Journal of Law, Society, and Islamic Civilization最新文献

Pengaruh Kompilasi Hukum Islam dalam Perimbangan Hakim di Pengadilan Agama Surakarta 伊斯兰法律汇编的影响在日惹宗教法庭的法官中

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-10-16 DOI: 10.20961/jolsic.v10i2.63926

Royyan Eka Purnama Putra

{"title":"Pengaruh Kompilasi Hukum Islam dalam Perimbangan Hakim di Pengadilan Agama Surakarta","authors":"Royyan Eka Purnama Putra","doi":"10.20961/jolsic.v10i2.63926","DOIUrl":"https://doi.org/10.20961/jolsic.v10i2.63926","url":null,"abstract":"Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in examining cases filed in the Religious Courts is widely used as a basis for legal considerations by judges, lawsuits filed by parties and in several aspects of the administration of religious courts cannot be separated from the Compilation of Islamic Law. Article 7 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation does not accommodate Presidential Instructions as a legal system in Indonesia, so that Indonesia which adheres to the Civil Law should have a legal basis clear in the application of the law. The study used empirical methods to find data in the field through data collection tools in the form of interviews with judges at the Surakarta Court, to obtain the perspective of legal practitioners directly regarding the Compilation of Islamic Law in its application in dealing with problems in society. The results of research conducted at the Surakarta Religious Court showed that the position of the Islamic Law Compilation was assessed by judges as having an applicable role in resolving cases in the field of marriage, inheritance and waqf in the Religious Courts, because they were able to adapt to the dynamics in society. The Compilation of Islamic Law deserves a place that is recognized in the legal system in Indonesia.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"1 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125457406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pembagian Warisan Tanah Hukum Adat Minangkabau dalam Perspektif Kompilasi Hukum Islam 根据伊斯兰法的汇编观点对土地传统法的遗产进行分配

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-10-16 DOI: 10.20961/jolsic.v10i2.57743

Avvisa Azaria, Ayu Karisa Fania Aristiawati

{"title":"Pembagian Warisan Tanah Hukum Adat Minangkabau dalam Perspektif Kompilasi Hukum Islam","authors":"Avvisa Azaria, Ayu Karisa Fania Aristiawati","doi":"10.20961/jolsic.v10i2.57743","DOIUrl":"https://doi.org/10.20961/jolsic.v10i2.57743","url":null,"abstract":"The Unitary State of the Republic of Indonesia itself has three inheritance legal systems in its implementation, namely based on local customary law or customs, religious law or beliefs adopted such as Islamic inheritance law, and there are also laws that are made and arranged in such a way by legislators such as inheritance law. Civil Code. In Indonesia, the three types of legal systems live in society according to the beliefs and religions of each community. This writing will examine specifically the comparison of inheritance that applies in Indonesia, namely \"Customary Inheritance Law\" with \"Islamic Inheritance Law\". Inheritance will take place if the testator dies and the heir to the inheritance. In the Minangkabau tribe itself in terms of inheritance from the past until now adhered to the matrilineal system or based on the maternal line, in other words, in the inheritance system, the degree of women was higher than that of men. The problem that will be raised in this study is how the distribution of inheritance in the Minangkabau tribe and comparing the inheritance system based on \"customary law\" with \"Islamic law\" and what obstacles are caused in the distribution of inheritance in the Minangkabau tribe. With this comparison, it is hoped that it can be seen and differentiated between pure inheritance law and customary inheritance law and which are included in the receptie theory. This study uses a field research method, with a comparative approach that is descriptive in nature. The data used are primary data and secondary data and draw conclusions based on descriptive-analytic-qualitative. The research conducted includes qualitative causality research. The purpose of this study is the results of this study indicate that there are differences and similarities between Minangkabau customary inheritance and the compilation of Islamic law itself.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133764824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Penerapan Fungsi Hukum Jaksa Pengacara Negara untuk Mewujudkan Kepastian Hukum, Keadilan, dan Kemanfaatan dalam Perkara Perdata dan Tata Usaha Negara (Berdasarkan kajian Filsafat Hukum) 州检察官法律职能的应用，以实现民事和行政事务中法律、正义和权宜之计的确定性(基于法律哲学)

