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Sarah Wassar

REDOMINATE : Jurnal Teologi dan Pendidikan Agama Kristiani 2025 Sekolah Tinggi Teologia Kerusso Indonesia

AbstractEvery believer who wants to experience God in daily life in making important and less importantdecisions, both consciously and unconsciously. The message that was conveyed was that a man bygrace made the decision to redeem and renew a lost inheritance, and pure love removed alldifficulties. The method used to explain the meaning of redemption in the book of Ruth is a literaturestudy in the form of a literature study. Through the description of the literature review, the authorfinds the results of several biblical reviews of the concept of redemption in the book of Ruth.

Fitria Wahyu Ningrum

Nikah siri is a marriage conducted without official state registration, resulting in significant legal implications for women and children. Religiously, this type of marriage is considered valid; however, from the perspective of state law, the lack of official registration causes women to lose their rights as wives, such as financial support, inheritance rights, and legal protection within the household. Additionally, women in nikah siri marriages do not have a strong legal basis to file for divorce or claim their rights in court. Meanwhile, children born from nikah siri marriages only have a civil relationship with their mother, making it difficult for them to obtain a birth certificate that includes their father's name, inheritances, and rights to care and education from their father. This study aims to analyze the impact of nikah siri on women's and children's rights from a legal perspective and examine the role of itsbat nikah as a legal instrument in providing certainty and protection for affected women and children. This research employs a literature study method with content analysis of various legal texts and related regulations. The findings indicate that the absence of official registration for nikah siri leads to legal uncertainty, resulting in the loss of various rights for women and children. Itsbat nikah serves as a crucial solution to provide legal recognition and protection for those affected. Therefore, official marriage registration is essential to prevent various legal issues that could harm women and children within Indonesia’s legal system.

Muhammad Imamulhikmi; Susilowati Suparto; Kilkoda Agus Saleh

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Nominee agreements provide a way for foreigners to own land in Indonesia by using the name of an Indonesian citizen on the land certificate. The Indonesian citizen in the Nominee Agreement dies. The land used as an object in the Nominee Agreement is one of the inheritance assets to the legal heirs. The results showed that the disputed land should have fallen to the state, even though the heirs were legitimate heirs to inherit the property rights to the disputed land.  

Rizaldy N. Mokoagow; Nur M. Kasim; Mohammad Rivaldi Moha; Zambroni Abdussamad; Abdul Hamid Tome

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Early marriage is a crucial issue in Indonesia, including in Tombolikat Village, which is often not registered at the Office of Religious Affairs (KUA). This study aims to identify the process of early marriage in Tombolikat Village and analyze the legal implications of unregistered early marriages. The research method used is empirical legal research with a qualitative approach. The results showed that early marriage in Tombolikat Village is still prevalent due to social, economic and cultural factors. Marriage that is not registered with the KUA results in no legal protection for the parties involved, especially women and children. The legal implications include difficulties in managing children's birth certificates, inheritance rights, and the potential for domestic violence without adequate access to legal protection. More intensive outreach and collaboration between village governments, religious leaders, and the community are needed to reduce the rate of early marriage and ensure that every marriage is officially recorded for legal certainty and protection of citizens' rights.

Asep Mustopa

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The practice of unregistered marriage (nikah siri) remains prevalent in Indonesia and raises serious legal issues, particularly for women as the most disadvantaged party. This study aims to juridically analyze the provisions of the Compilation of Islamic Law (KHI) relating to nikah siri and to identify its implications for the fulfillment of women's civil rights. This study employs a normative legal research method with statutory, conceptual, and case approaches, analyzing primary, secondary, and tertiary legal materials descriptively and analytically. The results reveal three main findings: first, the KHI contains a fundamental normative tension between the recognition of the religious validity of nikah siri under Articles 4 and 14 KHI and the provision of Article 6 paragraph (2) KHI which affirms that marriages conducted outside the supervision of the Marriage Registrar have no legal force; second, this normative tension demonstrably harms women by resulting in the loss of rights to maintenance, marital property, inheritance, divorce claims, and other legal protections, as well as affecting the status of children treated as illegitimate under Article 43 paragraph (1) of the Marriage Law jo. Article 100 KHI; third, the itsbat nikah mechanism under Article 7 KHI as an instrument for restoring civil rights has not been able to serve as a comprehensive solution due to normative limitations and contradictions with SEMA Number 3 of 2018. This study concludes that comprehensive and gender-just regulatory reform is needed to strengthen legal protection for women within Indonesia's Islamic family law system.

