PERLINDUNGAN HUKUM BAGI AHLI WARIS PENDERITA AUTISM SPECTRUM (ANALISIS YURIDIS KOMPARATIF HUKUM ISLAM DAN KUHPERDATA)

Meta Belinda Mahardika, NIM.: 19103040058 (2023) PERLINDUNGAN HUKUM BAGI AHLI WARIS PENDERITA AUTISM SPECTRUM (ANALISIS YURIDIS KOMPARATIF HUKUM ISLAM DAN KUHPERDATA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (PERLINDUNGAN HUKUM BAGI AHLI WARIS PENDERITA AUTISM SPECTRUM (ANALISIS YURIDIS KOMPARATIF HUKUM ISLAM DAN KUHPERDATA)) 19103040058_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (PERLINDUNGAN HUKUM BAGI AHLI WARIS PENDERITA AUTISM SPECTRUM (ANALISIS YURIDIS KOMPARATIF HUKUM ISLAM DAN KUHPERDATA)) 19103040058_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

Heirs are legal subjects, namely supporters of rights and obligations. This means that when an heir receives an inheritance from an heir, it means that he is a person who can carry out legal actions by himself. However, in terms of heirs, society often does not care about the rights of heirs for children with special needs, in this case those with mental disabilities or autism spectrum disorders. In fact, if one examines the Al-Qur'an, Hadith, and the Civil Code as well as the Islamic Law Compilation, there is not a single phrase related to children with mental disabilities which then alludes to legal protection for heirs with autism spectrum disabilities. In this way, the main problem in this study is how to provide legal protection for heirs of autism spectrum sufferers with a comparative juridical analysis of Islamic law and the Civil Code. This research is a library research which is descriptive qualitative in nature. The approach used is a normative juridical approach with primary sources used, namely the Civil Code Number 23 of 1847 in articles 433-462, Article 7 of Law Number 4 of 1997 concerning persons with disabilities, Article 9 of Law number 8 of 2016 concerning persons with disabilities. While the secondary sources used are books, scientific literature, journals, and so on that are related to primary legal materials and legal issues at hand. The theoretical framework used to analyze more deeply includes the theory of legal protection, theory of legal competence, and theory of legal certainty. The results of this study conclude that, first, legal protection for persons with mental disabilities with autism spectrum has the right to inherit assets which in practice require a guardian to assist in managing these assets, as stated in Article 433 of the Civil Code and refers to Article 1330 of the Civil Code. Second, based on provisions in the Compilation of Islamic Law (KHI), persons with disabilities with autism spectrum or what are known as dzwil ahat, dzawil ihtiyaj al-khashah or dzawil a'dzar are entitled to inheritance and assisted by guardians appointed by judges. Based on what has been regulated by KHI and the Civil Code, there is a significant impact with its own complexity and challenges. However, these two laws can have implications for the implementation of inheritance in Indonesia, namely as an affirmation of the role of Islamic law in inheritance law, provisions regarding the principle of inheritance in the Civil Code, and are needed to understand and harmonize the interpretation of both, settlement of inheritance disputes, protection of children's rights. at the time of inheritance, harmonization of inheritance law in different legal systems, as well as changes in practice and public awareness.

Share this knowledge with your friends :

Actions (login required)

View Item