Perbandingan Hukum Tanggung Jawab Ahli Waris Terhadap Warisan Berupa Utang di Tinjau dari Hukum Islam dan KUH Perdata di Indonesia

Abstract

Inheritance is one of the issues in family law, inheritance becomes a prolonged conflict in a family if there is no agreement, choice of law and clear division of the assets of the deceased. Different legal rules and different understandings of inheritance distribution can trigger family conflict. A person must have knowledge of inheritance itself. Almost all literature discusses inheritance related to assets, but we rarely find matters related to responsibility for the heir's debts or refusal to inherit assets. The obligations of the heirs relate to taking care of the corpse, managing the assets, and finally the heir's debts. The description of this matter is what makes the author interested in writing articles related to this matter, the issue is whether there is a clear Islamic legal basis regarding this matter, the regulatory aspects of inheritance receivables in Indonesia and whether there is an implementation of decisions regarding inheritance receivables that already exist in Indonesia. Method What the author uses in writing this journal is a normative legal research method by analyzing the comparative application of Islamic law and civil law rules to the issue of inheritance receivables and analyzing the implications of decisions relating to inheritance. This research was conducted with the hope of providing input in the development of family and inheritance law, especially in relation to inheritance receivables.