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-10-16 DOI: 10.20961/jolsic.v10i2.64943

A. Sasongko

{"title":"Penerapan Fungsi Hukum Jaksa Pengacara Negara untuk Mewujudkan Kepastian Hukum, Keadilan, dan Kemanfaatan dalam Perkara Perdata dan Tata Usaha Negara (Berdasarkan kajian Filsafat Hukum)","authors":"A. Sasongko","doi":"10.20961/jolsic.v10i2.64943","DOIUrl":"https://doi.org/10.20961/jolsic.v10i2.64943","url":null,"abstract":"The act No. 16 of 2004 concerning the Attorney General of the Republic of Indonesia is the legal basis of the authority of the Prosecutor in the field of Civil and State Administration (DATUN), in the main duties and authorities of the Prosecutor in the field of DATUN, the Attorney General of the State (JPN) has a function to realize legal certainty, justice, and benefits of DATUN cases for the benefit of the State, related to the legal function of JPN in realizing legal certainty, justice, and the usefulness of DATUN case if conducted legal studies in legal philosophy and legal experts can be described that the Prosecutor's Office in this case as JPN has legal functions, legal certainty, legal justice, and legal benefits globally, legislation that underlies the authority and role of jpn among others act No. 16 of 2004 concerning the Prosecutor of the Republic of Indonesia Article 30 paragraph (2) explain that \"Prosecutors with special powers may act both inside and outside the Court for and on behalf of the State or Government\" , it is further affirmed in the Regulation of the Attorney General of the Republic of Indonesia Number: 040/A/J.A/12/2010 concerning Standard Operational Procedures (SOP) of DATUN Duties, Functions and Authorities, and also explained in Article 24 Paragraph (2) of Presidential Regulation of the Republic of Indonesia Number 38 of 2010 concerning Organization and Work Procedure of the Attorney General of the Republic of Indonesia. This study aims to explain the legal function of JPN to realize legal certainty, justice, and usefulness in DATUN case and know related to JPN authority seen through the study of legal philosophy that also underlies the authority. This research uses normative juridical research method so that it can be concluded that JPN has a legal function as JPN in realizing legal certainty, justice, and benefit of DATUN case.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116658955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analysis of Employment Contracts after Implementation of Law of The Republic Indonesia No. 11 in 2020 Concerning Employment Creation (Case Study in Pt Perkebunan Nusantara XIII) 印度尼西亚共和国2020年第11号创造就业法实施后的劳动合同分析(以Pt Perkebunan Nusantara XIII为例)

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-10-16 DOI: 10.20961/jolsic.v10i2.65190

Shul Thanul Azkar, U. Pati

引用次数: 0

Landasan Filosofis, Sosiologis dan Yuridis terhadap Positivisasi Perceraian di Pengadilan Agama 宗教法庭对离婚合法化的哲学、社会学和法学基础

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-10-16 DOI: 10.20961/jolsic.v10i2.64944

{"title":"Landasan Filosofis, Sosiologis dan Yuridis terhadap Positivisasi Perceraian di Pengadilan Agama","authors":"","doi":"10.20961/jolsic.v10i2.64944","DOIUrl":"https://doi.org/10.20961/jolsic.v10i2.64944","url":null,"abstract":"According to Islamic law, divorce can occur on one side, namely the husband saying Thalaq. but in the KHI article 115 and the Marriage Law Article 39 paragraph (1) of the Marriage Law that \"Divorce can only be carried out before a court session after the court in question tries and fails to reconcile the two parties (husband and wife). Obedience to Allah's law is an absolute obligation for Muslims and as the people of Indonesia, we are also obedient to the prevailing laws and regulations of the Republic of Indonesia. The research is a normative legal research with a statutory approachand a conceptual approach, with the aim of providing a philosophical, sociological and juridical basis on the positivization of divorce in religious courts. The research produced findings including: First, philosophically, KHI and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage to provide the benefit of mankind in accordance with the purpose of the law was made. Second, sociologically, with the principle of making it difficult for divorce to occur, it will inhibit the increase in divorce in society. Third, Juridical provides legal certainty and legal protection as a result of divorce.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127360783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tinjauan Maslahah Mursalah terhadap PERMA No. 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana Maslahah Mursalah是对2015年2号PERMA简单解决诉讼的概述

