PERTIMBANGAN HAKIM DALAM PUTUSAN PENGADILAN AGAMA TERHADAP PENETAPAN AHLI WARIS WARGA NEGARA ASING (STUDI PUTUSAN NOMOR 90/PDT.G/2023/PA.SLK)

Yendi, Cut Chintya Putri (2025) PERTIMBANGAN HAKIM DALAM PUTUSAN PENGADILAN AGAMA TERHADAP PENETAPAN AHLI WARIS WARGA NEGARA ASING (STUDI PUTUSAN NOMOR 90/PDT.G/2023/PA.SLK). S2 thesis, Universitas Andalas.

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Abstract

In the consideration of the judge in the religious court's decision on the determination of the heirs of foreign nationals in Decision Number 90/Pdt.G/Pa.Slk, it is said that Land Ownership Rights can be transferred and transferred to other parties in several ways, one of which is due to inheritance. This situation can cause problems if one of the heirs is a foreign national with an inheritance in the form of land ownership rights obtained from an Indonesian citizen heir. The problems discussed in this thesis are 1) What is the reason why the defendant as a foreign national does not want to split the certificate of ownership? 2) How is the judge's consideration in deciding civil case number 90/Pdt.G/2023/Pa.Slk related to the determination of foreign heirs? The research method used is normative juridical, the type of data used is secondary data, to obtain secondary data, primary legal sources and secondary legal materials are used, data collection techniques are literature studies and interviews, data analysis techniques use qualitative analysis. The reason the defendant did not want to split the certificate was that he wanted to keep the inheritance intact, this is not in accordance with Article 175 of the Compilation of Islamic Law which states that the heirs are obliged to divide the inheritance left by the testator. However, in reality the respondent did not fulfill his obligation to divide the inheritance. 2) The judge's consideration determined that Elly as the defendant was included as an heir which the judge considered on the basis of Article 174 and Article 176 KHI, in this article there are no rules governing citizenship as long as the heir is Muslim. In Islamic law inheritance also does not see foreigners but as long as he has a nasab or asbab relationship. The defendant is directly included as an heir regardless of nationality. The principle used in Islamic Inheritance Law is the Ijbari Principle.

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