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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.

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.

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.

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.

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.

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).

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

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.      

Dika Ratu Marfu’atun; Asep Dharmawan; Natasha Apriliani; Sofia Billa Paradise

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Inheritance law regulates a person's wealth after the owner dies. In general, the system of inheritance or distribution of wealth can be done in three ways: using BW law (Burgerlijk Wetboek), Islamic law, and customary law. This research method uses a qualitative research method with a normative juridical research type with an observational approach which is intended to examine legal issues related to the comparison of the distribution of inheritance assets according to Civil Law and Islamic Law. The aim of this research is to find out how inheritance is divided according to western civil law and Islamic lawAccording to civil law, there are two ways to divide inherited assets, namely Ab-intestato (heirs according to law article 832 of the Civil Code) and Testamentair (Will). Meanwhile, in Islamic law, men get two parts, while women get one part (2:1). When a man marries, the inheritance he receives from his parents will be used to pay the dowry and support his wife and children.  

Mellani Agustin; Endah Fajri Arianti

Jurnal Ilmu Kesehatan Umum, Psikolog, Keperawatan dan Kebidanan 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

Religious courts are first-level courts that are tasked and authorized to examine, decide, and resolve cases at the first level between people who are Muslim, both in the fields of marriage, inheritance, wills, gifts and applications for adoption, applications for marriage dispensation for underage marriages. The research used by the researcher is a qualitative approach. Emotional regulation is the process by which individuals manage, experience, and express emotions. Emotional regulation of men and women has differences, namely that women's emotions express emotions more to maintain their interpersonal relationships so that women appear weaker, but men express them more with anger and pride so that they show more dominance.  

Munawan Syahputra; Hasdiana Juwita Bintang; Mochammad Erwin Radityo

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.

Moch Naufal Ramdhani; Deden Suparman

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

Knowledge in the field of science is increasingly developing day by day following environmental conditions and human thinking. So science, especially in the field of science, should not be separated from religion. In the Al-Qur'an there are many verses that explain the process of human creation, such as in Surah Al-Hajj verse 5, Surah Al-Mukmin verse 67, Surah Az-Zumar verse 7, Surah Fathir verse 11, and many more. . someone can observe humans through biological observations. In the Qur'an, humans are often called "Basyar", where the word basyar is often compared to the biological characteristics of humans. Fingerprints are polygene inheritance. Based on Galton's system, fingerprints can be divided into 3 basic patterns, namely: curved shape or Arch (A), figure shape or Loop (L), and circle shape or Whorl (W). Finger tendrils can be widely used as a means of identifying a person, biological aspects. Human fingerprints vary from one person to another, even if they are identical twins. Apart from that, it can also be a feature of fingerprints and none of them are exactly the same because they are different from one individual to another.

Ronald Darlly Hukubun; Marlin Chrisye Wattimena; Sherly Lewerissa; Michele Kesaulya; Astry Tehuayo +3 more

Ekspresi : Publikasi Kegiatan Pengabdian Indonesia 2024 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

Community Service Program (PKM) of the Pattimura University Student Community Service (KKN) batch L in Negeri Rumah Tiga is a community service action to clean the environment involving KKN students, State Apparatus and the community in Negeri Rumah Tiga. This activity aims to make the environment clean, healthy and beautiful as expected by the entire community, also fostering a culture of mutual cooperation in the Negeri Rumah Tiga Community. This community service activity is filled with cleaning the streets from garbage and weeds, gutters and picking up garbage in the yard. The implementation of this activity went smoothly. The evaluation of the implementation of this activity is that this activity must be routinely scheduled continuously, especially before entering the rainy season. The community's commitment to participating in this activity and maintaining its environment with good waste management also still needs to be improved. This activity also requires commitment from various parties, not only adults but also the participation of children in this activity as a form of campaign to maintain a clean lifestyle environment and the inheritance of cultural values ​​for future generations.

Mahesa Arya Pratama; Yosua Parulian Pardede; Jesika Bonita Sibarani; Intan Gloria Mawar Silangit

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the comparison of inheritance rights of adopted children from the perspective of Islamic law and civil law in Indonesia. The background of the research is the importance of a clear understanding of the legal status of adopted children, given the growing number of couples adopting children because of the inability to have children. The aim of this study is to explain and compare the inheritance rights of adopted children in both legal systems. The method used is normative research with legislative approaches, examining regulations, laws and related regulations. The results of research show that in Islamic law, the adopted child is not entitled to inherit property from the foster parent because there is no national relationship, but can be given property through a will with a maximum of 1/3 of the inheritance. The implications of these findings are the need for harmonization of laws and policies that can provide legal certainty and justice for adopted children in Indonesia, accommodating the differences between the two legal systems.    

Agustin Leni Magdalen Rohi Riwu; Seheslon Killyon Bessie

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Children born in a valid marriage according to the Rote tradition sometimes have their status not recognized in society if the relationship between the parents and the family is not harmonious or if problems occur in the marriage process which has an impact on the child's relationship with the biological father and the father's family. The aim of the research is to determine the status of children and the position of children born in a legal customary marriage according to the customary law of the Rote indigenous community in the inheritance system. The results obtained: giving a dowry (belis) will create a continuous reciprocal relationship between both sides of the family, the status and position of children born in valid marriages according to Rote customary law, because if the relationship between the parents is not harmonious then the child's status is not recognized as the child of the biological father so he cannot claim his rights as an heir. The parties involved have a role and function to make an agreement that does not burden either party, and provides a sense of justice for each party, so that the dispute can be resolved amicably. does not destroy the order of traditional values ​​in society.

Intan Sukmawati; Tajul Arifin

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the division of inheritance rights based on the Hadiths of Bukhari and Muslim and the Articles of the Civil Code; how the division of inheritance rights is viewed in the perspective of the Hadiths of Bukhari and whether it is in accordance with the provisions of the Civil Code. The research method used is document analysis, collecting data from Islamic law and civil law literature and comparing the two. The results show that the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice for heirs, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs. So, the division of inheritance rights in the Hadiths of Bukhari emphasizes the principles of equality and justice, while the Civil Code regulates the division of inheritance rights based on lineage and the number of heirs, thus indicating a difference in approach in determining inheritance in the context of Islamic law and civil law in Indonesia.

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.