Kedudukan Hukum Wasiat Wajibah terhadap Warisan Orangtua Angkat yang Berbeda Agama (Studi Kasus Putusan Nomor 162/PDT.G/2018/PTA-BDG)

Abstract

Obligatory will is an imposition by a judge or a body who is entitled to the property of someone who has passed away because during his life he does not make any will voluntarily, thus, half of his rights or his property is granted to certain people and in a certain condition. This thesis discusses some problems namely how about the regulation on foster child's rights from foster parents with different religions according to Islamic Law, how about the regulation of Obligatory will for an foster child who has different religion from the heirs according to Islamic Law, and how about the legal consideration in Ruling Number. 162/Pdt.G/2018/PTA-BDG. This analytical descriptive research employs normative juridical method. The

theories used in this research are the theories of Legal Certainty, Justice, and Legal

Protection. This thesis uses statutory approach and case approach. The data are taken

from secondary data source and analyzed qualitatively. The data collection instrument

and techniques used in this research are library research, interviews, and document

shady Based on the research, it is concluded that: First, Islamic Law allows foster care up to certain limitations namely as long as it does not cause legal consequences in terms of cognation the relation of guardianship, and testamentary from the foster parents. The rights which will be granted to the children is stipulated in Surah Al- Baqarah verse 233 which regulates the hereditary rights from the biological father, rights to be taken care of, rights for education, and rights for protection based on his ability. In addition, Islamic law also grants rights in the form of radla (being nursed by the same woman), rights of hadhanah (foster child), rights of walayah (guardianship), and rights to be supported financially. Furthermore, these rights can be granted to the foster child whose foster parents' religion is different namely the rights of hadhanah (foster child), rights of walayah and rights to be supported financially Second, in Islamic Law, the testamentary is regulated in Al-Quran surah Al-Baqarah and surah An-Nisa while in As-Sunah it is regulated in hadith narrated by Sa'ad bin Abi Waqqas. The Obligatory Will is regulated in Article 209 paragraphs (1) and (2) of Islamic Law Compilation. Based on those regulations, the testamentary for the foster child with different religion can be granted in the form of Obligatory Will through a religious court decree hased on Article 209 paragraphs (1) and (2) with the stipulation that the inheritance that will be received is 1/3 (one-third). Third, Legal Consideration in Ruling No. 162/Pdt.G/2018/PTA-BDG states that the Judge gives the Obligatory Will decision to the heirs with different religions based on Article 209 paragraphs (1) and (2) of Islamic Law Compilation and this is in accordance with the opinion of the Judge of Pematang Siantar Religious Court stating that Obligatory Wilh can be granted to the people with different religion by considering applicable jurisprudence and justice for parties.