Publication Search

80,083 articles from 756 journals · 2,111 citations tracked

Showing 141-160 of 206

Analytics

Eka Cahya Putri; Della Puspita; Muhammad Fathan; Dwi Noviani. M.Pd. I

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

In the modern era, social dynamics continue to develop, including in terms of inheritance distribution. The issue of dividing inheritance for children after the death of parents is increasingly complex, with various factors that need to be considered. This journal aims to answer and analyze the comparison of the inheritance process for GS as an only child upon the death of both parents according to the Islamic legal system that applies in Indonesia and ensure that Islamic law remains relevant and in accordance with the needs of children in modern times. This journal uses a qualitative approach with literature study methods and critical analysis. Data is collected from various sources, including scientific journals, news articles, and research reports. Research findings show that the distribution of inheritance to children after the death of parents is influenced by various factors, such as social norms, culture, religion and law. This journal refers to efforts to reinterpret Islamic law regarding the distribution of inheritance to children after the death of parents by considering the current social, cultural and political context. Current social dynamics, such as changes in family structure, individualism, and globalization, also influence the inheritance distribution process. The division of inheritance in this journal takes a deeper look at inheritance rights to GS. The condition of GS, who is still a child, is not legally competent to take legal action. In this case, GS's grandfather and grandmother from BA are the guardians based on the paternal lineage attached to them who are the guardians. Further research is needed to understand the complexity of inheritance division in different social contexts. It is necessary to provide education and outreach to the public about the importance of proper inheritance planning and in accordance with applicable social norms and Islamic law.

Ahmad Fandika; Octa Fio Dila; Dwi Noviani

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

This research examines the importance of transparency and fairness in the distribution of inheritance according to Islamic law in the modern era. The main problem faced is dissatisfaction and conflict between heirs due to unfair and non-transparent distribution. The purpose of this research is to identify how the principles of transparency and fairness can be applied in the distribution of inheritance in accordance with Islamic law, in order to maintain harmony and justice in the family and society. The research method used is a qualitative approach with a literature study, which involves collecting data from various literatures related to Islamic inheritance law. The results showed that transparency can be achieved through clear documentation, open communication, and the use of technology to digitize inheritance documents. Fairness in inheritance distribution emphasizes that gender differences do not affect inheritance rights, with men and women having equally strong rights, although there are differences in the amount of shares received based on utility and need. In conclusion, applying the principles of transparency and fairness in the distribution of inheritance according to Islamic law is crucial to avoid conflicts and ensure justice in families and societies in the modern era.

Irene Septia Fada; Achmad Tanthowi; Dwi Noviani

Student Research Journal 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research explores the impact of globalization and modernization on inheritance law in Indonesia, a fundamental legal aspect of the socio-economic life of society. Globalization introduces international legal values and principles that interact with national laws, driving more inclusive and equitable reforms. On the other hand, legal modernization aims to update and simplify inheritance law procedures and regulations, making them more relevant and accessible in the digital age. Using qualitative methods with a descriptive analytical approach, this research analyzes data from legal literature, legislation, and interviews with legal practitioners and academics. The findings show that globalization and modernization have a significant impact, ranging from aligning inheritance laws with international standards to increasing efficiency through digitalization. However, this process also faces challenges such as cultural resistance and infrastructure issues. This article concludes that while globalization and modernization present significant opportunities to enhance justice and accessibility in inheritance law, a sensitive adaptation to the local context is essential to ensure broad acceptance and effective implementation.

Khairunnisa Khairunnisa; Putri Utami; Dwi Noviani, M.Pd.I.

Intellektika : Jurnal Ilmiah Mahasiswa 2024 STIKes Ibnu Sina Ajibarang

Textually, Islamic inheritance law is one of the most detailed laws mentioned in the Koran, however, resolving the division of inheritance often requires repeated ijtihad by the ulama. One of the important things in the issue of inheritance is the issue of Ashabah. The results of the research concluded that the 'ashabah hadith is categorized as an authentic hadith and can be used as proof regarding the validity of the 'ashabah system in Islamic inheritance. The implementation of the 'ashabah inheritance system does not have discriminatory implications, on the contrary, it actually contains the value of distributive justice, because justice in inheritance is not always measured by the equality of designation between heirs, but is also determined by proportionality based on the size of the burden of responsibility assigned to each heir. , balance between rights and obligations and balance between what is obtained and needs and uses. This research includes a literature review, while the way it works uses descriptive qualitative methods. In this research, several Bukhori hadiths about Ashabah are included in the Ahad Gharib Muslaq Hadith category and meet the criteria for authentic hadiths that can be used as evidence. Judging from the meaning contained in this hadith, there is no discrimination in this hadith and there is no injustice towards women.

