Constructing Sustainable Justice in Indonesia: Judges' Legal Considerations in Grant and Inheritance Disputes

Abstract

Inheritance and gift disputes, common in Indonesia, often lead to social tension and legal uncertainty. The decisions made by the courts in these cases have significant implications for the parties involved and the realization of substantive justice in society. This article analyzes the construction of judges' legal reasoning in resolving inheritance and gift disputes from a sustainable justice perspective. The research method used is a normative juridical approach, analyzing court decisions, positive legal provisions, and relevant Islamic and customary legal principles. The research findings indicate that an ideal judge's legal reasoning should integrate legal certainty, substantive justice, humanitarian values, and social sustainability. This integration will not only strengthen the legitimacy of court decisions and prevent structural injustice but also has the potential to significantly influence the development of responsive national law, offering hope for a more just legal system.