Koresponden_Inheritance Dispute Resolution against Substitute Heirs: Analyzing Supreme Court’s Decision Number 185 K/Ag/2009

Problems arise regarding the struggle for inheritance, particularly when an heir feels that s/he
has received the inheritance fairly, or there is disagreement between heirs on the inheritance
law. Often grandchildren feel that their rights as substitute heirs have not been fulfilled, and
they approach local Religious Court to claim their inheritance rights. The current study
discusses a case of substitute inheritance where grandchildren attempt to obtain substitute
inheritance for a property. The focus of the study was the Supreme Court's decision Number
185 K/AG/2009. A normative juridical approach method was used and analytical and
descriptive techniques were adopted to examine the facts of this qualitative study. Secondary
data sources were used to collect data from legal archives, libraries and data bases. Primary
data was also collected through informal discussion with the Law officials. The study
highlights how a religions court recognized grandchildren as legal heirs (substitute heirs) and
permitted them to replace the previous heirs, who were their parents. The study describes how
the substitute heirs made efforts to conduct initial consultations or mediation with the parties.
When they did not succeed, they filed a lawsuit in the Religious Court, in accordance with Law
Number 3 of 2006 and the Judge's consideration at the Supreme Court level in deciding the
case Number 185/K/Ag/2009. The case was also filed with reference to Article 185 of the
Compilation of Islamic Law which stated that a child can replace the position of his parents
who died first as a substitute heir provided that the portion received did not exceed the share
of the heirs equal to the heirs being replaced. The verdict was not accepted by the Defendants
and a cassation was filed in the supreme court. This study will prove to be a good reference
study and would serve as a precedence in similar cases