PENYELESAIAN TERKAIT PELAWANAN OLEH PIHAK KETIGA KEPADAAHLI WARIS SESUAI DENGAN HUKUM WARIS (No Perkara.57/Pdt.Plw/2023/PN.Pati )

Case No. 57/Pdt.Plw/2023/PN.Pati discusses the complexity of inheritance rights settlement in Indonesia, especially in relation to land as a valuable asset. The case involved the actions of one of the heirs who changed the name on the land certificate without the consent of all heirs, submitted the land as collateral for a loan to Defendant II, and caused internal disputes within the family. This research uses empirical legal research method with socio-legal approach. Data were obtained through interviews, observations, and literature searches. Data analysis was conducted qualitatively to understand the complexity of inheritance law in Indonesia. The results showed that the division of inheritance must be in accordance with Civil Law Article 830, and the act of changing the name of the land without the consent of all heirs violates legal integrity and ethics. The use of land as loan collateral without the consent of the other party is contrary to Banking Law No. 10 of 1998. assisted in the preparation of power of attorney, application for stay of execution, lawsuit letter, mediation request, replication, duplicates, as well as attendance in trial and local examination. The legal analysis shows that the sale and purchase of inherited land without the consent of all heirs is invalid under Civil Code Article 1334. The conclusion emphasizes the importance of inheritance law awareness, clear communication, and understanding the rules in managing inherited assets in Indonesia. Suggestions involve coordination of heirs, legal consultation, understanding of property rules, and verification of financial institutions

Islamic inheritance law, son preference and fertility behavior of Muslim couples in Indonesia

This paper examines whether the son preference and fertility behavior of Muslim couples respond to the risk of inheritance expropriation by their extended family. According to traditional Islamic inheritance principles, only the son of a deceased man can exclude his male agnates from inheritance and preserve his estate within the nuclear household. The paper exploits cross-sectional and time variation in the application of the Islamic inheritance exclusion rule in Indonesia: between Muslim and non-Muslim populations affected by different legal systems, across men with different sibling sex composition, and before and after a change in Islamic law that allowed female children to exclude male relatives. The analysis finds that Muslim couples more affected by the exclusion rule exhibit stronger son preference, practice sex-differential fertility stopping, attain a higher proportion of sons, and have larger families than non-Muslims or Muslims for whom the exclusion rule is less binding.Population Policies,Gender and Law,Population&Development,Adolescent Health,Social Inclusion&Institutions

Konvergensi Pembagian Harta Waris dalam Hukum Islam.

The Convergence of Inheritance in Islamic Law. This article examines the legal position of Islamic inheritance law in Indonesia, especially from the aspect of implementation and factors hindering the implementation of the legal system in the Muslim community. As this study finds out, there are two main reasons why the Islamic Inheritance Law can not be implemented in Indonesia: (1) Indonesian Muslims are still bound to Customary inheritance law, either in forms of individual inheritance system (patrilineal, matrilineal or bilateral), collective inheritance syatem (inheritance is not distrubuted but is managed collectively), or Majorat inheritance system where the oldest son master the entire inheritance. (2) The Muslims have not fully grasped the concept of fairness and equality in Islamic law, especially when it pertains to the portion of sons and daughters which follows 2: 1 ratio

Pluralisme Hukum Kewarisan Di Indonesia

In Indonesia, there are at least three types of inheritance laws still exist and live in the midst of society, namely: inheritance laws based on Islamic law, customary inheritance law is very pluralistic circumstances, and inheritance laws based on the Book of the Law Civil Law (Civil Code) / BW. Configuration of the various laws that will certainly bring further consequences. Heirs can be faced with (at least) three legal options. Though each of the inheritance law systems have fundamental differences about the causes of inheritance, heirs sequence, and part heir. In the perspective of the law, inheritance law diversity is its own treasure or wealth for the nation of Indonesia, but this would lead to legal pluralism legal uncertainty. If allowed to continue not impossible contradiction inheritance law will be driving the increasingly rampant family tension and conflict. Moreover, at this time increasingly individualized family relationships where people are more concerned with material including inheritance. Without reducing the excess of each legal heir, in the spirit of harmony and the rule of law, there would be time national heritage laws can be used as a legal reference

