Understanding the Complexity of Polygamy Marriages and Inheritance Distribution

Oct 13, 2025 by sorusgentrification.com 134 views

Juridical Analysis of Making Heir Certificate for Polygamy Marriage: Case Study of Medan Religious Court Decision Number 314/Pdt.G/2014/PA.Mdn

The distribution of inheritance becomes complicated when involving polygamy marriages. Often, problems arise related to the validity of the heir certificate (SKAW) issued by the authorities. This happens because the SKAW is an important document in the process of distributing heritage. The SKAW contains the identity of the heirs and becomes the legal basis in the management of inheritance.

Understanding the Complexity of Polygamy Marriages and Inheritance Distribution

Polygamy marriages involve multiple wives and children, which can lead to complex inheritance distribution. The SKAW is a crucial document that determines the identity of the heirs and their share of the inheritance. However, the process of making the SKAW is often unclear and vulnerable to disputes. This article will analyze juridically about making the SKAW for polygamy marriages, by taking a case study of the Medan Religious Court's decision number 314/Pdt.G/2014/PA.Mdn.

Background of the Problem

Problems arise because the making of the SKAW is still based on three classification, without special rules. This makes the process of making the SKAW unclear and vulnerable to disputes. The SKAW made under the hand, was passed by the lurahs without in-depth research, only referring to the Family Card. As a result, it is unknown to the exact number of heirs.

Analysis and Discussion

1. SKAW Making Competency for Polygamy Marriage

Until now, there has been no specific arrangement regarding the making of the SKAW, especially for polygamy marriages. This causes confusion because the making of the SKAW is still distinguished based on three classification, without a clear standard.

2. Responsibility of the Authorized Official

If there is a dispute related to the SKAW, the authorized official can be held accountable in three aspects:

*** State Administration: *** Authorized officials can revise or cancel the SKAW issued if there are errors. *** Civil: *** Officials can be prosecuted civilly if it is proven that there is an element of loss caused by other parties. *** Criminal: *** Officials can be prosecuted if it is proven to order fake information into an authentic deed.

3. Legal Considerations for Judges Religious Courts

The Religious Court has the authority to examine, decide, and resolve inheritance disputes for Muslims. Religious Court judges have legal considerations in deciding SKAW cases, including:

**Marriage Validity: *** Judges will examine the validity of polygamy marriage in accordance with Islamic law provisions. *** Clarity of Heirs: *** Hakim will ensure the identity and relationship of the heirs with the heir in accordance with the law of Islamic inheritance. *** The Existence of a Will: *** Hakim will check whether there is a will that has not been carried out by the heir.

Solutions and Recommendations

To overcome this problem, here are some solutions and recommendations:

*** The Unification of Authority: *** SKAW Making should be handed over to one agency, so that the process is more structured and guaranteed. *** Role of Religious Courts: *** SKAW should be made by the Religious Court in the form of a judge's decision or determination. This gives a stronger legal force as perfect evidence. *** Improving the Quality of Human Resources: *** Improving the quality of human resources in agencies related to making SKAW is very important to minimize errors in the expenditure of the SKAW.

Conclusion

Making a SKAW for polygamy marriages is a complex issue that requires serious attention. It is important to create a SKAW making system that is transparent, fair, and easily accessible for all parties. The Religious Court has a vital role in resolving inheritance disputes, including related to the SKAW in polygamy marriages. With the application of the right solutions and recommendations, it is expected to create a SKAW making system that is more effective and integrity.

Recommendations for Future Research

This article highlights the importance of creating a clear and structured SKAW making system for polygamy marriages. Future research should focus on:

*** Developing a clear and specific arrangement regarding the making of the SKAW for polygamy marriages. *** Improving the quality of human resources in agencies related to making SKAW. *** Enhancing the role of Religious Courts in resolving inheritance disputes related to the SKAW in polygamy marriages.

By addressing these issues, it is expected to create a more effective and integrity SKAW making system for polygamy marriages.

Limitations of the Study

This study has some limitations, including:

*** The study only focuses on the case study of the Medan Religious Court's decision number 314/Pdt.G/2014/PA.Mdn. *** The study does not cover all aspects of the SKAW making system for polygamy marriages. *** The study relies on secondary data and does not conduct primary research.

Despite these limitations, this study provides valuable insights into the complexity of polygamy marriages and inheritance distribution. It highlights the importance of creating a clear and structured SKAW making system for polygamy marriages.

Implications of the Study

This study has several implications for:

*** The government: *** The government should develop a clear and specific arrangement regarding the making of the SKAW for polygamy marriages. *** The Religious Courts: *** The Religious Courts should enhance their role in resolving inheritance disputes related to the SKAW in polygamy marriages. *** The agencies related to making SKAW: *** The agencies related to making SKAW should improve the quality of human resources to minimize errors in the expenditure of the SKAW.

By addressing these implications, it is expected to create a more effective and integrity SKAW making system for polygamy marriages.

Future Directions

This study provides a foundation for future research on the SKAW making system for polygamy marriages. Future research should focus on:

By addressing these issues, it is expected to create a more effective and integrity SKAW making system for polygamy marriages.
Frequently Asked Questions (FAQs) about Juridical Analysis of Making Heir Certificate for Polygamy Marriage

This article aims to provide answers to frequently asked questions (FAQs) about the juridical analysis of making heir certificate (SKAW) for polygamy marriage. The FAQs are based on the case study of the Medan Religious Court's decision number 314/Pdt.G/2014/PA.Mdn.

Q: What is the SKAW and why is it important?

A: The SKAW is an important document in the process of distributing heritage. It contains the identity of the heirs and becomes the legal basis in the management of inheritance.

Q: Who has the authority to make a SKAW for polygamy marriages?

A: Until now, there has been no specific arrangement regarding the making of the SKAW, especially for polygamy marriages. This causes confusion because the making of the SKAW is still distinguished based on three classification, without a clear standard.

Q: What is the responsibility of the authorized official in issuing a SKAW in the event of a dispute?

A: If there is a dispute related to the SKAW, the authorized official can be held accountable in three aspects:

Q: What is the legal consideration of the Judge of the Religious Court in deciding the case related to the SKAW in the Polygamy Marriage?

A: The Religious Court has the authority to examine, decide, and resolve inheritance disputes for Muslims. Religious Court judges have legal considerations in deciding SKAW cases, including:

Q: What are the solutions and recommendations to overcome the problem of making SKAW for polygamy marriages?

A: To overcome this problem, here are some solutions and recommendations:

Q: What are the implications of this study for the government, Religious Courts, and agencies related to making SKAW?

A: This study has several implications for:

Q: What are the future directions for research on the SKAW making system for polygamy marriages?

A: Future research should focus on:

By addressing these issues, it is expected to create a more effective and integrity SKAW making system for polygamy marriages.