ANALISIS YURIDIS WASIAT WAJIBAH SEBAGAI SALAH SATU CARA MENDAPATKAN BAGIAN BAGI ANAK ANGKAT (Studi Kasus Putusan Nomor : 1326/Pdt.G/2006/PA.TA dan Putusan Nomor : 07/Pdt.G/2008/PTA.Sby)
This research aims to determine the consideration of the judge in determining and deciding the adoptive child to acquire wajibah testament in Verdict Number: 1326/Rev. G/2006/PA.TA and Verdict Number: 07/Rev. G/2008/PTA.Sby. This research is a research with normative juridical method. Juridical rese...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2012
|
| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/100795/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=57181 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Institution: | Universitas Gadjah Mada |
| Summary: | This research aims to determine the consideration of the judge in determining and deciding the adoptive child to acquire wajibah testament in Verdict Number: 1326/Rev. G/2006/PA.TA and Verdict Number: 07/Rev. G/2008/PTA.Sby. This research is a research with normative juridical method. Juridical research is a research that attempted to synchronize the legal provisions with the norms in the legal protection of the norms or other legal regulations in the connection of implementation of the legal regulations in real practice in the field. As well as the normative study meaning this study also focus on research data or literatures in the form of secondary data, either in the form of secondary data primary law materials and secondary law materials. The research is also supported by field research to obtain primary data. The results of this research indicate, in Verdict Number. 1326/Pdt.G/2006/PA.TA Tulungagung religious court judges to provide consideration that despite the existence of a new adoptive child is known at the time of verification, the adoptive child has a right to acquire wajibah testament for 1/3 portion as provided in Article 209 verse (2) KHI. Provision of wajibah testament to adoptive child 1/3 portion is the limitation provision of a testament, it is intended that not too many inheritance given by wajibah testament to ensure the welfare of other heirs. While the Verdict Number: 07/Pdt.G/2008/PTA.Sby Surabaya religious high court judges give consideration that even though the adoptive child is not an heir, but has a right to acquire wajibah testament 1/3 and should be admitted as a party to the lawsuit because the adoptive child has the legal interest and the legal relationship with the adoptive parents. Provision wajibah testament intended to satisfy the justice of the adoptive child for taking care and loving adoptive parents and to the welfare of the adoptive child him/herself. |
|---|