Ajeng Lestyarindi; Sri Astutik; Nur Handayati

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This research aims to analyze the resolution of disputes over the division of inheritance between children carried out through deliberation and to analyze and identify the resolution of disputes over the division of inheritance between children carried out through deliberation. This research is included in the type of empirical legal research which is also known as empirical legal research or empirical legal research. The results of this research can be imperative or formal. Non-doctrinal research on law can produce new theories regarding the results of this research can be imperative or formal. Non-doctrinal research on law can produce new theories regarding the existence and function of law in society, as well as changes that may occur in the process of social change.The results of the research are the deliberation process in dividing inheritance through 3 stages or steps. First stage: Settlement of inheritance disputes is carried out internally between the heirs through family deliberations; Second stage: If the family deliberation does not reach an agreement, the deliberation leader can bring the dispute to the Head of the Hamlet or village government; Third stage: If the deliberation led by the village head does not produce an agreement or decision, the dispute is returned to the heirs to determine the next step. The success of the deliberation process is influenced by internal factors, such as openness and good intentions of the disputing parties, as well as external factors, such as the presence of a mediator and support from the social environment.

Atikah Rakhmawati; Dinda Nasya Atin; Tegar Catur Kurniawan

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Islamic education plays an important role in providing a deeper understanding of sharia family law to the community. This article reviews the concept of sharia family law, including marriage, divorce, and inheritance, and how Islamic education can be an instrument to improve the community's understanding of these issues. This study also identifies challenges in the implementation of sharia family law materials in Islamic educational institutions.

Jhon Alwi Situngkir

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Compilation of Islamic Law consists of three books, namely book I on marriage, book II on inheritance, book III on endowments explained in Article 83. The Compilation of Islamic Law requires wives to organize household affairs is discrimination against gender, domestication of women causes unproductivity and marginalization of women from their essence as human beings. Fulfillment of political, economic, citizenship, education rights, and roles in the household must be fulfilled. And the division of husband and wife roles in the public and domestic environments is carried out through deliberation which leads to gender role justice. Gender justice in the household can be realized as long as men (husbands) can treat their wives and children fairly.

Nimrot Frare; Luh Ketut Ayu Manik Sastrini; Ni Made Witari Dewi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.

Asri Sabrina Koto; Siti Aini

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article examines marriage law as a form of uniformity and legal certainty. However, there are still differing views among Islamic scholars (fuqaha) regarding the position of witnesses in marriage. In light of this, the author is interested in discussing the role of marriage witnesses as one of the requirements for marriage according to the four fiqh schools of thought. This research employs a literature review method by collecting primary and secondary data from books, journals, and other legal regulations. The findings show that, according to the four fiqh schools, a marriage witness is an individual who clearly and certainly knows about the marriage event and is ready to provide evidence that can be held accountable if required by either party regarding the occurrence of the marriage. In the context of legal regulations, a marriage witness is recognized as one of the pillars of marriage, based on the view of the Shafi’i school. Two witnesses are the minimum requirement for marriage, and the purpose of having witnesses is to prevent the emergence of negative issues in society related to extramarital relationships. The presence of marriage witnesses also affirms the rights that arise after the marriage contract, such as the right to consultation, maintenance rights, and inheritance rights.

Nur Sa’adah Harahap; Nursania Dasopang

Jurnal Manajemen dan Pendidikan Agama Islam 2025 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

This study examines the issue of distributing inheritance rights in the context of religious differences among heirs, which is often a complex issue in Islamic law. In traditional fiqh, heirs of different religions are generally not entitled to receive a share of a Muslim's estate. However, the maqashid shari'ah approach, which focuses on the purpose and wisdom of shari'ah, opens up opportunities to reinterpret such rules in light of the principles of justice, beneficence and family harmony. This study aims to analyze how maqashid shari'ah can be applied to provide a solution to the issue of inheritance rights for heirs of different religions. Using normative research methods, this study identifies the relevance of maqashid shari'ah in maintaining social stability, avoiding conflict, and ensuring family welfare. One of the approaches discussed is the application of mandatory wills as a mechanism to provide financial rights to non-Muslim heirs without violating the basic principles of shari'ah. The results show that maqashid shari'ah offers flexibility in addressing contemporary challenges, including the issue of interfaith inheritance. This approach not only emphasizes the importance of maintaining family relationships, but also creates a balance between normative justice and the practical needs of modern society.Thus,maqashid shari'ah becomes a relevant framework to answer inheritance issues in the context of religious differences.  

