Publication Search

80,083 articles from 753 journals · 2,111 citations tracked

Showing 181-200 of 206

Analytics

Shally Fiqih Alvani; Muhammad Al Mansur; Nova Arianti

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance law is actually the law of passing on wealth from one generation to its descendants.

Siti Nur Setia Rahman; Muh. Amin Dali; Suslianto Suslianto

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The problems raised in this research are (1) whether the inheritance distribution according to decision number: 0548/Pdt.G/2016/PA.Gtlo has been realized on yulianti boki while the barrier is still alive? (2) how do judges mediate the inheritance case number: 0548/Pdt.G/2016/PA.Gtlo in the Gorontalo religious court? This research aimed to determine the realization of the decision number: 0548/Pdt.G/2016/PA.Gtlo on the distribution of inheritance to Yuliyanti Boki, the heir of the Mahjub. To analyze how judges mediate inheritance disputes through decision number: 0548/Pdt.G/2016/PA.Gtlo at the Gorontalo Religious Court, this type of research is field research, namely field observations of the object being studied in order to obtain data that is relevant to matters relating to the problems studied and which focuses on the results of data collection from informants who have been determined, namely the judges of the Gorontalo Religious Court. The judge’s decision showed that Yuliyanti Pakaya was not the primary heir but the mahjub heir who was not entitled to receive the inheritance. However, Yuliyanti Pakaya was still given the distribution of inheritance by the primary heirs voluntarily through the results of mediation conducted by the Gorontalo Religious Court judges.

Habibah Zulaiha

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

These are designed to identify and test the differences of two groups or more. Studies are conducted to compare a variable, between different subjects and different times and find causal links. Concerning the lawyer as legal aid, or a law service to a community or a client who faces the legal problems that are sorely needed as society grows in awareness of the law and the complexity of legal matters. The purpose of this study is to know the normative juridical analysis on the settling of inheritance disputes district court at Kediri City (lawyer's service comparison study and without lawyer's service). The focus of the problem in this study is that what role uses a lawyer’s service and without the lawyer’s service in the process of ending inheritance at Kediri City district court. What are some obstacles using a lawyer’s service and without a lawyer’s service in the process of ending inheritance at Kediri City district court. The research method uses a normative juridical research. In this method, a consideration of the research specialty includes a descriptive analysis that sets out discussion of the study for obtaining legal certainty associated with a lawyer’s service and without the lawyer’s service with his clients, linked to the rules of law and civil law practice and inheritance. The country with a majority moeslem heir according to Islamic doctrine is also written in section 176-185 of KHI (compilation of Islamic law). Some important items of inheritance are listed in the chapters of this law. An advice for the community, before taking a decision to use the lawyer’s service, the client must be good at choosing the lawyer’s service whether it is according to the procedure or vice versa. If it is understandable and correct so that there are no misconceptions of perception that can hurt the society, for some mistakes of taking a decision using the lawyer’s service.  

Dwi Kasih Maharani Taib; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The aim of this research is to find out the juridical review and legal consequences for the distribution of inheritance to adopted children regardless of the position of the main heir. The method used is empirical juridical research with primary data obtained in the field and secondary data through literature studies and related regulations. The results of this study indicate that based on article 171 letter (c) KHI who becomes an heir must have a blood relationship with the heir, not being hindered by law to become an heir and article 209 paragraph (2) KHI for adopted children who do not receive a will is given a mandatory will 1/3 of the heir's inheritance. However, the facts on the ground are not in accordance with the provisions above, in fact the heir gives more inheritance to the adopted child than the main heir on the grounds that groups 2, 3, and 4 do not object, then the second heir states that the adopted child is older than his biological child. This reduces and closes the share of legal heirs. In adopting a child, it is done in the best interest of the child based on local customs and applicable laws and regulations. This fulfills the elements of article 39 paragraph (1) and article 171 letter (h) KHI. There are three legal consequences of the distribution of inheritance to adopted children, namely: 1) The distribution of inheritance has not been fulfilled in Article 209 paragraph (2) KHI 2) The rights and obligations have been fulfilled for adopted children according to Article 171 letter (h) KHI. However, the adopted child is constrained in terms of legitieme portie cannot sue the position of the main heir 3) Lineage relations, the adoptive parents have severed the lineage relationship of the adopted child with his biological parents where he uses the surname of his adoptive father. This contradicts QS-Al Ahzab: 4 and 5 and does not fulfill article 39 paragraph (2).

