Analisis Yuridis Kekuatan Pembuktian Wasiat Lisan dan Tertulis Menurut Hukum Islam (Studi Putusan Pengadilan Agama Nomor 154/Pdt.G/2024/Pa.Pra)

Abstract

The Kompilasi Hukum Islam (KHI) recognizes both written and oral wills, provided that oral wills are delivered in the presence of two witnesses. The core issue in this study lies in the conflict between the validity of oral wills under Islamic Law and the formal evidentiary requirements in court proceedings, particularly when a will is addressed to one heir and therefore requires consent from the other heirs. The case analysis shows that although oral wills are theoretically permissible, the absence of supporting evidence-especially written documentation or strong witness testimony--regarding the content of the will and the consent of other heirs resulted in the claim being rejected. This is illustrated in the will dispute adjudicated in Religious Court Decision Number 154/Pdt.G/2024/PA.Pra. The problems examined in this thesis include: (1) How evidentiary rules regarding oral and written wills are regulated under Islamic Law and the Indonesian Civil Code; (2) How the evidentiary strength of oral and written wills is assessed under the procedural law of religious courts; and (3) How the judges considered and determined the case in Decision Number 154/Pdt.G/2024/PA.Pra. This research employs a normative juridical method with a descriptive-analytical approach. The data sources consist of secondary data obtained through literature review and document study as the primary data collection techniques, which were subsequently analyzed using a deductive reasoning framework to draw conclusions. The findings indicate that under Islamic Law, a will may be made orally or in writing as long as it fulfills the pillars and requirements stipulated in Articles 194-196 of the KHI. However, in evidentiary practice, oral wills possess weak legal force because they rely heavily on witness testimony, whereas written wills--particularly those executed in the form of an authentic notarial deed-have perfect evidentiary strength pursuant to Article 1870 of the Indonesian Civil Code. In Decision Number 154/Pdt.G/2024/PA.Pra, the panel of judges rejected the Plaintiff's claim based on an alleged oral will due to the absence of written evidence or legally valid witness testimony under civil procedural law. Therefore, executing a will in written form through an authentic deed is considered a legal protection mechanism that ensures legal certainty and fairness for the parties while minimizing future inheritance disputes.