PENERAPAN PERATURAN KOMPILASI HUKUM ISLAM TENTANG KEABSAHAN ANAK ANGKAT DALAM PERKARA WARIS ISLAM PADA NOMOR PERKARA 3905/Pdt.G/2023/PA.Kab.Mlg

Albab, Nur Islami Ulil (2025) PENERAPAN PERATURAN KOMPILASI HUKUM ISLAM TENTANG KEABSAHAN ANAK ANGKAT DALAM PERKARA WARIS ISLAM PADA NOMOR PERKARA 3905/Pdt.G/2023/PA.Kab.Mlg. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

The background of this study is the inconsistency of the Decision of the Panel of Judges in the case "Determination of the validity of adopted children as heirs based on the Compilation of Islamic Law" in Case Number 3905 / Pdt.G / 2023 / PA.Kab.Mlg, namely not having strong evidence in the form of a court ruling or a decision of the Panel of Judges as legal force, this does not comply with the regulations of the 1991 Presidential Instruction on the Compilation of Islamic Law Article 171 point "h" and Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption and the Plaintiff's lawsuit which does not meet the formal elements of the lawsuit "the identity of the Plaintiffs" is not explained in detail which affects the validity of the family tree to obtain inheritance, this makes the Plaintiff's lawsuit Error In Persona, as well as other deviations, the Plaintiff's lawsuit contains Obscuurlibel, Nebis In Idem, deviations in the Mediation process are not in accordance with PERMA Number 1 of 2016. The purpose of this study is to determine the application of the Compilation of Islamic Law (KHI) about the adoption of adopted children and the distribution of inheritance to adopted children. The study uses the Empirical juridical legal method from the experience of direct legal practice in the field at the SMU LAW OFFICE Office. The suggestions in this study are that the First Level to High Level Courts in deciding Inheritance Cases must have clear evidence of legal force in the form of a "Court Decision" and for law enforcement officers to provide legal understanding to the public, especially regarding "Inheritance".

Item Type: Thesis (Undergraduate)
Student ID: 202110110311172
Keywords: Inheritance, Validity of Child Adoption
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202110110311172 nurislamiulilalbabgmailcom
Date Deposited: 20 Jan 2025 05:39
Last Modified: 20 Jan 2025 06:54
URI: https://eprints.umm.ac.id/id/eprint/13851

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