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Neneng Tripuspita

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Culture is a product of human knowledge as social beings, that knowledge is not obtained through genetic inheritance in the human body, but is obtained through the position of humans as social beings which is an experience through a learning process.It is in this context that the research was conducted to see how indigenous peoples as a minority group internalize their cultural values ​​into cohesive values ​​and reflect their strong character. The indigenous peoples in Pulo Village, Cangkuang Village, Leles District, Garut Regency, West Java Province, are a group of indigenous people who continue to internalize and preserve traditional values ​​into the character of their community members. This type of research uses a qualitative approach with an ethnographic type, namely research conducted in certain indigenous communities. The objectives to be achieved in this research are to briefly describe the internalization of cultural values ​​of the traditional village communities that can be promoted as the basis for forming the character of the Indonesian nation and internalizing organizational values. Based on the analysis of various facts related to Pulo village, it can be concluded that cultural values ​​can use the values ​​of local wisdom that develop in the community in a comprehensive manner capable of providing data in shaping legal culture and forming strong characters in upholding culture. This helps the community in developing such culture-based laws.

Nabilla Rahmadhani; Fanny Putri Natasya; Jihan Nurfajrina Radhwa

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Batak Toba is a tribe with strong customs in Indonesia. One of the applicable values ​​and norms is regarding the process of dividing inheritance among descendants. The existence of male descendants in Toba Batak society is very important to continue the clan. However, not all family members have male offspring. So, the tradition of buying clan (manuhor clan) emerged to overcome this. This phenomenon gives rise to differences in the distribution of inheritance for biological male descendants and male descendants of the clan. This writing provides an understanding of the legal review of the process of dividing customary inheritance for biological male descendants and sons belonging to the clan in Batak Toba. This problem will be studied using normative methods with the perspective of Toba Batak traditional inheritance law through legal studies, journals and research that has been carried out by previous researchers. This writing discusses the implementation of inheritance distribution between biological sons and sons who bear the clan in Batak Toba based on previous research analysis and community customs. The originality of this research explains the role of customary inheritance law that applies in the Toba Batak community in the process of dividing inheritance between biological sons and sons of the clan by showing the similarities and differences that occur.    

Ni’matul Fauziyah S. A. P; Krisnajaya Farhan Saputra; Syalaizha Febtria Putri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia is regulated by Law Number 1 of 1974 which requires implementation according to religious law, but interfaith marriages often cause problems, especially in inheritance rights. Indonesia recognizes three inheritance law systems: Islamic, civil, and customary, which regulate inheritance differently. Children from interfaith marriages often face inheritance obstacles, especially if there are differences of faith between the testator and the heirs. Several court decisions provide inheritance rights through a mandatory will, but are limited to one-third of the inheritance. Existing solutions include preparing a clear will, mediating disputes, and involving a notary to validate documents. A comprehensive approach through legal education and collaboration between the government, non-governmental organizations, and the community is needed to provide legal certainty and justice for children from interfaith marriages.

Dinda Putri Hasanah; Hanifah Hanifah; Royhana Safitri; Sri Mei Ulfani; Wismanto Wismanto

Nian Tana Sikka : Jurnal ilmiah Mahasiswa 2024 Fakultas Ekonomi & Bisnis, Universitas Nusa Nipa

This article discusses the application of faraidh principles in the context of contemporary society, focusing on the challenges and solutions faced in inheritance distribution. The background of this research is based on the need to understand how the Islamic inheritance system can function amidst changing social dynamics, including the influence of local culture and gender inequality. The purpose of the study is to explore the community's understanding of faraidh, as well as to identify factors that influence the practice of inheritance distribution. The method used in this study is a qualitative method with a library research approach. The results of the study indicate that many individuals still have a knowledge gap regarding their rights in the faraidh system, which often results in inheritance. In addition, the influence of patriarchal culture and the weakness of formal education regarding inheritance law also contribute to injustice in the distribution of property. This study recommends the need for better education, the use of technology to access information, and collaboration between various parties to improve the understanding and application of faraidh principles. With these steps, the hope of justice in inheritance distribution can be realized effectively in society.

Nadia Faizah Putri Devina; Era Titis Cahya Rani; Alanda Aldora Lamandiri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inheritance law in Indonesia has three directions, namely customary law, civil law and Islamic law. This journal article discusses one of the inheritance laws, namely customary inheritance law. The writing of this journal article aims to examine how the protection and process of obtaining inheritance rights for women in Balinese Hindu customary society, which adheres to the patrilineal system. The research method used is a normative legal research method with two approaches, namely a statutory approach and a conceptual approach. Data collection uses doctrinal which is by examining, analyzing and identifying knowledge contained in reading sources in the form of reference books, journals or previous research as research support. Based on the results of the study, it shows that under customary inheritance law, women are generally not entitled to inherit property, but only enjoy the inheritance of parents or husbands. However, they can obtain inheritance rights through grants, marital gifts (jiwa dana), or changing their status to male (sentana rajeg).