Syahrando Muhti; Reky Yuliansyah; Trianda Lestari

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

There are 3 forms of inheritance systems in Indonesia, namely Islamic inheritance, customary inheritance and civil inheritance (BW). There are various different division systems and different sources. Islamic inheritance law is based on the Koran and the Prophet's Sunnah, customary inheritance law. based on customary/hereditary provisions, while civil inheritance is based on the provisions of civil law regulations part book II. However, in the division of inheritance there are still problems that occur, giving rise to conflicts and even inheritance disputes. This research uses legal theory, quoted from the opinion of expert Santoso Pudjosubroto, who believes that inheritance law is a law that regulates whether and how the rights and obligations regarding a person's property when he dies will be transferred to other people who are still alive. This research method uses a normative method by referring to regulations in the inheritance law distribution system, such as the Compilation of Islamic Law, customary law, and BW. So the title that can be drawn from this research is Problems in the Implementation of Inheritance Division.

Rochmawati Rochmawati; Moh. Saleh

Concept: Journal of Social Humanities and Education 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The legal consequences of notaries not including one of the heirs in the deed of inheritance is a problem that often occurs in notary practice in Indonesia. The purpose of this research is to analyze the legal consequences of the actions of a notary who does not include one of the heirs in the deed of inheritance. The research method used is normative juridical with a statutory regulation approach, namely through library research and analysis of legal documents. The results of the study show that the actions of a notary who does not include one of the heirs in the deed of inheritance can result in the invalidity of the deed through a lawsuit for canceling the deed. Therefore, the notary must comply with the applicable laws and regulations and carefully examine the identities of all heirs involved in making the deed of inheritance.

Matilda Fidrisa Anggun; Sukardan Aloysius; Petornius Damat

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

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.           

Fitria Agustin; Rokilah Rokilah

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

The Qur'an's attention to the family is shown by the many verses that talk about family problems, from marriage problems to the problem of dividing inheritance. It is not only shown by the details of family problems regulated in it, but also by the verses that talk about various family rules. The facts that occur regarding marriage sometimes give rise to multiple interpretations among experts and the public, especially among Muslims. This article focuses on a review of Fiqh Rules or specifically Legal Rules (Qawaid al Ahkam) which are applied to resolve practical problems in Family Law. This rule classifies similar problems into one specific rule based on sources from the Koran and Hadith which are expected to make it easier to understand and resolve problems related to Family Law with normative application, namely Legislation on Marriage. This type of qualitative normative juridical research is research that refers to legal norms contained in legislation and norms that live and develop in society. The research results show that 1) The legal principles applied in Marriage law in Indonesia are the principle of monogamy, the principle of consensuality, the principle of proportionality and the principle of complete unity; 2) Fiqh rules in Islamic Family Law are applied in the Marriage Law with the aim of solving community problems within the scope of family and marriage law.

Rodestya Nanda Puspitasari

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This paper aims to explain the application of Article 1859 of the Civil Code related to the annulment of a deed of peace in the settlement of inheritance disputes and explain the legal consequences of a deed of peace made due to errors in including heirs. The methodology in this paper uses the type of literature writing (library research). The results of this paper show that: 1) Cancellation of a deed of peace can be done based on the application of Article 1859 of the Civil Code, namely if there is an error in entering the heirs in the deed of peace then it can be canceled, 2) The legal consequences of an underhand peace deed that has an error are the cancellation of the peace deed and blocking all submitted applications.  

