Giri Menang Religious Court Decision No. 220 of 2013: Inheritance Claim Accepted

Amaq Soekalam din Daiman passed away circa-1970. His mother and father (Daiman and Sekrasip) had pre-deceased him, and his wife, Rakisah, passed away circa-1975. Amaq Soekalam and Rakisah had five children:

  1. Nurisam bin Soekalam (passed away circa-1971);
  2. Nuriasip bin Soekalam (first defendant);
  3. Nuriadim bin Soekalam (first plaintiff);
  4. Sukardip bin Soekalam (second plaintiff);
  5. Nuriadip bin Soekalam (passed away circa-2003), married to Inaq Nuriadip, had five children:
  6. Sadli bin Nuriadip (third plaintiff);
  7. Lux bin Nuriadip (fourth plaintiff);
  8. Heli bin Nuriadip (fifth plaintiff);
  9. Herul bin Nuriadip (sixth plaintiff);
  10. Purni bin Nuriadip (seventh plaintiff).

Amaq Soekalam left behind a plot of land (500m2) upon which was situated a semi-permanent structure (2 x 7m2), as well as a plantation (21,000m2). In 1965, he gave the plantation to Amaq Juni to develop, pursuant to an agreement that they would share the spoils. In 1982, however, a request was made that the plantation be registered by Badan Pertanahan Nasional - Lombok Barat (National Land Body - West Lombok) via the government asset legalisation process PRONA (Proyek Operasi Nasional Agraria - National Agrarian Operations Project), in order that a deed of title for the plantation could be issued. That deed of title was incorrectly issued in Amaq Juni's name, rather than Amaq Soekalam's, leading the plaintiffs to argue that it had no legal effect.

Circa-2006, Amaq Juni passed away and the land came into the possession of his wife (Inaq Uni) and children (second-sixth defendants). The plaintiffs claimed that, while Amaq Soekalam was alive, he both worked on the plantation and maintained possession of it. After he passed away, however, Amaq Juni came into possession of the plantation and had a deed of title issued in his name. After Amaq Juni's passing, the plantation came into the possession of the second-sixth defendants. The plaintiffs sought from the court an order that the plantation be divided between Amaq Soekalam's worthy beneficiaries, and that a caveat be placed on the plantation to preclude the defendants from dealing with the plantation in a manner adverse to the plaintiffs' interests. In addition, they requested that the other property be divided in accordance with Islamic inheritance laws (hukum faraid).

The court acceded to the plaintiffs' request insofar as it ordered the second-sixth defendants to transfer to the plaintiffs the plantation. The court ordered that it be divided between the plaintiffs pursuant to hukum faraid, specifically stipulating the share to which each beneficiary was entitled.

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