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-04-29 DOI: 10.20961/jolsic.v10i1.58791

Aisyah Rossyta Dewia, Fery Dona

{"title":"Tinjauan Maslahah Mursalah terhadap PERMA No. 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana","authors":"Aisyah Rossyta Dewia, Fery Dona","doi":"10.20961/jolsic.v10i1.58791","DOIUrl":"https://doi.org/10.20961/jolsic.v10i1.58791","url":null,"abstract":"Dispute resolution through the judicial process is considered ineffective and efficient, because it is slow and convoluted. This is not in accordance with the basic principles in the judiciary, namely the judiciary is carried out in a simple, fast and low cost way. However, with the establishment of PERMA No. 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits, the settlement of simple lawsuits disputes through Litigation can run more efficiently with all the provisions contained therein, including the elimination of exceptions. This study uses a literature study research method with a normative juridical approach. The data obtained from primary and secondary legal materials were collected using the library method for further analysis to determine the urgency of removing exceptions in PERMA No. 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits. Based on the analysis carried out, the elimination of exceptions in the regulation is in accordance with the principles of simplicity, speed and low cost in court. Where this principle aims to make it easier for people to find the truth without injuring the rights of the parties because the entire process to be carried out has been explained in advance by the judge. In this case, it also avoids procrastination by the parties so that disputes can be resolved more quickly. Eliminating this exception is in line with the goal of maslahah mursalah. Because the purpose of maslahah mursalah with the use of simple, fast and low-cost principles is the same, namely for benefit by providing convenience in seeking the truth.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129799704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Perkawinan Sedarah Suku Polahi Ditinjau dari Undang-Undang Nomor 16 Tahun 2019 从2019年第16年的法律来看，普希近亲繁殖

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-04-29 DOI: 10.20961/jolsic.v10i1.57729

N. Afifah, Ikfi Rizkina

{"title":"Perkawinan Sedarah Suku Polahi Ditinjau dari Undang-Undang Nomor 16 Tahun 2019","authors":"N. Afifah, Ikfi Rizkina","doi":"10.20961/jolsic.v10i1.57729","DOIUrl":"https://doi.org/10.20961/jolsic.v10i1.57729","url":null,"abstract":"This research tries to explain incest in the Polahi tribal tribe, who dwell among the interior woods of Gorontalo, more specifically in the forests of the Boliyohuto region, Tamaila Village, Tolangohula District, Gorontalo Regency, a culture that is deeply rooted in the local population. The research technique employed is prescriptive and applied normative legal research. Primary and secondary legal documents, as well as literary and document studies, were utilised as sources of legal materials. In the Polahi tribe, inbreeding occurs when a person reaches maturity (both male and female) and is matched with their own siblings. Inbreeding is illegal in marriage, according to the conclusions of this research, under Law Number 16 of 2019 about Amendments to Law Number 1 of 1974 Concerning Marriage, which stipulates that marriage is prohibited between two persons connected by blood, breast milk, and marriage. As a result, the Polahi Tribe has been found to have broken Article 8 of the Marriage Law. If the husband and wife knew before they married that inbreeding was banned by law or religion, the marriage would be considered illegal, and the child's status would be void. As a result, the kid that is born only has a favourable position in terms of inheriting and supporting the original mother and her family. Meanwhile, the government, in this instance the Gorontalo Regency Government, is working to eliminate the practise of inbreeding within the Polahi Tribe's customary law group. The situation of children born from incestuous marriages because their parents were unaware that their union broke the marriage restriction is still relevant. In the meanwhile, if both parties are aware that the marriage is prohibited under Shari'a, the marriage must be cancelled. If they do not end the marriage, it becomes a legal marriage, and the child's status becomes invalid. As a consequence, children that are born are only in a better position to inherit and support their birth mother and family.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122882603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Sale and Purchase of Non-Cash Gold at Tokopedia from an Islamic Perspective 从伊斯兰教的角度看Tokopedia非现金黄金的买卖

