Mohamad Mirzalino Safryan Dilapanga (2022) Pembagian Harta Waris oleh Ahli Waris Pengganti dengan Menyimpangi Penetapan Pengadilan Agama (Analisis Penetapan No.0018/Pdt.P/2017/PA.Gtlo). Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

"Replacement Heirs in Deviating the Determination of Religious Courts that emphasize the complexity of the problem of Islamic heirs in Indonesia, especially the involvement of replacement heirs as one of the heirs raises new problems in the community environment over the diverse opinions of jurists on the position of the successor heirs, the Court as a judicial institution that has the authority to decide/determine the heirs often followed. with deviations from the heirs as petitioners or parties of the determination/decision of the Court to be able to divide outside of the existing judge's decision instead of the agreement of the heirs with the creation of a peace agreement with the form of ""Deed of Agreement on the Division of Inheritance"" through a Notary. Together with the Inheritance Certificate, the Certificate of Inheritance Rights that both explain the rights of each heir in obtaining inheritance that can be issued by a Notary often does not know that the Deed of Inheritance Division Agreement has a difference of character with inheritance certificate and inheritance certificate. So that the wishes of the heirs as petitioners/parties in the Determination/court decision on an inheritance case cannot be realized especially with the type of heir who is still in doubt of his position. This research uses the statute approach, conceptual approach, and case approach and discusses the ratio recidendi of the determination of judges about the provisions in Law No. 2 of 2014, Compilation of Islamic Law, and other laws and regulations. The results of this study state that the position of surrogate heirs in Islam can be possible especially the form of deviation from the heirs besides having been regulated in Islamic inheritance law can be possible as long as by knowing the amount of each heir before the desired division is carried out as the main condition that must be fulfilled."

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