Nanda Eka Prasetya; Mira Diva Prasyanti; Miskha Ainun Nisa

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research discusses the position of a siri wife as an heir based on a will from the perspective of Islamic inheritance law. According to the context of Islamic law, the position of an unregistered wife is often a problem, especially in relation to the inheritance rights that she should receive. This research aims to examine how wills can affect the inheritance rights of siri wives. The method used is literature study with analysis using data collection techniques through literature study or document study, which is the most appropriate method for normative legal research. The research results show that even though the siri wife is not recognized as a legal wife in the context of positive law, the will made by the husband can give the siri wife inheritance rights. However, this recognition depends on the intention and clarity in the preparation of the will. It is hoped that this research can provide a better understanding of the rights of unregistered wives in the Islamic inheritance system and encourage the need for reform in inheritance law regulations in Indonesia to create justice for all parties.

Rafha Adha Abiyutama; Arif Septian Marta; Rafif Weno Putra; Muhammad Haikal; Robby Ichsan +2 more

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Law that is just and in line with social values adopted by society. This role is increasingly relevant in facing modern challenges, where understanding and application of the teachings of the Qur'an have an important role in the formation of legal norms in Muslim society. As a holy book, the Qur'an provides moral and ethical guidelines that form the basis for the Islamic legal system. Through its various verses, the Qur'an establishes the principles of justice, goodness, and social responsibility that influence individual behavior and interactions between members of society. The purpose of this study is to explore the values of Islamic law related to the role of the Qur'an in the formation of legal norms. The method used in this study is a qualitative method, by making books, magazines, articles and journals related to the research theme to collect data, then codify it, and then describe it in this article. The results of this study indicate that the application of Islamic law is largely determined by the Qur'an and Sunnah. Laws taken from sources other than the Qur'an and Sunnah will not last long, because the law is made by humans. So that potentially whoever is in power is the one who determines the law. In addition, the Qur'an also provides concrete rules regarding aspects of life, such as marriage, inheritance, and crime, which are then interpreted and applied in the context of sharia law. Thus, the Qur'an not only functions as a spiritual source, but also as a basis for the formation of norms that need to be adjusted to social dynamics and developing legal needs.

Syafrida Ayu Sari; Zainal Efendi Hsb

Bhinneka: Jurnal Bintang Pendidikan dan Bahasa 2024 Universitas Palan

The division of inheritance is a crucial process carried out after someone passes away to manage the assets left behind, involving the testator, heirs, and the inherited property. In Islamic law, this division is regulated based on the Quran and Hadith with the aim of preventing disputes among heirs. This process must comply with the applicable legal requirements, including Law No. 3 of 2006 on religious courts. This research employs a qualitative descriptive approach by collecting data from the works of scholars in the field of uṣūl fiqh. The findings explain the definitions and divisions of dzawil furudh, ashabah, and dzawil arham, as well as the proportion of inheritance shares determined by Islamic law, such as half (1/2), one-quarter (1/4), and two-thirds (2/3). Wise management of inherited assets is essential to fulfill family responsibilities and avoid legal violations.

Samriadin Samriadin

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

Inheritance distribution in Islam is one of the legal aspects regulated in detail in the Qur'an, hadith, and fiqh. Islamic inheritance law aims to provide justice and order in the distribution of a person's inheritance after death. This discussion is not only limited to the rights and obligations of heirs, but also includes dispute resolution mechanisms in various social and cultural contexts. In practice, inheritance problems from Muslims also intersect with non-Muslims, which can give rise to different perceptions among heirs or children of heirs who are not included in the heir group but receive a mandatory will in accordance with the provisions of positive law in relation to the distribution of inheritance of Muslims. In this study, the problem raised is how is the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents, a case study of the Tigaraksa Religious Court decision Number: 1657/Pdt.G/2020/PA.Tgrs dated November 25, 2020. The purpose of this study was to determine the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents. The results of the study showed that even though they do not have the status of heirs, non-Muslim children of the testator receive a mandatory testamentary share from the inheritance of their deceased parents (Heir) which does not exceed the share of the smallest heir or is equal to the share of the inheritance of a daughter. The inheritance is reduced by the testator's debt and is then divided into two parts, part of which is the joint property of the Heir and his wife, then the inheritance rights and mandatory testamentary rights are divided.

Anggi Wicaksono; Zainal Arifin Hosein

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.