Muhammad Furqon; Kerwanto Kerwanto; Muh. Adlan Nawawi

Student Scientific Creativity Journal 2023 Pusat Riset dan Inovasi Nasional

Women are often identified with a beauty, as is the case in the selection of the language style of the Qur'an. The diction used by the Qur'an in visualizing women, starting from their creation, association with an angel, as well as the description of their physical characteristics show how noble and honorable they are. The glory of the woman is a symbol of liberation from dehumanization and discrimination against women in jahiliyah and a form of human equality in the eyes of Allah Swt. The purpose of this study was to determine the concept of text interpretation in comprehensively interpreting women and to know the comparison of the formulation of classical interpretation and modern interpretation of the existence of women in the Qur'an and to know what the formulation of intertextuality of the verses visualizing women. The method in this study uses library research that focuses on library data, which are primary sources to classical commentaries and works of Nasr Hamid Abu Zayd as one of the figures of "hermeneutics of liberation" and other secondary sources. The results of this study concluded related agrumen Nashr Hamid Abu Zayd regarding the Qur'an is a cultural product, the author is more inclined to the opinion of Quraish Shihab, that the Qur'an is kalâmullah, not a creature. The concept of interpretation of the text of Nasr Hamid Abu Zayd in reading the verses visualizing women in the Qur'an is to do a more in-depth reading by prioritizing objectivity and considering the historical and socio-cultural facts from which the text of the Qur'an was revealed. This study has implications in reconstructing the pattern of inheritance relay understandings of women in the verses visualization of women who tend to the interpretation and understanding of patriarchal bias.

Siti Rahmah; Hamdan Khairul Mubarak; Muhammad Al Mansur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In the Civil Code concerning civil inheritance law it is classified as one of the aspects of civil law which has the basic meaning contained therein, namely to regulate but there is no element of demand in this matter. Whatever the heir does to his property before he dies is his power, and that is part of the civil law that is regulatory. Inheritance law is the law that controls the locking of inheritance that is freed because the owner has died, and its effect on the person entitled to receive the inheritance. There are two ways to obtain inheritance, namely: based on statutory provisions or ab intestato wettelijk erfrecht, and appointed in a will or testamentair erfrecht). The problem is how to implement the absolute portion (legitime portie) of the heirs of various groups according to civil law laws. This paper uses library research methods in the form of books, scientific journals, magazines, and so on. legitieme fortie (absolute part) is part of the inheritance or inheritance which must be divided among the heirs in a straight line downwards and upwards, and regarding which part the heirs prevent from deciding something either in the form of a grant (gift) or in the form of a testamentary grant (Article 913 KHU civil). Asser Meyyers argues about inheritance law in the Netherlands page 148 explaining that the purpose of legimie portie is to avoid and protect the heir from the desire that arises for the heir to benefit other people.

Agung Yuliyanto Nugroho; Annisa Fikria Shimbun

ISAINTEK: Jurnal Informasi, Sains dan Teknologi 2023 Politeknik Negeri FakFak

Land ownership disputes are one of the legal and social problems that often occur in various countries, including in Indonesia. These disputes generally arise due to ambiguity or inaccuracies in the administration of land ownership. One of the main causes of this dispute is the absence of a letter or proof of legal land ownership, in addition to this can occur in the distribution of inheritance caused by internal factors, such as parental grants to prospective heirs, but it is unfair and not accompanied by a grant deed, married couples (as prospective heirs) who do not have children or descendants,  the greed of the heirs, the incomprehension of the heirs, the mistake in upholding the siri' and the delay in the distribution of inheritance. The WEBGIS-Based Land Inventory System makes it easier for village or district government officials to record land ownership so that the increase in fulfillment of leter C is reduced, the process of searching and changing data does not take long and the public can find out land information along with the history of ownership transfer shown on the online map.

