PROSES PENYELESAIAN SENGKETA WARIS ISLAM PADA GUGATAN NOMOR REGISTRASI PERKARA 2009/PDT.G/2024/PA. KAB. MLG

Alanna Octavia Arumsari Wijatmiko, Alanna Octavia Arumsari (2025) PROSES PENYELESAIAN SENGKETA WARIS ISLAM PADA GUGATAN NOMOR REGISTRASI PERKARA 2009/PDT.G/2024/PA. KAB. MLG. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Inheritance disputes are a condition caused by disagreements over the division of inherited property that occur among heirs. The final effort in resolving inheritance disputes is to settle the dispute at the first-instance court level so that conflicts among heirs do not drag on. The purpose of this writing is to understand and analyze the process of resolving inheritance disputes in the case with registration number 2009/Pdt.G/2024/PA. Kab. Mlg. This writing uses the type of empirical legal research. The results of the dispute resolution indicate that the mediation process did not reach an agreement, so it proceeded to trial. The trial process includes the complaint, answer, reply, rejoinder, evidence subsmission, on-site inspection, conclusion, and verdict. The entire trial process is conducted using e-court except for the evidence subsmission. In general, the trial process of this inheritance dispute has been in accordance with the procedural law of religious courts. The conclusion proceeds in accordance with the procedural law of religious courts, and the discussion made by the author can be summarized as follows: the panel of judges rejected the exception and counterclaim from the Defendants and ruled on this case by partially granting the amendment claim from the Plaintiffs, which was not in accordance with Article 127 Reglement op de Rechtsvordering. Based on the results of this writing, the author suggests a deeper understanding of Islamic inheritance law and the procedural law of religious courts in resolving Islamic inheritance cases to produce fair judgments based on factual examination and legal application.

Item Type: Thesis (Undergraduate)
Student ID: 202110110311266
Keywords: Inheritance Dispute, Islam, Religious Court
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202110110311266 alannaoctavia
Date Deposited: 31 Jan 2025 08:48
Last Modified: 31 Jan 2025 08:48
URI: https://eprints.umm.ac.id/id/eprint/14336

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