PEMBATALAN WASIAT BAGI ANAK ANGKAT DAN AKIBAT HUKUMNYA TERHADAP AHLI WARIS LAIN (Studi Kasus Putusan Mahkamah Agung Nomor 677 K/AG/2009)

• Main Author: MARTHANI, LINA DWI
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2015
• Subjects: Civil Law and Procedure; Other Law; Law and Legal Studies
• Online Access: https://repository.ugm.ac.id/134514/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=77184
• Institution: Universitas Gadjah Mada

The aim of this research is to acknowledge judges make a decision to canceled the testament for the adopted children in supreme court decision number : 677 K/AG/2009 and the judges decision through the supreme court decision number 677 K/AG/2009 in terms of review imparcial principle of justice in Islamic inherritage law. This research was normative juridical by using the material data source that being taken from the library literature. Literature research is a reaserch in aim to synchronization every juridical provisions of law that according to principle of justice that still being used in the law protection agains every norms or other rules of law in related to enforcement in the field. Normative research means this research also focused in material data source research or in literature research on secondary materials data, including secondary materials data focused primarily legal materials and secondary legal materials. This research show us that judges canceled the testamen on adopted children on supreme court decision number 677 K/AG/2009 because the testament were declared invalid because its against with article 195, paragraph 2 compilation of Islamic law that declared testament only allowed at least one third of the estate will unless all the inheritage of estate will agreed through the statement must be declared in front of two witneses both in oral and written. In terms of the impartial principles of justice in Islamic law, decision of the judges in supreme court decision number 677 K/AG/2009 had already fulfill the impartial principles of justice because every each of share of the heirs had already according to the burden and responsibility.