Wasiat Wajibah atas Harta Peninggalan bagi Cucu Saudara Kandung sebagai Penerima
Keywords:
Ahli Waris, Ratio Decidendi, Waris, Wasiat WajibatAbstract
The study aims to determine the ratio-decendi in the distribution of inheritance for the provision of mandatory will to sibling heirs in the case of Decision Number 58/Pdt.G2012/PA.Wsp. This research is a normative study using a statutory approach and a conceptual approach. The research results show that a compulsory will is a form of will intended for groups who do not receive a share of the inheritance from the party who has the right to inherit. In the Islamic Law Compilation arrangement, the wills are a right for adopted children who are followed by adoptive parents. In the consideration in the case of Decision Number 58/Pdt.G 2012/PA.Wsp, it is based on Article 209 KHI, which considers the position of the heir to be the son of the heir on the basis of the heir's closeness to the heir. The ratio-decidendi by the judges in handling this case is the principle of non-retroactivity, that is, laws and regulations may not apply retroactively.Downloads
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2020-08-29
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