Bunga Aldila Putri; Fandhika Al Khairi; Yusuf Taufiqurahman; Yuanita Fatma Anisa F; Deni Kurniawan

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The meeting of foreign elements resulted from a relationship between foreign citizens (WNA) and Indonesian citizens (WNI) which resulted in the occurrence of International Private Law. Until now, the problem that can occur due to the existence of these two elements is regarding the status of children from extramarital relationships between foreigners and Indonesian citizens. This will happen because there are many considerations regarding the child's status, such as the laws of the country where the child was born and the laws of the country where both parents come from. There are a number of countries that adopt the jus soli principle, which means that the child will be considered a citizen of the country where he was born. This is different from other countries that apply the jus sanguinis principle, which means that the child will obtain citizenship status from one or both parents, regardless of where the child was born. Seeing this problem, this research discusses the status of the child if this occurs because a relationship is not registered as a marriage relationship. Then there is another discussion regarding the distribution of inheritance if the marriage relationship is not recorded. In this research, the method applied is the normative juridical method by looking at existing data and presenting it descriptively. It is hoped that with this research readers will be able to understand and add information related to the research.  

Latifah Latifah

AL-MUSTAQBAL: Jurnal Agama Islam 2024 STIKes Ibnu Sina Ajibarang

Education plays a crucial role in optimally developing and directing students' potential. In the current educational context, learning outcomes are assessed based on students' abilities to solve problems, reason, communicate, and demonstrate knowledge and attitudes. However, preliminary studies at MAN 1 Banjarmasin revealed that only 62.85% of the XI Agama class students met the Minimum Completeness Criteria (KKM) of 75 in Fiqh subjects, while the rest failed. This study aimed to improve learning outcomes in the topic of Mawaris by using an Android-based learning media, the "Kalkulator Waris" application. This Classroom Action Research (CAR) was conducted through two cycles following the model proposed by Arikunto, comprising planning, action, observation, and reflection phases. In the first cycle, the average student score was 73.63 with a 62.85% success rate. After refining the learning process, the second cycle showed significant improvement: the average score rose to 88.17, and all students (100%) achieved mastery. The use of the "Kalkulator Waris" application facilitated students’ understanding of complex inheritance calculations, enhanced learning engagement, and fostered a more active, creative, and problem-solving learning environment. The findings suggest that appropriate use of Android-based educational applications can significantly enhance learning outcomes, particularly in complex subjects like Islamic inheritance law.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Aulia Rahmanur Safitri; Muhammad Wahyu Nur Ristianto; Safira Mufida Azmi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study examines the impact of nationality on civil legal status in mixed marriages, particularly in Indonesia and several other countries. Mixed marriages, involving two individuals of different nationalities, often present complex legal issues, especially concerning property ownership, inheritance rights, and the nationality of children. In Indonesia, foreign nationals face various restrictions regarding land and property ownership, and there are temporary provisions for dual nationality for children born from mixed marriages. In a global context, differences between countries following jus soli and jus sanguinis principles also affect the status of children and inheritance rights. This research uses a comparative approach by analyzing civil law regulations in countries such as the United States, the United Kingdom, Japan, and Saudi Arabia. The findings show that Indonesia’s civil law system requires reforms to be more accommodating to the globalization phenomenon and the increasing number of cross-national marriages. Recommendations include harmonizing national regulations with international law, implementing more flexible dual nationality policies, and strengthening protections for the rights of mixed couples in property ownership and inheritance.

Ajis Supangat

jurnal Riset Rumpun Agama dan Filsafat 2024 Pusat Riset dan Inovasi Nasional

This study examines the position of Islamic inheritance law within Indonesia’s pluralistic national legal system, where Islamic inheritance law exists alongside customary inheritance law and Western civil inheritance law. The focus of the study is on the implementation of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) as positive law in the settlement of inheritance cases for Muslims within the jurisdiction of the Religious Courts. Using a literature and documentation-based research approach, this study presents findings that, although KHI has become a normative guideline, its implementation in the field still faces various challenges, such as the public’s limited understanding of Islamic inheritance law, the strong influence of customary law, and the lack of administrative documents. Furthermore, the ununified legal pluralism results in different inheritance practices across regions. The findings indicate that judges in the Religious Courts tend to apply the provisions of the KHI consistently particularly Articles 171–214 while still taking into account local cultural contexts to maintain family harmony. This article recommends the importance of Islamic inheritance law education, strengthening the harmonization among legal systems, and encouraging the unification of national inheritance law to achieve legal certainty and justice comprehensively.  

