IMPLEMENTASI WASIAT WAJIBAH TERHADAP ANAK YANG BERBEDA AGAMA = IMPLEMENTATION OF COMPULSORY BEQUEST FOR CHILDREN OF DIFFERENT RELIGIONS

This research aims to determine the position of giving mandatory wills to children of different religions. The determination of certain shares for children of other faiths through a compulsory will has become a discourse in the legal field because there are no firm regulations regarding this matter. So, it is studied through Islamic legal instruments and a compilation of Islamic law related to implementing obligatory wills for children of different religions. This research uses empirical legal research methods with research locations at the Makassar Religious Court, the Makassar Religious High Court, and the Supreme Court of the Republic of Indonesia, which uses primary data and secondary data collected using interview techniques and document studies and literature studies. The result of this research is that the implementation of obligatory wills for children of different religions is seen from the perspective of the Compilation of Islamic Law, namely that an heir is a person who, at the time of death, has a blood or marital relationship with the testator, is Muslim and is not prevented by law from becoming an heir. This arrangement provides limitations for children of different religions, where in several court decisions, there are differences regarding mandatory will cases related to children of other faiths. In its implementation, there are no regulations that explicitly and explicitly contain mandatory wills. Even though there are different opinions, the decision number is 71/Pdt.P/2015/PA.MKS is by applicable legal reasoning and provides values of justice, benefit, and certainty to achieve legal objectives. The judge's decision in this case is a legal breakthrough. Children of different religions get certain sections without being hindered by the requirements of being of other faiths

Keyword : Compulsory Wills; Heirs; Different Religions