Perlindungan Hukum terhadap Hak Waris Istri dari Perkawinan Kedua (Studi Kasus : Putusan Nomor 23/Pdt.G/2022/Pa.Pst)

Abstract

A second marriage conducted after the death of the first wife often leads to disputes over the distribution of inheritance, especially when the deceased leavesbehind children from the first marriage. In practice, the wife from the secondmarriage frequently faces rejection of her rights as an heir, even though the marriage is legally and religiously valid. This issue gives rise to conflicts within the extended family and creates legal uncertainty, particularly concerning joint property and the inheritance rights of the second wife. This thesis examines the issue of legal protection for the wife from a second marriage in inheritance disputes based on the case study of Decision Number 23/Pdt.G/2022/PA.Pst. The research problems formulated in this thesis include: (1) What is the legal status of joint property acquired during the second marriage from the perspective of Islamic law? (2) How is legal protection afforded to the wife in the second marriage in inheritance disputes under Islamic inheritance law? (3) What legal considerations were used by the judge in resolving the inheritance rights dispute of the wife from the second marriage in Decision Number 23/Pdt.G/2022/PA.Pst? This research employs a normative juridical approach with a descriptive character. The legal materials used include primary legal sources such as legislation, the Compilation of Islamic Law, and Decision Number 23/Pdt.G/2022/PA.Pst, as well as secondary legal materials such as literature, academic journals, and expert legal opinions. The research approach includes statutory and analytical approaches. The findings indicate that a wife from a second marriage has a legitimate legal standing as an heir, provided that the marriage is officially registered and the disputed property was proven to have been acquired during the course of the marriage. However, in practice, legal protection for the second wife is often hindered by a lack of evidence of joint ownership, social stigma, and opposition from the deceased's children from the first marriage. In Decision Number 23/Pdt.G/2022/PA.Pst, the panel of judges considered the legality of the marriage, the status ofthe property (whether premarital or jointly acquired), the time of acquisition, the evidence presented, and the principle of justice in determining inheritance rights. Consequently, the wife from the second marriageis entitled to a share of the joint property and inheritance.