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Rayyan Fakhri; Ilyas Ismail; Zainal Abidin

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

Bintang Ulya Kharisma

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

Simanjuntak Simanjuntak; Maylisa Lisdiana

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of information technology has increased very rapidly, one of which can be seen from the use of cell phones as the main communication tool. However, this progress also creates a gap, for the emergence of cybercrime such as fraud through short messages or called Short Message Service (SMS). Fraud via SMS by offering prizes is one form of misuse of information technology that is increasingly prevalent in the digital era. This mode of fraud is often carried out because it takes advantage of the lack of public awareness of information security and tends to target individuals who do not understand how communication technology works. This article discusses how the mechanism of fraud carried out via SMS, the impact caused to victims, and how legal regulations in Indonesia handle prize fraud via SMS. This research uses normative research methods conducted through data collection from various references including journals and laws and regulations. This research is expected to provide a more comprehensive understanding of the role of law in tackling SMS-based fraud and offer solutions that can strengthen consumer protection in the digital era.

Gloria Stephanie D.L Sair; Rex Tiran; Yeftha Yerianto Sabaat

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This thesis is entitled "Money Politics in the Legislative Election for Electoral District I, Kupang Regency 2024" (case study of Oeltua Village, Taebenu District, Kupang Regency). The problem studied is how money politics occurs in Oeltua Village and who are the actors involved in money politics, in the 2024 Kupang Regency Electoral District I legislative election. The aim of this research is to describe and analyze money politics in the 2024 Kupang Regency legislative election. The location of this research was carried out in Oeltua Village, Taebenu District, Kupang Regency. This research is a qualitative descriptive analysis research to describe or illustrate the influence of money politics on community participation. Data collection techniques in this research used interviews and documentation.The results of this research show that Money Politics has an influence on the participation of the people who receive it, but it is actually not a certainty in obtaining votes in accordance with the funds spent by legislative candidates in voting in elections, this is caused by several factors that make money politics ineffective, namely the wrong money politics strategy, a successful team that is not qualified in selecting legislative candidates, which makes money politics not guarantee that it can buy votes from voters who receive gifts in the form of money

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).

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.

Arnovan Pratama Surbakti; Yasmirah Mandasari Saragih; Sumarno Sumarno

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia is rich in diverse natural resources, namely animal natural resources and vegetable natural resources. One of the gifts of Almighty God which can be used as a source of the country's economy for national development. However, as time goes by, the species that breed in the forest are starting to become endangered. This is caused by the behavior of people or business entities who only think about personal interests without thinking about the impact of what they have done. A corporation involved in crimes involving protected wild animals will be charged in accordance with the applicable articles to provide a deterrent effect against the perpetrators. This research aims to find out the types of crimes against protected wild animals and to find out how law enforcement is carried out against corporations that commit crimes against protected wild animals based on Law of the Republic of Indonesia Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems. This research is normative legal research. The data collection method is by conducting a literature review of legal materials whose data sources come from secondary legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data is described qualitatively descriptively and then analyzed to obtain conclusions from the problem formulations.    

Ridho Tri Septiawan; Indah Satria

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Human rights are inherent to the essence and existence of humans as creatures of God Almighty, and they are gifts that must be respected, upheld, and protected by the state, law, government, and every individual for the dignity and protection of human beings. Domestic violence (KDRT) is a violation of human rights, a crime against human dignity, and a form of discrimination that must be eliminated.The focus is on the legal protection efforts for women victims of domestic violence and the prevention and mitigation efforts against violence towards women. In conclusion, to improve this situation, integrating restitution into the criminal justice system is a solution to be considered. Therefore, while the PKDRT marks a significant step in legal protection for victims of domestic violence, integrating restitution and increasing awareness and commitment from all involved parties are crucial to ensuring better protection and justice for victims of domestic violence in Indonesia. Thus, to enhance the effectiveness of handling violence against women, good coordination among various institutions and disciplines is needed, along with strong commitment from society, law enforcement agencies, and the government to take necessary actions to create a safe and just environment for women. Recommendations for discussion include legal education and awareness, integrated protection, strengthening of medical evidence, socialization and funding, effective criminal prioritization, and restitution as an alternative. The formation of an integrated committee, strengthening gender-sensitive legal systems, education and attitude change in society, establishment of crisis centers or shelters, firm repressive actions, and integration of anti-violence norms are also suggested.

Rasyid Siddiq; Dhiauddin Tanjung

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

This research aims to examine more deeply the cancellation of gifts made by parents to their children, as regulated in Article 212 of the Compilation of Islamic Law, where gifts cannot be withdrawn, except for gifts from parents to their children. This research uses a study of decision number 467/K/AG/2017 to see whether the panel of judges applies article 212 of the Islamic law compilation to apply the rules of Ushul. This research is qualitative research with a normative juridical approach. The results of this research show that the panel of judges attempted to prioritize the benefit in accordance with the Maṣlaḥah concept put forward by Al-Ghazâlî, both at the Al-darûrât, al-hâjat and al-tahsinî levels, but the panel of judges did not directly quote the rules of ushul and prioritized the rules with a different orientation but with the aim of fulfilling the benefit of the parties involved in the lawsuit, both at the level of preserving offspring (Hifz al-Nasl) and preserving property (Hifz al-Mal) in accordance with the objectives of the syara' (maqāṣid al-syarīah).

Nabila Haviazzahra; Muhamad Hasan Sebyar

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

The provisions requiring an Independent Worker to become a participant in the implementation of Public Housing Savings (Tapera) are felt to be inadequate/or unfair. If this continues to be forced, then at least 2 (two) problems will arise in the future, namely: First, how will the participation of Independent Workers continue. Second, whether the provisions requiring the participation of Independent Workers are in accordance with the principle of utility (utilitarianism) in law. The aim of the research is to contribute ideas to regulatory or policy makers regarding the implementation of Tapera. The research method chosen is normative legal research, which is related to doctrinal research or legal teachings by conducting literature reviews, through a legal philosophy approach with the thought framework of Jeremy Bentham (utilitarianism) and a legislative approach. The results of the assessment (thinking) are as follows: First, the continuity of Independent Worker participation will have a high risk of being resolved until the end. Second, Jeremy Bentham's principle of utilitarianism/benefit (happiness) justice is not implemented, considering the norm which requires Independent Workers to follow Tapera, it is felt that it is unfair in the event that Independent Workers already own a house (either by paying in installments, building their own house, getting a house from from gifts and inheritance).

Silvia Dirgahayu; Mitha Ardhian K; Anandita Pratiwi; Anisa Wahyu Anggreani; Ardan Cetta Anugraha

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2024 Fakultas Teknik Universitas Maritim AMNI Semarang

This Hampers Making Training aims to improve entrepreneurial abilities in making various gifts, hampers, parcels, various gifts and balloon bouquets. This activity was held at the South Johar Market, Semarang City, with 21 mothers and young men and women participating. The aim of this training is to increase entrepreneurial interest in the creative economy sector in making gifts and various gifts among women, as well as supporting women's empowerment programs. This training provides the skills needed to make various deliveries, hampers, parcels, various gifts and balloon bouquets, as well as increasing the awareness and ability of entrepreneurs in developing their businesses. The results of this training show that entrepreneurs who take part in this training have better abilities in making various deliveries and various gifts, and have higher motivation to develop their businesses.

Dinda Ayu Ramadhani; Rahul Ardian Fikri; H. Abdul Razak Nasution

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption      

Alwandani Alwandani; Yasmirah Mandasari Saragih; Rahul Ardian Fikri

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders