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

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

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

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

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

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

Jeni Murni Gulo; Arismawati Halawa; Malik Bambangan

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

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

Suharyono Paputungan; Roy Marthen Moonti; Ibrahim Ahmad

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

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

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

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

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

Aulia Rahmah Dwiyanti; Zenita Delia Reviska; Salzabilla Cinta Aurellya

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

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

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.

Tiena Masriani, Yulies

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

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

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.

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.

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).

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.

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.

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.