ANALISIS TERHADAP WARIS ANAK ANGKAT BERDASARKAN HUKUM ISLAM (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 677/K/AG/2009)
ABSTRACT: In Indonesia, the
rule of Allah on this inheritance into positive law used in the Religious Court
in deciding the case of division or dispute relating to inheritance. The
authors took a sample case of the Supreme Court Number 677/K/AG/2009, which is
the case in the cassation decision of the High Court of Bandung Religion Number
63/Pdt.G/2009/PTA.Bdg which is also the appeal decision of testamentary
inheritance dispute case in the Religious Bandung Number 747/Pdt.G/2008/PA/Bdg
. The purpose from written this scripsion are; The First, the basic legalconsiderations
of the Supreme Court in deciding the case of inheritance disputes testament Number
677/K/AG/2009. The Second, the decision of the judges of the Supreme Court indetermining
the division of inheritance based on Islamic law meets the principle of legal certainty.
The conclusion are, The first, consideration of law in the Supreme Court
Decision Number 677/K/AG/2009 has been correct in applying the law of inheritance
relating to wills a the considerations, as an adopted child only receives
one-third of the estate, it is appropriate Article 209 KHI. The second, the
judges had been thorough in examining and deciding the case in the Supreme
Court Decision Number 677/K/AG/2009, so that the judges had been correct in applying
the legal basis in the consideration that resulted in lack of legal certainty
in the decision decided by the judge concerning the rights rights which should
be accepted by the legitimate heir. Writter suggest, The first, in considering
a case the judge must consider the principle of legal certainty , fairness and
expediency of any litigants. The second, the rule of law is a form of protection
against individuals who the arbitrary with other individuals. Therefore, judges
must pay attention to the rule of law as a form of protection against arbitrary
actions committed byindividuals against other individuals and pay attention to
the rights that should be accepted as a form of legal certainty.
Penulis: Santy Dewi
Kode Jurnal: jphukumdd151187
