Konstruksi Harmonisasi antara Wasiat Wajibah yang ditetapkan melalui Putusan Peradilan Agama dan Wasiat Notariil yang melampaui Sepertiga Tirkah: Kajian Hukum Normatif

Abstract

This study aims to analyze the construction of legal harmonization between obligatory bequests (wasiat wajibah) established through Religious Court decisions and notarial wills (wasiat notariil) that exceed one-third of the net estate (tirkah), specifically in determining the legal relationship between the two instruments and ensuring legal certainty in estate distribution. This issue arises because the Compilation of Islamic Law (Kompilasi Hukum Islam or KHI) regulates the execution limits of ordinary bequests and wasiat wajibah under separate provisions, yet fails to explicitly establish a combined calculation mechanism or priority of execution when both intersect within the same tirkah. This study employs a normative legal research method utilizing statutory, case, and conceptual approaches. Legal materials are analyzed qualitatively through systematic interpretation of the provisions of the KHI, regulations governing the office of notary, laws on judicial power, and relevant court decisions. The findings indicate that harmonizing the two instruments cannot be resolved merely by assuming that the one-third limit must always be applied either cumulatively or separately. Instead, the assessment must account for the composition of the tirkah, the legal basis of the beneficiaries' entitlements, the validity and nature of each instrument, the consent of the heirs, and the substance and scope of the court decision. Consequently, this study proposes a normative harmonization framework structured through five sequential stages: determining the net tirkah, examining the validity of the instruments, testing the bequest threshold, assessing the enforceability of the judicial decision, and evaluating the feasibility of executing both instruments consistently. Given that the analyzed court decisions do not directly address all configurations of this normative conflict, the proposed construction serves as an analytical model whose application remains contingent upon the specific facts and applicable legal provisions of concrete cases.

Keywords: wasiat wajibah, notarial will, tirkah, legal harmonization, Islamic inheritance law