Adistia R. Nur; Nur Mohamad Kasim; Dolot Alhasni Bakung

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this activity is to provide an understanding of the fair distribution of inheritance in cases of fighting over inheritance rights using several types of settlement methods. To give people an understanding that the position of a will is very important in Indonesia and even if it is not carried out according to existing procedures then the will is not legally valid. This type of research is normative-empirical legal research. According to Abdulkadir Muhammad, what is meant by normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavioral products. The results of the research obtained regarding the granting of wills that did not comply with procedures were that there were conflicting norms due to the public's lack of understanding of the regulations for granting valid wills. In conclusion, the legal status of wills will be very well maintained if the community is able to apply the legal procedures that the law has established because everything we do will definitely be directly related to the law, as we know as citizens of Indonesia, we are a country that upholds the law. justice for human rights, in its application laws are made to provide legal certainty to the community, it only remains for the community itself to be able to implement it or not, because if seen from a civil law perspective, everything that is done by humans is not in accordance with the law. existing then the action can be null and void by law.

Arif Bijaksana

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

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

Heriyanto Heriyanto; Yulius Efendi; Teguh Wicaksono

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The protection of heirs' rights to digital assets in Indonesia is becoming increasingly important as digital technology usage grows. Digital assets, including social media accounts, emails, digital files, and cryptocurrencies, present new challenges in inheritance law due to their unique nature. This article discusses how heirs' rights to digital assets can be effectively regulated within the existing legal framework. The main challenges include access and control issues, an incomplete legal framework, and rapid technological advancements. Proposed solutions include updating legal regulations, collaborating with digital service providers, enhancing digital literacy, and developing supportive systems and services. With these measures, it is hoped that heirs' rights to digital assets can be well-protected, providing legal certainty and ensuring that digital assets are not lost or misused.

Sahri Nova Yoga

Jurnal Rumpun Ilmu Bahasa dan Pendidikan 2024 Asosiasi Periset Bahasa Sastra Indonesia

All knowledge, feelings and thoughts of Malay people are internalized through pantun. This classical art of speech contains Malay life experience, wisdom, thoughts, language, arts and culture. Pantun is a forum for expressing thoughts and feelings about the meaning of life, education, human behavior and its relationship with the natural environment. As an effort to maintain the existence of pantun, schools have the responsibility to introduce pantun to the younger generation. The inheritance of culture from one generation to the next can be carried out in interesting and memorable learning. In this digital era, teachers must be able to adapt and synergize with technological advances. So learning rhymes must be varied and technologically literate. Teachers can maximize the use of digital applications to introduce and familiarize themselves with pantun.  In this way, learning can keep up with the times and the interests of the younger generation who are very responsive to the rapid development of technology.

Nanda Putri Ariska; Rahayu Subekti; Purwono Sungkowo Raharjo

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

This legal research aims to investigate how absentee land regulations are implemented in relation to agricultural land ownership in Temanggung Regency. The main objective is, first, to understand how absentee land regulations are implemented in relation to agricultural land ownership in Temanggung Regency. Second, to identify the factors that cause absentee ownership and control of land in Temanggung Regency. This research is a type of empirical juridical legal research that is descriptive in nature. This research method uses primary data obtained through direct interviews with the Temanggung Land Office and people who own absentee land. The research results show that absentee ownership and control of land still occurs in Temanggung Regency due to less than optimal implementation of the authority of the Temanggung Land Office. This condition occurs because there are buying and selling transactions outside official mechanisms and a lack of clear records by the Temanggung Regency Land Office regarding land inheritance. Several factors that cause the emergence of absentee land control and ownership in Temanggung Regency include legal aspects, law enforcement, community participation, infrastructure and culture.

I Putu Arya Suarnata Wibawa; I Wayan Novy Purwanto

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

The word law comes from the Arabic al-hukm with literally alhukm meaning a rule. In the trial program the judge can become a law, if there is no regulation in this case, it will be the responsibility of the judge to find the legal regulation. This research aims to find out how the legal protection for the loser is from punishing others, as well as finding out that his inheritance can be a guarantee of legal protection for the injured party for a crime committed by the party in buying protection for formal or material losses. The method used in this research is normative legal writing, the methods used are Case Approach and Statute Approach. The case method is carried out by examining cases related to the problems faced which have become court policies and have permanent legal force. The results of the research show that prosecution needs to be based on strong reasons and evidence if this action is an act that has violated the law, if the reasons and evidence cannot be held accountable so that the lawsuit is based on a prosecution that cannot be carried out by law in court. From this, legal protection is needed for the plaintiff who loses from the criminal action.