Falah Sabirin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.  

Salim Alidrus; Nur Mohamad Kasim; Waode Mustika

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research aims to provide knowledge to the community regarding the limitations for adopted children, especially in terms of inheritance, so that the community is not wrong in providing knowledge about adopted children. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and customary law, while secondary data is in the form of legal theories and norms as well as other supporting data obtained from literature, documentation and biographies. All of these data are materials to describe an overview of Islamic law regarding inheritance for adopted children in the perspective of customary law.                Based on the results of the research, it turns out that the Indigenous people of the city of Gorontalo, in giving their inheritance to adopted children, carry out the provisions of Islamic inheritance law and some carry out customary inheritance law. For people who implement Islamic law, the adopted child does not get an inheritance but gets assets in the form of a mandatory testament and may not exceed 1/3 of the assets left behind, while for people who use Javanese customary law they determine their own in accordance with the agreement in the deliberations of experts the heir concerned. It is better for people who adhere to Javanese customs to be given knowledge about Islamic inheritance law.

Nurul Jumadissaniyah Sitorus; Dedi Masri; M. Alfiansyah; Nor Azwa

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This journal reviews the problems that occurred in Pulau Rakyat District regarding the marital law contained in surah An-Nisa' verses 7.8 and 11.12. 'Ulumul Qur'an as one of the sciences in the study of the Qur'an has been well established since the 7th-9th century Hijriyah. Munasabah science (knowledge of the relationship between one sura/verse and another sura/verse) is part of the 'ulumul qur-an. This knowledge is quite urgent in order to make all the verses of the Qur'an as a unified whole. Starting from Az-Zarqashi's opinion that the Koran is not a word that was revealed by accident, by accident, and without a specific goal and purpose. Thus, every use and arrangement of words, construction of verses and surahs (munasabah) and the transition of themes contained therein have the power of the concept as a complete sentence. By using a qualitative research method that focuses on search libraries, the problem that is being discussed in this research becomes a complex matter. Where also presenting resource persons who know in this field. The population in this study are residents who lack knowledge of inheritance law. The results of the research data are presented in a descriptive form. The result is that 10 out of 12 samples have many problems related to inheritance law.  

Herli Antoni

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Marriage between two people who have different religions is prohibited by almost all religions in Indonesia. Even though efforts have been made to obtain legal marital status, when a marriage is carried out, it is still obligatory to pay attention to Article 2 of Law Number 1 of 1974 concerning Marriage. The existence of an official registration in the form of a marriage certificate cannot be overlooked, because without it, marriages that are valid but not registered will not be recognized by the State. Marriage without legal recognition certainly has legal consequences, especially if it involves partners with different religions. This can create significant legal problems for husbands, wives and third parties, including the inheritance rights of children born in the marriage. The existence of a legal marriage is the basis of rights and obligations between husband and wife. The existence of a legally valid marriage and offspring born from a legal marriage are crucial to protecting the wife's rights regarding joint living and property. This is because, as stipulated in Article 43 Paragraph (1) of the Marriage Law, children born from illegitimate marriages only have legal ties with their mothers.

Ella Putri Permatasari; Nur Fira Amalia Fabrianti; Qutrotu Salsabila; Muhammad Zalfa Roqiqo Abada

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

As a manifestation of mutual respect and an attitude of living in harmony, it is important to resolve land conflicts through a fair distribution of inheritance. Equitable distribution of inheritance is a process of distributing assets and land rights proportionally according to the needs and contributions of each party involved. Equitable distribution will create social justice and reduce injustice that may occur, so as to reduce conflict, one of which is by means of mediation. Equitable distribution of inheritance can also help develop communities and increase economic well-being. Also intended to eliminate feelings of resentment due to disputes that arise. By means of mediation, it is hoped that this family spirit will be maintained so that a harmonious and peaceful life can be created.