Maharati, Dinda Devina

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The position of nephews as substitute heirs in inheriting inheritance often raises questions because they do not have direct blood relations with the testator. However, the Civil Code has regulated the provisions of inheritance by substitute heirs. This research examines what is meant as inherited property, how are the provisions of substitute heirs in the Civil Code, and what is the position of nephews as substitute heirs to inherited property. The purpose of this research is to provide an analysis related to the position of nephews as substitute heirs so that it can be a reference in the process of dividing the inheritance. This research uses normative research methods with a statutory approach. The results of the research show that the Civil Code has regulated and guaranteed that nephews as substitute heirs can have the right to receive inheritance from the testator.

Tsabita Az Zahra; Berliana Clara Bella; Arsya Ghaniyyah Hariyadi; Dita Nadya Anastasya; Romadhoni Nova Karisma +2 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages raise several issues and have impacts related to legal relationships. Such as citizenship, marriage agreements, divorce issues, custody rights for children born in mixed marriages and inheritance rights for children arising from these marriages. This research uses a normative doctrinal approach. Because in concept this research is sourced from written norms. Therefore, the research is carried out through the analysis of laws and regulations related to inheritance rights for children who have been born from mixed marriages. Therefore, the study carried out is only “limited” to the (written) laws and regulations related to the object under study. The results show that children born from mixed marriages also have legal protection. The existence of universal citizenship principles contained in Law No. 12/2006 on citizenship, such as the principle of ius sanguinis; determining the citizenship of a child from his descendants; the principle of ius soli, determining the citizenship of the child from his birthplace; the principle of single citizenship, emphasizing that every child can only have one citizenship; and the principle of dual citizenship, providing dual citizenship for every child in accordance with the decision of the Act.  

Arnold Paul Kurniawan Djae; I Nyoman Sukandia; I Wayan Kartika Jaya Utama

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Because there is a shift in the meaning of belis from a cultural tradition to something that is considered a burden and burdensome for men as the party who gives belis, this also causes the giving of belis to not be carried out in full before the marriage takes place. So from this it is very good to examine if the belis is not fully implemented whether the heirs' rights for the heirs will be obtained. Rather than this, this study uses an empirical legal research method by using a conceptual approach. Where the source of data for this research is obtained through primary data obtained through the results of interviews, observations and documentation. Secondary data is obtained through applicable laws and regulations. The data source is then analyzed with description techniques and legal discovery techniques in the field. The result of this study is that if the marriage status of the belis that has not been paid in full in Hambraping village, then the man will be obliged to prepare land and land for the woman who is in the village which is usually called Laku Longgamai which means that the woman is not allowed to visit the man's house and is only allowed once a month if the woman returns to her biological parents' house,  It is also not allowed to stay overnight and stay overnight.

Jeni Murni Gulo; Arismawati Halawa; Malik Bambangan

Sabar : Jurnal Pendidikan Agama Kristen dan Katolik 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This Abstract Outlines The Historical Role Of The Christian Church In Governance, Especially In The Western World. From Its Early Development, The Church Wielded Considerable Influence Over Social And Political Affairs, Particularly After Christianity Became The Official Religion Of The Roman Empire In The 4th Century. Beyond Its Religious Duties, The Church Served As A Powerful Social, Moral, And Legal Authority In Medieval Europe. Through Canon Law, It Governed Various Facets Of Societal Life, Including Marriage, Inheritance, And Social Norms, And Validated The Power Of Rulers Through The “Divine Right” Doctrine. However, The Protestant Reformation Of The 16th Century Marked A Major Shift, Promoting A Separation Of Church And State That Influenced The Rise Of Secular Governance Systems. The Protestant Church Championed Religious Freedom And Individual Autonomy, Foundations For Modern Pluralism And Democracy. In The Contemporary Era, While The Church’s Formal Governance Role Has Declined, It Remains A Moral Voice, Particularly On Social Issues, Justice, And Human Rights. This Study Concludes That The Church's Role In Governance Has Evolved From A Political And Legal Authority To A More Inclusive Moral And Social Role In A Progressively Secular Society.

