Muslim, Muslim (2024) ANALISIS YURIDIS TENTANG PEMBAGIAN HARTA WARISAN BAGI ANAK TIRI DARI PERKAWINAN POLIGAMI (Studi Kasus Putusan Mahkamah Agung Nomor 489/K/Ag/2011). S1 thesis, Universitas Malikussaleh.
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Abstract
Inheritance law is closely related to the scope of human life, with the event of someone's death, including the issue of how to manage and continue the rights and obligations of someone who dies. Islamic inheritance law is the law that regulates everything relating to the transfer of rights and obligations over a person's assets after he dies to his heirs. A person who dies will leave behind at least two things. The first is leaving heirs and the second is leaving inheritance. The assets inherited from the deceased cannot be divided because in this case the costs of arranging the body, paying off debts and wills must be deducted. How does the legal system in Indonesia regulate the disteribution of inheritance assets for stepchildren born from polygamous marriages. What are the Judge's Legal Considerations Regarding the Disteribution of Inheritance Assets to Stepchildren from Polygamous Marriages in Supreme Court Decision Number 489/K/Ag/2011. The research method used in this research is normative legal research. This research is descriptive in nature, namely providing a detailed and clear picture of the problem being studied. The legal problem in this research is to find out how inheritance is disteributed to stepchildren regarding joint assets from polygamous marriages. To find out the Judge's legal considerations regarding joint assets from polygamous marriages in Supreme Court Decision Number 489/K/Ag/2011. Results Based on the An heir who has more than one wife (polygamy), the joint assets of the heirs must be separated from each other, meaning that the joint assets acquired with the previous wife must be separated from the joint assets acquired with the second wife, and so on. In the division of inheritance, apart from the clear portion according to Islamic religious law, the Compilation of Islamic Law (KHI) also stipulates that a relationship between adopted children and adoptive parents is established between mutual wills. Article 209 paragraph (1) and paragraph (2) reads: (1) The inherited assets of adopted children are divided based on articles 176 to 193 above, while adoptive parents who do not receive a mandatory will are given a maximum of 1/2 3 of his adopted son's inheritance. (2) Adopted children who do not receive a will are given a mandatory will of up to 1/3 of the inheritance of their adoptive parents. Keywords: Inheritance, Heirs, Testament
Item Type: | Thesis (S1) |
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Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General) |
Divisions: | Fakultas Hukum > 74201 - Program Studi Ilmu Hukum |
Depositing User: | Muslim Muslim Muslim |
Date Deposited: | 17 Oct 2024 06:46 |
Last Modified: | 17 Oct 2024 06:46 |
URI: | https://rama.unimal.ac.id/id/eprint/6920 |
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