Sahruli Sahruli

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

This study aims to determine the increase in student learning outcomes after using learning media based on the android application "Heritage Calculator". Based on the results of student learning in the previous school year, it was seen that the learning outcomes were low, especially in rosette material. Therefore the authors conducted classroom action research using learning media based on the Android application "Inheritance Calculator". Mawaris learning is fiqh science material that requires accuracy and numeracy skills, so that students are able to apply each part of the heir according to predetermined rules. This study uses action research which consists of two cycles with four steps: planning, implementing, observing and reflecting. The subjects of this study were students of class 9A for the 2022/2023 school year. The research data were obtained from the results of formative tests and observation sheets. From the analysis of student learning outcomes about rose material, it was obtained an increase in learning outcomes from before, namely 62.50% in cycle 1 to 100% in cycle 2 of students who had exceeded the minimum completeness score (KKM) or increased 37.50% with an average learning outcome 73.63 in cycle 1 to 88.17 in cycle 2 or an increase of 14.53 points. The conclusion from this study is that scientific learning using learning media based on the android application "inheritance calculator" can improve student learning outcomes in the science subject in class 9A class 9A MTs Al-Ma'arif Rancalutung.

Yulies Tiena Masriani; Markus Suryoutomo; Tiara Eldawati

Perigel: Jurnal Penyuluhan Masyarakat Indonesia 2023 Universitas 17 Agustus 1945 Semarang

Inheritance division is a law that regulates the division of property left by someone who has died. This law is to fight for justice for everyone who is entitled to receive inheritance. The law of inheritance division plays a role in regulating how to transfer inheritance from someone who has died to the living, both regarding the inheritance, the people who are entitled to receive, the part that is entitled to be received, and how to settle the division of property. This activity is very necessary for the community, especially for community groups who do not have much access to legal information. This activity is expected to create peace of life and a harmonious family atmosphere. Sharia is the highest source of law that must be obeyed. Sharia itself was revealed for the good of Muslims and provides a solution that best suits the character and character of each human being. Sharia is the highest law that must be obeyed and accepted sincerely.

I Wayan Andhika Widiantara; Eko Nursanty; Wawan Destiawan; Krismawanti Krismawanti

Jurnal Masyarakat Mengabdi Nusantara 2022 STIPAS Tahasak Danum Pambelum Keuskupan Palangkaraya

Heritage buildings are not only concerned with the shape and design of heritage that has been passed down from one generation to the next. The materials and technologies used are part of the inheritance of objects and intangibles that help strengthen the authenticity in a heritage work. This activity is a collaboration between the heritage community in Semarang City and Manilla City who visited Semarang. This activity aims to understand the authenticity of a heritage architectural work through material and technological elements in Asia through a comparison of similar works in the cities of Semarang and Philippine. The results of this activity are expected to be able to find a picture of authenticity in several examples of traditional architectural works in Asia and provide alternatives for the formation of place identities both in the city of Semarang and Manila.

Rr. Chantika Vebyola Wijaya; Dedo Indra Pratama; Adib Yanuar Gunawan; Wiwin Yulianingsih

