Analisis Hak Waris Anak dari Perkawinan dengan Istri Terdahulu ( Studi Putusan PA No. 4723/Pdt.G/2023/PA.Sby )

Abstract

This study aims to analyze the legal aspects of inheritance for children born from a previous marriage, focusing on the Religious Court Decision number 4723/Pdt.D/2023/PA.Sby as a case study. In the context of Islamic inheritance law and positive law in Indonesia, the distribution of inheritance for children from a previous marriage often raises normative and practical issues, particularly concerning the rights of the children and the obligations of heirs. The research method used is a normative juridical study with an analysis approach on the court decision. The results indicate that the Religious Court decision emphasizes the principles of justice and equality of children’s rights in inheritance distribution, in accordance with applicable legal provisions. This study is expected to provide a deeper understanding of the protection of inheritance rights of children from previous marriages and serve as a reference for legal practitioners and academics in handling similar cases.

Keywords: inheritance law, children, marriage, religious court decision, inheritance rights