Toll Construction In Aceh Called Munculkan Banyak Sengketa Waris Di Pengadilan

Illustration - Workers repair the site of the ship's tsunami disaster tourist attraction on top of the house in Gampong (Village) Lampulo, Banda Aceh, Aceh. (ANTARA PHOTO/Irwansyah Putra)

BANDA ACEH - Syar'iyah Court (MS) Jantho Aceh Besar stated that the land for the former tsunami and the construction of the Aceh toll road still cause many legal disputes for heirs in court.

"That the land used for the tsunami and the construction of toll roads in Aceh still cause many inheritance disputes in court," said MS Jantho Aceh Besar Chairman Muhammad Redha Valevi as reported by ANTARA, Monday, August 21.

The problem is prominent in the discussion of the Supreme Court's program regarding inheritance law entitled the existence and development of Islamic heirs law as well as the technique for handling inheritance cases, in Aceh Besar.

Valevi said that Aceh had been hit by the 2004 tsunami which resulted in the loss of several inheritance levels, and caused an ongoing debate to this day.

"The fact is that many inheritance cases go to the Jan Those Sharia Court every year," he said.

In addition, said Valevi, the construction of toll roads in Aceh has also caused inheritance disputes in the community.

The cases of inheritance handled by MS Jantho in the last four years from 2020 to 2023 reached 49 disputes. Among them in 2020 and 2021, 12 cases each, then 2022 with 18 cases and as of August 2023 there have been 7 cases of inheritance.

"Many cases have been found, it is the generation that inherited it, which has been lost due to the tsunami and the Aceh conflict. So there needs to be an excavation of evidence by the judge again," said Valevi.

Meanwhile, the Chief Justice of the Aceh Syar'iyah Court, Rafi'uddin, said that the settlement of inheritance cases contained many problems. For example, from heirs, inheritance, and inheritance distribution.

In terms of heirs, he said, his party is often deceived because the applicant does not enter all the heirs' data, so there is inequality, and makes a case unacceptable even though it can be submitted again.

"So things like that if outsiders say we are unfair, even though we don't have enough data or evidence given," said Rafi'uddin.

The Supreme Court Justice, Edi Riadi said that the inheritance law did not stop in the fiqh and legislation. But also have to see the sense of justice of the community.

"Because it is a mandate from the Law on Judicial Power which states that judges must consider the laws that live in society," said Edi.

According to him, judges must always be fast and anticipatory towards legal developments or a sense of justice that grows in society, because the most important step a judge takes is to uphold justice.

"If there is a law that people feel is inappropriate, we are given the authority by Allah to leave the law," said Edi Riadi.