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-04-29 DOI: 10.20961/jolsic.v10i1.58893

Anif Mafatihur Rohmah

引用次数: 0

Tradisi Kawin Gantung di Jawa Barat dalam Perspektif Perlindungan Hak Anak di Bawah Umur 西爪哇的绞刑传统从保护未成年人权利的角度来看

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-04-29 DOI: 10.20961/jolsic.v10i1.57538

Ilahi Datilah, Zein Bastian

{"title":"Tradisi Kawin Gantung di Jawa Barat dalam Perspektif Perlindungan Hak Anak di Bawah Umur","authors":"Ilahi Datilah, Zein Bastian","doi":"10.20961/jolsic.v10i1.57538","DOIUrl":"https://doi.org/10.20961/jolsic.v10i1.57538","url":null,"abstract":"This study aims to explain about ‘kawin gantung’ in the Sundanese tribal community, especially in several areas in West Java as part of a tradition that is still being maintained by some local people. The research method used is analytical descriptive research, which is a method carried out through studying and analyzing and giving an overview of the existence of “Kawin Gantung” in several areas in West Java in perspective on the protection of minors using a qualitative approach by providing interpretation of the data obtained by looking at the rule of law, theories and principles of law with the aim of answering the problem, with data collection technique through literatur study. The findings in this study that ‘kawin gantung’ with objects of minors which are still being carried out or maintained by some people in several areas in West Java, including in Cipaeh Serdang Village, Tangerang Regency, Cikawung Village, Tasikmalaya Regency, and Ujung Gebang Village, Cirebon Regency are not in line with the provisions that regulate the minimum age limit for marriage and is not in line with the protection and respect for children's rights, especially the right to have their opinions heard and the right to obtain tion against child marriage.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124007449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018

Journal of Law, Society, and Islamic Civilization Pub Date : 2022-04-29 DOI: 10.20961/jolsic.v10i1.57629

Novita Sari, Sukri Hidayati

{"title":"Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018","authors":"Novita Sari, Sukri Hidayati","doi":"10.20961/jolsic.v10i1.57629","DOIUrl":"https://doi.org/10.20961/jolsic.v10i1.57629","url":null,"abstract":"National law is developed and adopted through existing laws in society to ensure that the applicable laws in Indonesia are in accordance with the interests and are intended to accommodate the multicultural conditions of Indonesia. This causes plurality in inheritance law in Indonesia because of the condition of Indonesia which has a variety of cultures. One of the people who live in Indonesia is the Batak community. The Batak community adheres to a patrilineal system. The patrilineal system is a system that still refers to gender differences where the legal heirs are male and female heirs who are only considered as 'enjoyers' of their husband's property. This means that the practice that only boys have the right to become heirs has been going on for generations among the Batak people and women are not entitled to family inheritance. However, with the enactment of Jurisprudence No. 03/Yur/Pdt/2018, this patrilineal practice is threatened with change. This is because the jurisprudence raises the issue of equal rights between men and women. Both are seen as equal in the eyes of the law and have a strong legal standing to claim and obtain inheritance. Therefore, this study aims to determine the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018. This research is a descriptive analytical research. The author attempts to describe and provide an overview of the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018 by examining the data obtained through literature studies originating from primary, secondary, and tertiary legal sources. The results of this study indicate that customary law in the Batak community has developed towards granting equal rights between girls and boys in relation to being the heirs or successors of the family.","PeriodicalId":308697,"journal":{"name":"Journal of Law, Society, and Islamic Civilization","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124100755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0