Analisis Putusan Hakim Pengadilan Negeri Pekanbaru Dalam Pembagian Harta Waris Antara Duda Sebagai Penggugat Dengan Empat Orang Anak Sebagai Tergugat (studi Putusan Nomor : 132/pdt.g/2017/pn.pbr)

Miranta, Indri Dwi (2020) Analisis Putusan Hakim Pengadilan Negeri Pekanbaru Dalam Pembagian Harta Waris Antara Duda Sebagai Penggugat Dengan Empat Orang Anak Sebagai Tergugat (studi Putusan Nomor : 132/pdt.g/2017/pn.pbr). Other thesis, Universitas Islam Riau.

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Abstract

The application of the principle and harmony of inheritance to joint property owned by husband and wife, there are two things that need to be considered, namely as long as the husband and wife are still alive, the assets owned are in their control and what can be divided as inheritance is the property of the husband or wife who dies. first after being cleared of the ownership and rights of others (including the ownership of a husband or wife who is still alive). The formulation of the problem in the research is how to analyze inheritance disputes between a father and four children and the legal considerations of the Pekanbaru District Court Judges in deciding the case Number: 132 / Pdt.G / 2017 / PN.Pbr. This research uses the normative legal method by studying the case file Number: 132 / Pdt.G / 2017 / PN.Pbr, while the nature of this research is descriptive, which is to draw clearly and in detail about the distribution of inheritance from joint assets owned. by the plaintiff with the late. Rut Siami, his wife who has passed away with other heirs, so that from the research it can be seen that there is a match or contradiction between the decision of the Pekanbaru District Court and the applicable legal rules. Based on the results of the study, it can be seen that the analysis of inheritance disputes between a father and four children is a civil case registered at the Pekanbaru District Court with case registration No.132 / Pdt.G / 2017 / PN.Pbr, where the plaintiff is the husband of the late Rut Siami. while the defendants are the children of the plaintiff's marriage to the late Rut Siami, after the late Rut Siami died, the property owned by the plaintiff with the late Rut Siami became an inheritance that was entitled to be owned by his children, the plaintiff in the main case argued that the property together after the late Rut Siami died, it must be divided in two because with the death of the late Rut Siami legally the plaintiff's marriage had ended due to death so that the plaintiff was entitled to receive half of the joint assets owned but the defendants objected to sharing the assets and did not recognize the plaintiff as biological father. As for the legal considerations of the Pekanbaru District Court Judges in deciding the case Number: 132 / Pdt.G / 2017 / PN.Pbr is in its decision the Pekanbaru District Court decided that the property that is the object of the dispute is joint property that the plaintiff must share equally to the defendants as the heirs of the Alm. Rut Siami because in accordance with the provisions of Article 852 of the Criminal Code that children, although born from different marriages, both male and female get the same share, inherit head by head, further article 852 a KUHPdt "regarding the inheritance of a husband or wife who died first, the wife or husband who has lived the longest is likened to a legitimate child of the deceased so that their share is equal to that of a child.

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