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The inheritance law itself is part of the civil law and the smallest part of the family law. The customary law inheritance system includes 3 (three) patterns, namely patrilineal, matrilineal, and parental. One of the tribes that still applies customary inheritance law is the Talang Mamak Tribe. This research explores the application of the inheritance of the Talang Mamak Tribe in the customary inheritance system in Indonesia and its legal consequences in terms of aspects of Indonesian civil law. This research is of a normative juridical type using a statutory debate approach and a concept approach. The secondary data used comes from literature studies with analytical descriptive analytical methods. The result of the research obtained by Penilis is that most of the Talang Mamak people are known to have converted to Islam. The traditional inheritance of the Talang Mamak Tribe basically uses a matrilineal system, where the heirs are daughters. The role of Ninik amak and the daughter here is to be the ruler or controller of the inheritance and the custodian of all the brothers of the wife including the sons. According to Article 105 and Article 109 of the Civil Code, this is inversely proportional to the position of women who are classified as legally incompetent. The inheritance system in the Talang Mamak Tribe should be given legal protection by the government specifically.     Keywords: , , ,

Devinia Yuri Safira; Inda Rachmawati; Imeylda Nabiila T

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This journal writing was conducted to discuss the topic of Islamic Inheritance Law, especially in terms of transferring assets through a mandatory will. This study uses normative juridical and empirical juridical methods with data in the form of secondary data. This research has the result that KHI (Compilation of Islamic Law), as a rational formulation of Islamic Inheritance Law, has practically explained the rules of Obligatory wills. Obligatory wills in KHI are an alternative in giving inheritance to adopted children. Then in the development of inheritance law in court institutions, in this case the Supreme Court of the Republic of Indonesia, actually made the Obligatory will as a way to provide inheritance shares for heirs of different religions. The obligatory testament rules as an alternative to the transfer of rights to the wealth of non-Muslim heirs must still pay attention to the principles. The Supreme Court of the Republic of Indonesia has expanded Article 209 KHI by adding parties that can receive a mandatory will, including heirs who are prevented from inheriting because they are non-Muslims.

Diana Anisya Fitri Suhartono; Naysha Nur Azizah; Claressia Sirikiet Wibisono

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The development of the era, which has experienced many changes from time to time, does not necessarily change the heritage that exists in the lives of people in Indonesia. The evolution of generation does not cause changes to the legacy system that exists in Indonesia. In the Civil Code, there are 3 principles that describe heirs who are entitled to and can obtain inheritance distribution according to the Civil Code inheritance system. The legacy of the heir can not only be in the form of valuable assets, but can also be tangible objects, intangible objects or just a testamentary message conveyed. In life in society, the division of inheritance creates conflict between families which causes the division of one family. In dealing with inheritance problems that will cause conflict between families, the government allows lawsuits related to this inheritance. The Civil Code regulates the principles governing heirs, namely the personal principle, the bilateral principle and the principle of equalization. In addition to regulating these 3 principles, the Civil Code also regulates the elements included in the law of inheritance, namely there are heirs, heirs and also inherited assets as assets that will be delegated by the heir to the heirs. Heirs are also classified into 4 groups, namely Group I, Group II, Group III, and group 4. In addition, the Civil Code also regulates the absolute share of assets in inheritance. This research will use a normative legal research method that uses literature review as an effort to find the required data. Reviewing legal documents that focus on Legislation.

Attahariq T.P; Azizul Hakim .C

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

Customary law is one of the important sources of law in the development of national law which leads to statutory regulations. Bugis tribe is one of the four tribes in South Sulawesi. In the case of inheritance, Bugis tribe recognizes parental kinship system. One of the core elements of customary law for the development of national inheritance law is customary inheritance law. The research results show that the distribution of inheritance to the Bugis community is carried out in three ways:grants, testament or last testament and testament, and after the testator dies.  

Wassar, Sarah

REDOMINATE : Jurnal Teologi dan Pendidikan Agama Kristiani 2022 Sekolah Tinggi Teologia Kerusso Indonesia

Every believer who wants to experience God in daily life in making important and less important decisions, both consciously and unconsciously. The message that was conveyed was that a man by grace made the decision to redeem and renew a lost inheritance, and pure love removed all difficulties. The method used to explain the meaning of redemption in the book of Ruth is a literature study in the form of a literature study. Through the description of the literature review, the author finds the results of several biblical reviews of the concept of redemption in the book of Ruth.