ANALISIS WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT INSTRUKSI PRESIDEN NOMOR 1 TAHUN 1991 TENTANG KOMPILASI HUKUM ISLAM (Studi Kasus Terhadap Putusan Nomor 04/Pdt.G/2009/PTA. Pbr.)

Abstract

Meanwhile, in our society, many foster children and foster parents do not know about the distribution of legacy based on wajibah Will with the result for the foster children whose biological parents have been passed away do not get the rights so that their future becomes uncertain. Based on this understanding, the writer formulated two forms of problems : First, what is the position of foster children in wajibah Will according to Compilations of Islamic Law? Second, Has the Pengadilan Tinggi agama fulfilled the sense of justice, beneficial and certainty of law? The type of this research could be grouped into Normative juridical, based on the library research to get data source which was secondary data by using the materials of Law which were primary law materials, secondary law materials and tertiary law materials. Come up with analyzing descriptively and qualitatively. It could be shown from the research that there was a mistake that had been done by the judges of First Court resulted in the foster child who involved in the case thought that she did not get her right so that the foster child sued to Tingkat Banding Court. The judges in Tingkat Banding Court decided to give part of the legacy to the foster child according to the regulation stated in Compilations of Islamic Law. Therefore, the result of this research could be the guidance for the Judges at Court in deciding the lawsuit about the distribution of the legacy for the foster children according to Compilations of Islamic Law, so that there will be a law certainty for foster children and the inheritors themselves.