PERBANDINGAN PEMBAGIAN HARTA WARIS Menurut Hukum Waris Islam Dan Hukum Waris Adat Jawa
ABSTRACT One of the form of legal ownership and confirmed by God is heir. In daily life, the problem of heir frequently becomes susceptible problems with dispute and sometimes can trigger a conflict and generates the crack of relation between member of family, namely the other heirs and also member because of not understand and also lack of understanding of the parties in the law of division of the heir, beside of greed and greed a man. God in Al-Qur'an detailly regulates and explains about division of heritage, as in An-Nisa' verse: 7-12, verse 33 and verse 176. Allah which extremely wise doesn't neglect and doesn't disregard the rights every heirs with equitable order and perfection. God determines the right every heirs dispassionately and full of wisdom. Because, property is life enforcer either for individual and also the group of public. The hereditary law applies in Indonesia until now is still have not uniformity. Besides there is division of heir property according to Islamic hereditary law and there is also division of heir property according to Indonesia hereditary law ( civil law) and customary hereditary law applied. Though Indonesia society there is assorted of customary law, hence every different area in applying the hereditary law, because Indonesia there is a real having immeasurable customary law, so this research is more leads to Javanese customary law. Namely Javanese customary law embraces the term sepikul segendongan, namely boy obtains the right twofold of daughter. The Principal of sepikul is still many implemented by public especially in java ( East Java). The principal of segendongan means between men and woman obtains the same heir rights, but their division is different, the side of men which assumed to has role and responsibility is larger ones obtains more than woman. From research result which has been done is knowable that in comparising of division of heir property according to Islamic hereditary law and customary hereditary law there are some striking differences and equation. The difference is namely endowment process. In customary law, endowment process can be done at the time of heirs is still life. Death of heir is not be compulsion, because division of property can be done during the life. During the heirs is life, heir sometimes has done resumption and transfer or custom position, custom rights and properties possession to heir. In Islamic hereditary law, endowment applied when there are someone is passing away. The similarity of division of heir according to Islamic hereditary law and java customary hereditary law namely heritage that property is in a state of cleanness. It means, the property has been reduced with payments of debt and all something obligations of heir which has not have time during his life. While about the term of segendong, this thing is there is possibility that customary law has adopted Islamic hereditary law. However the principal of sepikul segendong in Javanese customary hereditary law explains unlike 1:2 in Islamic hereditary law. Islamic Law has many influencing the customary law, so, both having tightly relationship. However not all part of Islamic law is acceptable by customary law. The certain parts which acceptable by customary law, that is especially part of human life that is in character person which its the relationship is tightly with trust and inner life, the example is heir. This thing is because of religion is carrying out of spirit where customary law swimmingly can be entered and influenced by religion law.