Kedudukan Anak Dari Saudara Perempuan Sebagai Penerima Wasiat Wajibah

Misdaruddin, Misdaruddin (2025) Kedudukan Anak Dari Saudara Perempuan Sebagai Penerima Wasiat Wajibah. Doctoral thesis, UIN Imam Bonjol Padang.

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Abstract

The diversity of inheritance laws in Indonesia, encompassing customary, Islamic, and Western laws, aims to achieve justice for society. However, specific challenges arise in applying the mandatory bequest (wasiat wajibah) for the child of a female sibling, who is theoretically entitled to inheritance based on SEMA No. 03 of 2015. Cases such as No. 105/Pdt.P/2022/PA Smdg demonstrate judicial rejection of this bequest, creating legal uncertainty. This study examines the position of a female sibling’s child as a mandatory bequest recipient under Islamic inheritance law in Indonesia. The purpose of this research is to analyze the legal considerations of the panel of judges in rejecting the mandatory bequest for a female sibling’s child in decision No. 105/Pdt.P/2022/PA Smdg and to identify the factors leading to the disregard of SEMA No. 3 of 2015. Furthermore, this research explores the impact of this rejection on legal certainty and justice in inheritance cases in Indonesia. This study employs the theories of legal certainty and justice. According to Gustav Radbruch, legal certainty demands consistency, allowing society to anticipate legal consequences. The theory of justice emphasizes proportional rights, ensuring equality before the law. These theories are utilized to understand the judges’ role in delivering fair and consistent verdicts regarding the mandatory bequest for the child of a female sibling in Indonesia. The research methodology adopts an empirical juridical approach with a qualitative research type to analyze the position of a female sibling’s child as a mandatory bequest recipient in Islamic inheritance law at the Sumedang Religious Court. Primary and secondary data were collected through documentation and interviews. The analytical technique applies John W. Creswell’s model, including data management, reading and annotation, description and interpretation, and data visualization in narrative form to reveal the judge’s views and considerations in depth. The results of this study are that: 1) The decision of the panel of judges in case Number 105/Pdt.P/2022/PA Smdg, prioritizes the main heir by rejecting the mandatory will for the child of the testator's sister. This is based on the Compilation of Islamic Law (KHI), which prioritizes direct heirs based on blood relations, 2) The decision to reject and ignore SEMA No. 03 of 2015 was motivated by the assumption that SEMA is only administrative in nature and does not have a binding legal standing compared to KHI as the main guideline in Islamic inheritance in Indonesia, 3) The legal consequences of the rejection of the mandatory will by the panel of judges for the child of the sister are a form of deviation from the guidelines of MA jurisprudence and lead to violations of the principles of justice and legal certainty, aspects of injustice, legal inconsistency, and neglect of modern ijtihad in Islamic law with the principle of maqashid sharia. Keywoard: Nephew;Mandatory inheritance;Legal position

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