Inheritance Law and Investment in Family Firms

Entrepreneurs may be constrained by the law to bequeath a minimal stake to non-controlling heirs. The size of this stake can reduce investment in family firms, by reducing the future income they can pledge to external financiers. Using a purpose-built indicator of the permissiveness of inheritance law and data for 10,245 firms from 32 countries over the 1990-2006 interval, we find that stricter inheritance law is associated with lower investment in family firms, while it leaves investment unaffected in non-family firms. Moreover, as predicted by the model, inheritance law affects investment only in family firms that experience a succession.Succession, Family Firms, Inheritance Law, Growth, Investment

Succession in Family Businesses of Pakistan : Kinship Culture and Islamic Inheritance Law

Family businesses are growing and turning into complex business groups, transforming from family controlled and managed to family owned and professionally managed public listed businesses. Hence, successful succession of a business and development of future successors are becoming the key success factors for family businesses. This paper examines succession dynamics and successor development within three family businesses in Pakistan. These cases are not only taken from different sectors, e.g., textile, engineering and manufacturing, but are also at different phases of organizational development. The conceptual framework to observe successor development at the pre-entry, entry and succession phases was developed from literature research. The paper further explores the kinship culture in succession of the family businesses, and examines aspects of Islamic inheritance law in family business succession. We find that kinship culture and Islamic inheritance law influence division of the business during the succession phase in Pakistan. The paper also explores transformation of the family businesses from kinship and biradari culture to professionally managed businesses listed on the stock exchange.Succession, Successor Development, Family Businesses, Kinship Culture, Islamic Inheritance Law, Pakistan

Inheritance Law and Investment in Family Firms

Entrepreneurs may be constrained by the law to bequeath a minimal stake to non-controlling heirs. The size of this stake can reduce investment in family firms, by reducing the future income they can pledge to external financiers. Using a purpose-built indicator of the permissiveness of inheritance law and data for 10,245 firms from 32 countries over the 1990-2006 interval, we find that stricter inheritance law is associated with lower investment in family firms, while it leaves investment unaffected in non-family firms. Moreover, as predicted by the model, inheritance laws affects investment only in family firms that experience a succession.succession, family firms, inheritance law, growth, investment

Perbandingan Pembagian Warisan untuk Janda Menurut Kitab Undang-undang Hukum Perdata dan Kompilasi Hukum Islam

Widow as heir there are many similarities and differences in system of Islamic law with Western legal system where people are less aware of the similarities and differences. Inheritance law provisions regarding inheritance for widows there are very significant differences between the provisions of the Civil Code and the laws of Islam. Based on the explanation and the above background, the authors are interested in the discussion raised in a scientific study entitled " THE COMPARISON OF LEGACY SHARING FOR THE WIDOW ACCORDING TO CIVIL LAW AND COMPILATION ISLAMIC LAW"Basically, this research aims to achieve a proper understanding of the problems formulated. More specifically, the purpose of the study can be described as follows: First, to determine the position of widows as heirs in inheritance according to the Civil Code and Islamic Legacy Law. Second, to determine the distribution of inheritance to widows based on the Civil Code and Islamic Legacy Law. Third, to determine similarities and differences in the law about the division of inheritance for widows according to the Civil Code and Islamic Legacy Law.. The conclusion is First, Equation Position Widow as heir based based on the Civil Code and is based on Islamic Legacy Law is the class of the priority to be heir, so it is not obstructed heir heirs other than by virtue. Second, the difference, in the Civil Code Widows who do not have children or descendants heir entitled to the entire inheritance. While in Islamic Inheritance Law Widow heir with his parents and brothers heir. The amount of the legacy of the Civil Code for Widow equated with the legitimate child of the head-by-head. While the magnitude of the inheritance to the widow in Islamic inheritance according Islamic Legacy Law sourced from Al Quran has been determined, the 1/4 or 1/8