Anugrah Septrianta Sitepu; Jefrizal Shadli Karo-Karo; Rosmalinda Rosmalinda

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

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

Rasi Dewinta Berutu; Harisan Boni Firmando; Wensdy Sitindaon; Roida Lumbantobing; Elvri Teresia Simbolon

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study is entitled the distribution of inheritance in the Pakpak community in Sukamakmur Village. Gunung Meriah District, Aceh Singkil Regency, namely the distribution of inheritance in the past and present communities with the aim of knowing 1) The shift that occurred in the distribution of inheritance in the Pakpak community in Sukamakmur Village. 2) The factors behind the shift in the distribution of inheritance in the Pakpak community in Sukamakmur Village. The method used in this study is a descriptive qualitative research method, to understand what phenomena are experienced by the research subjects holistically, namely by describing them in words and language, based on the findings in the field. The results of the study show that the distribution of inheritance in the Pakpak community in Sukamakmur Village has shifted where in the past, the community in implementing inheritance drew a patrilineal system which drew the father's lineage so that the inheritance that was entitled and became the heir of the son so that parents prioritized sons in inheritance while if the Pakpak community drew a patrilineal lineage, of course the position and even the rights of daughters to get it were very non-existent, while at present the Pakpak community in Sukamakmur Village parents provide opportunities so that parents on average give their property to their daughters. Now the Pakpak community carries out inheritance in the past parents were required to present Kula-kula, Senina, Berru but what happened in the village was that some people no longer followed to present these three, in that community only distributed inheritance among themselves between parents and children only

Junaidi Junaidi; Muhaddis Muhaddis; Dicky Armanda; Taufik Gunawan

Jurnal MIMBAR ADMINISTRASI 2024 Universitas 17 Agustus 1945

Custom and Customary Law are basically complementary laws, and are part of the national legal system, in relation to each other subject to laws and regulations and also subject to the provisions of Customary Law. The purpose of this study is to describe the effectiveness of Aceh Qanun Number 9 of 2008 in resolving disputes at the level of Ulee Blang Mane Village, Banda SaktiDistrict, Lhokseumawe City. This study uses a qualitative research method that is descriptive in nature by using techniques to obtain data through observation, interviews, and documentation. This study used 12 informants who were determined purposively consisting of Geuchik, Village Officials, Customary Figures and the parties to the case (household disputes, division of inheritance and disputes between neighbors) in Ulee Blang Mane Village, District, Lhokseumawe City. The results of the study explain that Aceh Qanun Number 9 of 2008 in resolving disputes at the Gampong Jawa Lhokseumawe level, Banda Sakti District, Lhokseumawe City has not been implemented properly.

Lediyana Br Kaban; Suheri Harahap; Ahmed Fernanda Desky

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the shift in social values in the inheritance rights of Karo Muslim women in Lingga Culture Village, Karo Regency. This research uses qualitative research and descriptive method. Information was collected through observation, in-depth interviews with traditional leaders, religious leaders, and Karo Muslim family members and documentation. The findings of the study reveal that there is a significant change in the distribution of inheritance rights of Karo Muslim women, from previously not getting their share to now being more fair and equal. The patriarchal culture in Karo society places men at a higher level than women. The Lingga Cultural Village community initially applied customary law, namely "Ajar dibata reh tua-tua sinuria" which means the teachings of ancestors in the distribution of inheritance rights, the inheritance of parents is only given to sons as heirs while daughters are not recognized as heirs and will only get "pemberen" which means gifts from parents. According to Max Waber's theory of social action, the division of inheritance rights is carried out using customary laws that have become social customs because these actions have meanings and values that are now showing a shift in Karo society. However, along with the times and increasing public awareness of the importance of gender equality, the rules for the distribution of inheritance in Lingga Cultural Village began to change. The occurrence of this social value shift is influenced by religious factors, education, jurisprudence, and globalization.

Muhtadin Muhtadin; Nesia Mu’asyara

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Progress over time often becomes a problem for the existence of traditions and culture in various regions in Indonesia. Ngelemang is one of the local traditions in the Lampung area, which still exists despite the erosion of its existence due to the inevitable modern trend. This research aims to examine the elements and values of Piil Pesenggiri which researchers limit to the value of sakai sambayan in the ngelemang tradition in the Way Mengaku community, West Lampung. The method used is descriptive qualitative with a field research approach, through observation, interviews, and documentation and by supplementing with references from related journal articles. The results of the research show that although the ngelemang tradition is still carried out, there is a decline in community participation, especially the younger generation, due to changes in lifestyles that are more individualistic. However, the value of sakai sambayan is still strongly held because this tradition prioritizes togetherness and mutual respect in its implementation. The recommendation from this research is that more efforts are needed to strengthen the inheritance of traditions to the younger generation and increase community involvement in preserving this culture.

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.