DISPARITAS PUTUSAN HAKIM TERKAIT KEDUDUKAN DANA ASURANSI JIWA KONVENSIONAL SEBAGAI SALAH SATU OBJEK SENGKETA DALAM PERKARA KEWARISAN ISLAM
Sakti Oktasari, Dr. Khotibul Umam, S.H., LL.M.
2025 | Tesis | S2 Magister Kenotariatan
The objectives of this research are to identify and analyze the basic considerations of Religious Court judge’s which give rise to disparities in judges decisions regarding the status of conventional life insurance funds as an object of dispute in Islamic inheritance cases. Then, examine and analyze the ideal status regarding conventional life insurance funds as an object of dispute in Islamic inheritance cases.
This research used a descriptive normative legal research method. Secondary data from literature reviews and primary data from interviews with sources relevant to the research topic were the types of data used in this research. Following data collection, qualitative techniques will be used to analyze the data and make descriptive-analytical data.
According to the findings of the research on this problem, first, judges of Religious Courts have different bases for their legal considerations when it comes to the status of conventional life insurance funds. In the Bima Religious Court Decision Number : 1014/Pdt.G/2017/PA.Bm, the judge determined that the life insurance funds were part of the community property because insurance premiums were paid from community property and there was no marriage agreement, while the Baubau Religious Court Decision Number : 0163/Pdt.G/2017/PA.Bb, determined that the life insurance funds were part of the inheritance because it accorded with the facts of the trial it was proven that there was a process of managing the disbursement of life insurance funds in the name of the testator. Regarding the Gorontalo Religious Court Decision Number : 0525/Pdt.G/2015/PA.Gtlo, the judge determined that the life insurance funds were part of the individual rights stipulated by the insurance policy rather than the inheritance. Secondly, the position of conventional life insurance funds as community property is considered more ideal than as inheritance or individual rights stated in the policy, because it can be seen that in several cases in this research the premiums were paid from community property.
Kata Kunci : Disparitas Putusan Hakim, Dana Asuransi Jiwa Konvensional, Kewarisan Islam.