Fitriyati, Yusida and Zuhdi, M. (2020) RIGHTS AND OBLIGATIONS OF THE GUARDIANS TO THE INHERITANCE OF MENTAL DISABLED CHILDREN. NURANI (Jurnal Kajian Syariah dan Masyarakat), 20 (2). pp. 179-186. ISSN 2460-9102 ISSN (Online): 1693-8437 ISSN (Print)
|
Text
obligation inheritence, Jurnal Nurani Vol 20 No 2 Des 2020.pdf Download (97kB) | Preview |
Abstract
The law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism? This research is a library research with the data source used is secondary data. Collected data was analyzed using qualitative descriptive method with deductive conclusion. The result is the legal guardian rights based on positive law, cultural and global to the inheritance of mentally disabled children, which they have the power and freedom to manage the inheritance and get benefits from it. Meanwhile, the responsibility of the guardian based on positive law, culturally and globally for the inheritance of mentally disabled children, is the responsibility for managing the assets by doing their best and being responsible for their losses.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Guardian, Inheritance, Mentally Disabled Children |
| Subjects: | Syariah dan Hukum > Hukum Keluarga Islam |
| Divisions: | Fakultas Syariah dan Hukum > 74230 - Hukum Keluarga Islam (Ahwal Syakhshiyyah) |
| Depositing User: | YUSIDA FITRIYATI 197709152007102001 |
| Date Deposited: | 05 Apr 2023 01:31 |
| Last Modified: | 05 Apr 2023 01:31 |
| URI: | http://repository.radenfatah.ac.id/id/eprint/26254 |
Actions (login required)
 |
View Item |