ANALISIS YURIDIS NORMATIF HAK WARIS ANAK LUAR KAWIN MENURUT KOMPILASI HUKUM ISLAM DAN KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Terhadap Putusan No.60/Pdt.G/2017/Pta.Mtr)

Warni, Diola Rissma (2024) ANALISIS YURIDIS NORMATIF HAK WARIS ANAK LUAR KAWIN MENURUT KOMPILASI HUKUM ISLAM DAN KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Terhadap Putusan No.60/Pdt.G/2017/Pta.Mtr). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Out-of-wedlock children due to a serial marriage can have civil rights, one of which is inheritance rights if it meets Article 43 paragraph 1 of the Marriage Law, article 7 paragraph 3 of the KHI, and Article 4 of the KHI. This paper focuses on the basis for considering the judge's decision in granting the inheritance dispute filed by out-of-wedlock children as a result of serial marriage and how the perspective of out-of-wedlock children's inheritance rights towards his parents' inheritance based on the KHI and the Criminal Code in Decision No.60/Pdt.G/2017/PTA.Mtr. The writing method used is a normative juridical method that lays the law as a normative system which is carried out through analyzing legal materials in the form of rules and regulations. The results of the writing show that the main consideration of the judge in granting the decision of Decision No.60/Pdt.G/2017/PTA.Mtr. on the inheritance dispute filed by out-of-wedlock children due to the serial marriage is a contradiction including with Article 43 paragraph 1 of the Marriage Law, article 7 paragraph 3 of the KHI, and Article 4 of the KHI. Meanwhile, the perspective of out-of-wedlock children's inheritance rights resulting from serial marriages, both from the KHI and Criminal Code sides, as long as they cannot prove blood relations and do not have a determination or recognition from their biological father, they do not have inheritance rights over their biological father's inheritance.

Item Type: Thesis (Undergraduate)
Student ID: 202010110311501
Keywords: Inheritance rights, Out-of-wedlock children , Decision No.60/Pdt.G/2017/PTA.Mtr.
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202010110311501 diolarissmawarni24_umm
Date Deposited: 02 Aug 2024 03:26
Last Modified: 02 Aug 2024 03:26
URI: https://eprints.umm.ac.id/id/eprint/9093

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