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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Pembagian Harta Warisan Oleh Ahli Waris Pengganti Menurut Hukum Waris Islam (Analisis Putusan Pengadilan Agama Kota Malang Nomor: 958/pdt.g/2003/pa.mlg)

Sadiq Ginting
Diterbitkan 2016

Abstrak

This study aims to determine and analyze the Religious Court Judge's decision Malang in setting the substitute heirs and the right part of the inheritance based on the decision No. 958/Pdt.G/2003/PA.Mlg. Substitute heirs as referred to in Article 185 KHI, will have implications for the amount, presence and heritage quota which was originally received by other heirs. Article 174 paragraph (1) says that there are 11 people heirs, includes: father, son, brother, uncle, grandfather and widowers, mothers, daughters, sisters, grandmothers and widows. However, in relation to Article 185 KHI on the existence of substitute heirs more numerous, reaching 41 people (22 men and 19 women). But in the context of inheritance law in Indonesia, particularly the Islamic law of inheritance are not many people understood and seldom practiced correctly. This study, using descriptive analytic approach with normative juridical approach, the data collection methods of documentation based on the decision number: 958/Pdt.G/2003/PA.Mlg., And analysis of data reduction, data presentation, and draw conclusions / verification. Observing disagreements and polemics in understanding the substitute heirs and the division of inheritance based on Islamic Inheritance Law, the researchers are interested in doing research on the Division of Inheritance by Heirs Substitute According to Islamic Inheritance Law. Observing disagreements and polemics in understanding the substitute heirs and the division of inheritance based on Islamic Inheritance Law, the researchers are interested in doing research on the Division of Inheritance by Heirs Substitute According to Islamic Inheritance Law.

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