Asep Fu’ad, Aden Rosadi, Usep Saepullah, Husain

Politik Hukum Pengaturan Ahli Waris Pengganti dalam Pasal 185 Kompilasi Hukum Islam: Analisis Normatif dan Implikasinya Terhadap Sistem Kewarisan di Indonesia

Introduction

Politik hukum pengaturan ahli waris pengganti dalam pasal 185 kompilasi hukum islam: analisis normatif dan implikasinya terhadap sistem kewarisan di indonesia. Mengkaji politik hukum ahli waris pengganti (Pasal 185 KHI) dan implikasinya terhadap sistem kewarisan di Indonesia. Upaya mencapai keadilan sosial meski ada tantangan penerimaan masyarakat.

Abstract

This research aims to analyze the concept of substitute heirs in Article 185 of the Compilation of Islamic Law (KHI) and its implications for the inheritance system in Indonesia. This research uses a normative juridical method with a legal political approach. This approach is used to explore the legal and policy background behind the arrangement of substitute heirs in KHI. The results show that although classical Islamic law, especially the Syafi'i school, does not recognize the concept of substitute heirs, KHI adopts a more inclusive approach. Article 185 of the KHI grants inheritance rights to descendants of heirs who have died before the testator, which is a political legal effort to achieve social justice in the context of Indonesian inheritance. Although this arrangement aims to create social justice, findings show that there are challenges in its acceptance in the community. Many Indonesians still hold strong customs and traditional understandings in the inheritance system. Therefore, more intensive socialization is needed to bridge the gap between the positive law and the local community's understanding of the prevailing inheritance system.

Review

This paper undertakes a critical analysis of the legal politics behind the regulation of substitute heirs (Ahli Waris Pengganti) in Article 185 of the Compilation of Islamic Law (KHI) within the Indonesian context. The research skillfully employs a normative juridical method combined with a legal political approach, which is crucial for unraveling the policy considerations and background underpinning this specific legal provision. The topic is highly relevant, addressing a fundamental aspect of inheritance law that directly impacts social justice and community perceptions, particularly in a diverse legal landscape like Indonesia. The core finding reveals a deliberate divergence in Article 185 KHI from classical Islamic law, particularly the Syafi'i school, which traditionally does not recognize the concept of substitute heirs. The KHI's adoption of an inclusive approach, granting inheritance rights to descendants of pre-deceased heirs, is rightly identified as a significant legal political effort aimed at achieving social justice. However, the study does not shy away from highlighting the practical challenges encountered, specifically the gap between this progressive positive law and the deeply entrenched traditional customs and understandings prevalent within Indonesian society, which often resist such innovations. Ultimately, the paper underscores the tension between statutory legal reform and societal acceptance. While the KHI's provision for substitute heirs represents a commendable move towards greater equity and social justice in inheritance, its implementation faces hurdles rooted in communal adherence to established customs. The recommendation for more intensive socialization is therefore pertinent and essential, bridging the divide between legal intent and practical application. This research offers valuable insights into the ongoing dynamics of Islamic law reform in Indonesia, making a significant contribution to understanding its normative underpinnings and socio-legal implications.

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