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KESETARAAN GENDER DALAM PEMBAGIAN HARTA WARISAN (STUDI PUTUSAN PENGADILAN AGAMA YOGYAKARTA NOMOR 207/PDT.G/2023/PA.YK)
The issue of inheritance is always an interesting issue to study, especially regarding the fair distribution between heirs, both according to Islamic inheritance law and civil law. Islamic inheritance law regulates the distribution of assets based on provisions in the Koran and hadith, which see differences in shares between men and women, namely men get two shares and women one share. However, along with the times and demands for gender equality, there are some parties who want an equal distribution of inheritance. This is reflected in the decision of the Yogyakarta Religious Court No. 207/Pdt.G/2023/PA.YK, in which the Plaintiff sued over the distribution of inherited assets which had not been carried out after the testator died in 1995. Even though there had been an agreement between the heirs to divide the assets equally, the distribution had not been carried out due to the Defendant's lack of good faith. The panel of judges decided to grant the Plaintiff's claim by considering the agreement of the heirs and directed that the distribution of the inheritance be carried out immediately, either in kind or through monetary compensation or auction. Therefore, it is included in the main problem in the problem formulation, namely first, what is the basis of the judge's legal considerations in deciding to divide inheritance assets in a 1:1 ratio in decision No. 207/Pdt.G/2023/PA.YK at the Yogyakarta Religious Court. Second, how do judges at the Yogyakarta Religious Court respond to the implementation of gender equality in the distribution of inheritance. This research uses feminist theory and Gustav Radbruch's theory, namely justice, certainty and legal benefits. The method used in this research is descriptive-analytical with a juridical-empirical approach, namely an approach using theories and concepts in inheritance law as well as observing the application of law that takes into account reality and uses existing empirical facts. The data obtained and used in this research is by conducting interviews and literature studies, namely by reading and quoting from sources such as books, statutory regulations, articles, journals and other materials which are of course related to the subject of discussion. The results obtained from this research show that the distribution of inheritance in the Yogyakarta Religious Court shows that the principles of peace, justice and gender equality allow flexibility in the distribution of inheritance, such as equal distribution if there is an agreement between the heirs. In decision no. 207/Pdt.G/2023/PA.YK reflects the application of the principle of as-Suhl (peace) and Article 183 KHI which allows for a peaceful resolution of the division of inheritance. Although Islamic law regulates a 2:1 distribution, some judges are more open to equal distribution by considering the social, economic context and changing times.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KESETARAAN GENDER DALAM PEMBAGIAN HARTA WARISAN (STUDI PUTUSAN PENGADILAN AGAMA YOGYAKARTA NOMOR 207/PDT.G/2023/PA.YK) (Text)
KESETARAAN GENDER DALAM PEMBAGIAN HARTA WARISAN (STUDI PUTUSAN PENGADILAN AGAMA YOGYAKARTA NOMOR 207/PDT.G/2023/PA.YK) (Other)
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