Islamic Inheritance Law Review in Notary Practices in Indonesia

DOI

10.2991/978-2-38476-046-6_112How to use a DOI?

Keywords

Application of Law; Islamic Inheritance; Notary Practices

Abstract

In this world humans rule, exploit and explore. Human power becomes the center or focus of all life activities in the world. As subjects, people have interests in this world and demands that need to be fulfilled or fulfilled. Whether in the past, the present, or the future, from birth to death, people always have interests, wants, or needs that are expected to be met. Human interests are always thwarted by the dangers around them, so people want to protect their interests so that they are not thwarted by those dangers. Laws were then created as a place of protection for people with different interests. There are different types of laws in Indonesia, including religious law, criminal law, civil law, and constitutional law. Of these laws, civil law predominates in Indonesia and is divided into her three systems: Western law (European civil law), customary law and Islamic law. All three legal systems regulate the distribution of inheritance. Inheritance law stipulates who will be the heirs, who will be the heirs, how much property each heir can receive, and how the inheritance will be divided. Notaries in Indonesia often encounter problems in notary services, especially when dealing with client disputes (clients) with family members regarding inheritance. In this context, this research aims to clarify the issues and application of Islamic inheritance law in notary services in Indonesia. This study uses normative legal research and legal approaches. This study examines the Quran, Al Hadith, Islamic Law (KHI), Civil Code (KUHPdt), and Republic of Indonesia Law No. 2 (UUJN) on Amending Law No. 30 of 2004.) related to research. Data collection is through interviews and focus group discussions with notaries, Bandar Lampung, notary supervisors in Ulama, Lampung Provincial Religious Affairs Ministry, Bandar Lampung Religious Court, and municipalities to provide answers to key questions. It is done. Data analysis is done by organizing the data, dividing it into units, synthesizing it, assembling it into patterns, selecting what is important for research, and reaching conclusions that can be shared with others. The type of data analysis used in this study takes the form of qualitative data analysis, which draws data from written legal sources using various data collection techniques. The research urgency is the development of Islamic legal documents of inheritance law in notarization services, the optimization of the role of notaries in the inheritance process according to Islamic law, and the implementation of Islamic inheritance law procedures in notarization services.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Eka Suci Indria Sari
AU  - Rohaini
AU  - Dwi Rimadona
PY  - 2023
DA  - 2023/05/02
TI  - Islamic Inheritance Law Review in Notary Practices in Indonesia
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 1163
EP  - 1174
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_112
DO  - 10.2991/978-2-38476-046-6_112
ID  - Sari2023
ER  -