Suharyono Paputungan; Roy Marthen Moonti; Ibrahim Ahmad

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of nikah siri and underage marriage in Indonesia reflects complex legal and social challenges. Although Law No. 1/1974 and its revision through Law No. 16/2019 have set the minimum age for marriage at 19 years, the practice remains widespread, particularly in rural areas. Nikah siri, which are not officially recorded, are often performed for economic reasons, ignorance of the law, or social pressure. As a result, couples and children from these marriages face legal uncertainty, such as difficulties in obtaining birth certificates, inheritance rights, and legal protection. This research uses normative legal research methods. Isbat nikah emerged as a solution to legalize unregistered marriages, including for underage couples. However, this mechanism poses a dilemma: on the one hand it provides legal protection for couples and children, but on the other hand it opens a loophole to legitimize child marriages that violate the principles of child protection and gender equality. The role of the Religious Affairs Office (KUA) and Religious Courts is crucial in enforcing the law and preventing abuse of isbat nikah. Through this research, it is recommended that regulations be tightened, communities educated and KUAs strengthened to ensure harmony between formal law and community needs, while still protecting children's rights.

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Fajar Luthfi Annashrul; Edghar Abdullah Albab; Eka Sari Nurliana

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Marriage is a relationship between two parties, namely the man and the woman. There are two types of marriage in Indonesia, namely legal marriage and unregistered marriage. This marriage that is not registered in the KUA is a hot issue in civil law, especially in the context of civil inheritance, where in the case of decision number 282 / PDT / 2016.PT. SMG, where there is a transfer of inheritance rights by the husband to the unregistered wife, then the legal wife sues the unregistered wife because it is considered not to have legal power or standing with decision number 282 / PDT / 2016.PT. SMG the legal wife wins in the lawsuit, thus the unregistered wife does not get an inheritance, therefore a study was made that can be studied using the normative method, a study that emphasizes the source of the writing comes from laws and literature reviews. This study aims to find out and examine the position of unregistered wives and legal wives in civil inheritance law and the legal status of unregistered wives in controlling inheritance in civil inheritance law.

Aulia Rahmah Dwiyanti; Zenita Delia Reviska; Salzabilla Cinta Aurellya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Every human being will experience death, and will leave his property to his heirs. Indonesia adheres to three inheritance law systems, namely Islamic inheritance law, customary inheritance law, and western inheritance law (Burgerlijk Watboek). Customary inheritance law is a hereditary belief that regulates the distribution of wealth, both material and immaterial, to heirs. Toraja society adheres to a patrilineal system in its customary inheritance law, where inheritance rights are inherited through the male lineage. The Toraja traditional inheritance system has two main concepts, namely pa'tallang and pa'rinding. Pa'tallang Refers to the process of dividing inherited assets based on sacrifices made by the heirs during the testator's lifetime. The greater the sacrifice made, the greater the inheritance rights obtained. Meanwhile, pa'rinding is related to animal sacrifice during death ceremonies, which is also a determining factor in the distribution of inheritance. The results of the research show that adopted children who are recognized by custom can receive almost the same inheritance as their biological children, especially if the deceased person does not have biological children. In addition, biological children who do not participate in this ceremony may face serious consequences in terms of their inheritance rights, which can lead to reduced rights or even loss of inheritance rights altogether.  

Tiena Masriani, Yulies

Perigel: Jurnal Penyuluhan Masyarakat Indonesia 2024 Universitas 17 Agustus 1945 Semarang

Indonesia, as a rule-of-law state (rechstaat), regulates the life of the nation and state based on law, as reflected in the provisions of civil law that govern relationships between individuals, including matters of inheritance. Inheritance distribution in Indonesia follows various legal systems, such as Islamic inheritance law, civil inheritance law, and customary law, each with different principles and rules. Inherited assets include a wide range of properties, such as movable and immovable assets, property rights, debts, money, businesses, and wills. In practice, the distribution of inheritance in Indonesia often involves an administrative process requiring a Certificate of Inheritance Rights (Surat Keterangan Hak Waris or SKHW) to verify who is entitled to inherit and the share each heir is entitled to receive. This study aims to educate the public, particularly customers of Bank Rakyat Indonesia, about inheritance law and the procedures involved. Additionally, the research highlights the crucial role of notaries as Land Deed Officials (Pejabat Pembuat Akta Tanah, PPAT) in the legalisation of inheritance ownership, particularly concerning the management of land certificates and other legal documents. Through community service conducted at the Bank Rakyat Indonesia (BRI) branch in Central Semarang, this study educates the public on inheritance rights and the role of notaries in ensuring the legal validity of inheritance distribution in accordance with applicable laws. Indonesia's plural inheritance law system provides flexibility in choosing the applicable legal system, whether Islamic law, civil law, or customary law. In the case of disputes, notaries play a role in resolving conflicts by creating peace agreements, cancellation deeds, or waivers of claim deeds. This study is expected to help the public better understand inheritance law and the role of notaries in ensuring that inheritance rights are distributed fairly and legally in accordance with the prevailing laws.