Sabrina Auliya Maharani Adinda Balqis, Balqis (2025) Pelaksanaan Pembagian Harta Warisan Bagi Anak dari Perkawinan Pertama Studi di Desa Oro-Oro Ombo. Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
This research entitled “Implementation of the Distribution of Inheritance Property for Children from the First Marriage Study in Oro-Oro Ombo Village” aims to analyze the legal position of children from the first marriage in the distribution of inheritance according to Civil Law (BW) and Islamic Law, as well as comparing the implementation of inheritance rules in cases of inheritance disputes involving children from the first and second marriages. This type of research is empirical research with a case approach, through interviews and direct observation in the field. The results show that according to Articles 832 and 852 of the Civil Code, all children, whether from the first or second marriage, are entitled to equal inheritance. In Islamic Law (KHI), the division of inheritance is carried out based on the principle of proportional justice, where boys get twice the share of girls. The author has conducted interviews with the children of the first marriage involved in this dispute, who expressed their dissatisfaction with the unfair division of the inheritance, particularly in the case of the grant given to the children of the second marriage. They felt that their rights had been ignored, and argued that the grant should have been distributed in accordance with the provisions of the applicable inheritance law. However, in practice there are often irregularities, such as in the case of a grant dispute in Oro-Oro Ombo Village, where a testator, gave a land grant to a child from his second marriage, while the child from the first marriage did not get a share. Mediation can be an alternative by involving neutral and competent mediators, and education on Islamic inheritance law needs to be improved in the community.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202110110311193 |
Keywords: | Inheritance, child of first marriage, Civil Code, Compilation of Islamic Law, justice. |
Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202110110311193 sabrinaauly |
Date Deposited: | 03 Feb 2025 10:06 |
Last Modified: | 03 Feb 2025 10:06 |
URI: | https://eprints.umm.ac.id/id/eprint/14602 |