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Analisis Perbandingan Putusan Hakim Tentang Pemberian Wasiat Wajibah Untuk Anak Tiri (Studi Putusan Nomor 1581/Pdt.G/2020/Pa.Pbr Dan Nomor 311/Pdt.G/2013/Pa.Mtr)

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Disputes over inheritance are a problem that often occurs. This is what happened in two cases with case numbers 1581/Pdt.G/2020/PA.Pbr and number 311/Pdt.G/2013/PA.Mtr. These two cases have the same main issue, namely regarding the giving of inheritance to stepchildren, but have different court decisions. In the first decision with case number 1581/Pdt.G/2020/PA.Pbr, the judge gave the inheritance to the stepchildren through a mandatory will. Meanwhile, in the second decision, with case number 311/Pdt.G/2013/PA.Mtr, the judge decided not to give stepchildren the inheritance of their stepparents, not even through a compulsory will. The purpose of this research is to find out and understand whether or not stepchildren are entitled to receive a mandatory will according to Decision Number 1581/Pdt.G/2020/PA.Pbr and Decision Number 311/PDT.G/2013/PA.Mtr, and that they have fulfilled the principles whether or not it is beneficial to grant a mandatory will to stepchildren.
This research uses a type of normative juridical legal research. Using primary, secondary and tertiary legal materials as data sources. The data collection technique used is library research. And the data analysis method used in this research is a qualitative method.
From the research results of this thesis, there are two main problems that can be concluded. First, stepchildren have the right to receive a mandatory will based on the contents of Decision Number 1581/Pdt.G/2020/PA.Pbr. This could happen because the judge decided to use the Qiyaz legal method. Qiyaz can be carried out if in two different cases, there are many similarities (Illat), so that the same rules can be applied to cases where there is no legal regulation. However, according to the contents of Decision Number 311/Pdt.G/2020/PA.Mtr, stepchildren have no right to receive a mandatory will. This happens because from a juridical perspective, it is clear that stepchildren are not the subject of obligatory will as stated in Article 209 KHI. Stepchildren are also not related by blood or marriage to the testator, so stepchildren have no right to receive inheritance from their stepparents. Second, the granting of a mandatory will to stepchildren in case Number 1581/Pdt.G/2020/PA.Pbr has fulfilled the principle of legal benefit. This is because by giving a mandatory will to the stepchildren, the lives of the stepchildren, namely Khairunas Saputra Bin Suhaimi as Plaintiff V and Zul Ahmad Ricky Bin Epiwardi as Plaintiff VI can be helped from an economic perspective, as well as the friendly relationship between the two of them and other family relatives left behind. can be maintained and well maintained. This legal benefit is what the judge hopes will occur after deciding to grant a mandatory will to a stepchild.

Keywords : Inheritance-Stepchildren-Mandatory Will

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809124614

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809124614

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Zenny

Versi lain/terkait

Lampiran Berkas

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