Ulfasari, Sofiya (2024) Analisis Yuridis Terhadap Kedudukan Ahli Waris yang tidak Termuat Dalam Penetapan Ahli Waris Berdasarkan Kompilasi Hukum Islam Di Pengadilan Agama Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

The determination of heirs in the Religious Court of Pekanbaru, based on the Compilation of Islamic Law (KHI), presents several complex legal issues, particularly concerning heirs who are not included in the court's ruling. The ambiguity surrounding the rights of heirs who are not mentioned in the court decision creates legal uncertainty. This situation has the potential to cause injustice for heirs whose rights are not recognized and also opens the door for disputes among the heirs. Therefore, a thorough legal analysis is necessary to understand the legal standing of heirs who are not included in the court ruling. This research aims to answer the crucial question regarding the legal status of heirs who are not mentioned in the heir determination by the Religious Court of Pekanbaru, based on KHI. Furthermore, this study seeks to examine the legal implications of court rulings that overlook certain heirs and the consequences of such omissions on the distribution of inheritance. Using normative legal research methods, with a case study approach, the research analyzes two relevant court decisions, namely the court ruling No. 98/Pdt.P/2023/PA.Pbr and the decision No. 1379/Pdt.G/2023/PA.Pbr. The data analyzed in this research is derived from various legal documents, court rulings, and relevant literature on Islamic inheritance law and KHI. By referencing the theory of legal certainty, the theory of justice, and the theory of law as a tool for social engineering, this research examines to what extent existing legal provisions can provide certainty and justice for all heirs, including those not mentioned in the court’s ruling. The findings of this study reveal that heirs who are not included in the determination of heirs by the Religious Court of Pekanbaru hold a weak legal position, making them vulnerable to the neglect of their inheritance rights, which they should rightfully receive. This situation contradicts the principles of justice in Islam. Therefore, significant reforms are required in the procedure of making court decisions and determining heirs, especially in terms of accuracy and thoroughness of the data presented. With these reforms, it is hoped that the law can function more effectively as a means of social renewal and ensure that all heirs receive fair legal protection in accordance with the applicable provisions, thereby minimizing and preventing unjust legal practices

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