Raden Muhammad Syakur Fathurrahman; Sri Sundari; Marisi Pakpahan

Journal of Management and Social Sciences (JIMAS) 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The performance of human resources can be influenced by the conditions of servant leadership that are formed. Factors that influence employee performance in servant leadership include a lack of commitment from employees towards understanding the values ​​and rules that have been established, a lack of disciplined behavior, a lack of inheritance of servant leadership, and a lack of understanding organizational identity. These things cause service leadership to be less than optimal in achieving the stated vision and mission of the organization. One factor in good servant leadership is that it requires commitment from all members of the organization under the leadership of someone who is able to influence all members of the organization and is expected to be able to build good and strong servant leadership. survey research design with a correlational approach. The approach used is a quantitative approach as the basis for analysis. There is a positive, very significant and strong relationship between servant leadership and employee performance. There is a positive, very significant and strong relationship between Personality and Employee Performance. There is a positive, very significant and strong relationship between Servant Leadership (X1) and Personality (X2) together with Employee Performance (Y). The two go hand in hand, which means that the higher the Service Leadership and Personality together, the higher the Employee Performance.

Siti Nurkhalifah; Leicha Yarra Fakhirotunnisa; Yulia Hesti

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

The authority of the notary in carrying out the duties as well as the office of a notary. In article 1, paragraph (1) of Act No. 30 of 2004 on the Office of Notaries, notaries are public officials authorized to make authentic acts and other authorities as referred to in this Act. One of the notary's powers is to make authentic acts. The acts made by the notary, for example, the appointment of a limited company (PT), changes and public records of shareholders, founding of foundations, establishment of materials of other enterprises, authority to sell, lease agreement, sale agreements, declaration of inheritance rights, wills, establishing of CV including its modifications, recognition of debt, credit agreements and granting of liability, cooperation agreements, employment contracts, all forms of agreements not excluded to other officials, therefore the act relating to the agreement of absolute cooperation is authority by the Notary to make such an authentic act. This is what can be investigated about the notary's authority in authentication. This research uses the method of normative legal research, normative law research is an approach that is applied to discussing research issues through the statue approach, the analytical and conceptual approach and the comparative approach. (Comparative Approach). From the results of the research can be drawn the conclusion that a particular act is judged as a criminal act based on the result of a normative consideration of several judges decisions.

Madha Wijaya Hastabrata; Siti Munawaroh Septyningrum

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Customary inheritance law is customary law that regulates the system of inheritance procedures. There are 3 (three) customary inheritance systems in Indonesia, namely the individual inheritance system, the collective inheritance system and the majorate inheritance system. Meanwhile, there are 4 (four) kinds of kinship systems in Indonesia, namely patrilineal, matrilineal, bilateral or parental and alternate kinship systems. Balinese people adhere to the patrilineal kinship system, which is based on descent from the male side. This means that in Balinese society, the male child is Bali, and the position and rights of men are higher than the rights and position of women. In Balinese society, girls have the right to enjoy inheritance as long as they perform their dharma.  The limited right of girls to receive inheritance led to emancipation which demanded that girls get the same inheritance rights as boys. During the Indonesian government, the protection of women's inheritance rights in Bali was further strengthened by various laws and regulations issued by the government. However, there are also factors inhibiting the protection of women's inheritance rights in Bali, namely the strong influence of patriarchal culture in Balinese society and adhering to Balinese customary law which gives greater inheritance rights to men.

Adelina Amanda Dwi Syahputri; Grace Adinda Simamora

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Inheritance law is a regulation that regulates the legal position of the assets of a person who has died, which will later change hands to another person who has the right to receive the assets. Inheritance law in Indonesia applies 3 (three) types of inheritance law, namely customary inheritance law, Islamic inheritance law, and western inheritance law. In carrying out this inheritance system, in its implementation there are still several errors and unlawful acts committed by the parties, such as in decision NO. 537 K/Pdt/2017. In this decision, it was discovered that there were unlawful acts in the distribution of inheritance in the Batak tribe. The Batak tribe adheres to a patrilineal family system, which means that the bloodline is drawn from male parents or fathers, so that the position of fathers or men in traditional society can be said to be higher than women.

Arman Arroisi Hatta; Josua Arya Subagiyo

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

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.