Syariah: Jurnal Hukum dan Pemikiran最新文献

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Analyzing the Legal Framework of Substitute Heirs in Islamic Inheritance Cases: DKI Jakarta High Religious Courts Perspective 分析伊斯兰继承案件中替代继承人的法律框架：雅加达高级宗教法院的视角

Syariah: Jurnal Hukum dan Pemikiran Pub Date : 2024-04-12 DOI: 10.18592/sjhp.v23i2.12545

Eko Budiono, O. S. Mukhlas, Mustofa Mustofa, Ending Solehudin, Ahmad Hasan Ridwan

{"title":"Analyzing the Legal Framework of Substitute Heirs in Islamic Inheritance Cases: DKI Jakarta High Religious Courts Perspective","authors":"Eko Budiono, O. S. Mukhlas, Mustofa Mustofa, Ending Solehudin, Ahmad Hasan Ridwan","doi":"10.18592/sjhp.v23i2.12545","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12545","url":null,"abstract":"The purpose of this study is to comprehensively analyze the construction and legal certainty of replacement heirs in the compilation of Islamic law and its application in the religious courts of the DKI Jakarta region. This research uses a qualitative method with a normative legal approach, legislation, decision analysis, and Islamic law literature. Primary sources are obtained from the decisions of the religious courts of the DKI Jakarta high religious court region numbered: 131/pdt.p/2022/pa.jp, 339/pdt.p/2021/pa.jp, 166/pdt.p/2021/pa-jb, 3950/pdt.g/2020/pa-js, the compilation of Islamic law, and other legal materials related to inheritance. Meanwhile, secondary sources are obtained from literature searches such as books, documents, and journals that have the same relevance as this research. After the data is obtained and collected, data will be filtered and grouped according to its type, then the data is analyzed using descriptive analysis to be able to provide an overview of the existing problems. The results showed that, the legal construction of the concept of substitute heirs in the Compilation of Islamic Law in the Religious Courts in the DKI Jakarta PTA region by placing the position of substitute heirs by applying justice to the inheritance of his parents who had died before the heir. The research confirms the legal construction and rationale behind substitute heirs in Islamic inheritance law, highlighting their significance in inheritance disputes. Recognized under KHI Article 185, substitute heirs play a crucial role in ensuring fairness and equity in inheritance distribution. However, obstacles such as public awareness, evidentiary challenges, and conflicts with local customs impede the effective implementation of the substitute heir rule.","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"12 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140710190","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

Safeguarding Minors' Personal Data: Legal Principles in Information Security in Ukraine and Eurupean 保护未成年人的个人数据：乌克兰和欧亚大陆信息安全的法律原则

Syariah: Jurnal Hukum dan Pemikiran Pub Date : 2024-02-09 DOI: 10.18592/sjhp.v23i2.12304

Y. Kobko, H. Foros, Khrystyna Shperun, Oleksandr Nikitinskyi, R. Savchuk

{"title":"Safeguarding Minors' Personal Data: Legal Principles in Information Security in Ukraine and Eurupean","authors":"Y. Kobko, H. Foros, Khrystyna Shperun, Oleksandr Nikitinskyi, R. Savchuk","doi":"10.18592/sjhp.v23i2.12304","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12304","url":null,"abstract":"The research aims to uncover the legal regulations pertaining to the protection of minors' personal data, considered a crucial component of informational security. Through an analysis of Ukrainian and European legislation, in conjunction with the General Data Protection Regulation and the California Consumer Privacy Act, this study seeks to explore preventive measures against third-party abuse of children's information. The research highlights the responsibilities imposed on state authorities and legal entities, based on Ukrainian and European legislation, to safeguard personal data. The methodology employed in this article involves the utilization of both general scientific and specialized methods of scientific cognition. The specificity of the research subject, along with its purpose and tasks, guided the selection of these methods. The research results reveal various problematic issues related to the collection, storage, use, and distribution of personal data of minors. The obligation to protect an individual's rights to the processing and preservation of personal data or private information is a responsibility placed on state authorities in accordance with the legislation of Ukraine and European countries (Germany, Switzerland, France, Italy, Norway, Great Britain), as well as on legal entities that own or store the specified personal data. In conclusion, the protection of personal data emerges as a fundamental right, integral to the broader rights of family and private life. The study also underscores the importance of international cooperation mechanisms in addressing this multifaceted issue.","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140528340","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 Human Right to an Environment Safe for Life and Health: Legal Regulation, Contemporary Challenges and Comparative Perspectives 享有生命和健康安全环境的人权：法律规定、当代挑战和比较视角

Syariah: Jurnal Hukum dan Pemikiran Pub Date : 2024-01-30 DOI: 10.18592/sjhp.v23i2.12257

Yevhen Leheza, O. Sinkevych, Zorina Kravtsova, O.M. Kudriavtseva, Ievgeniia Cherniak

{"title":"The Human Right to an Environment Safe for Life and Health: Legal Regulation, Contemporary Challenges and Comparative Perspectives","authors":"Yevhen Leheza, O. Sinkevych, Zorina Kravtsova, O.M. Kudriavtseva, Ievgeniia Cherniak","doi":"10.18592/sjhp.v23i2.12257","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12257","url":null,"abstract":"Abstract: The purpose of the research is to disclose human rights to an environment safe for life and health. Main content. The article reveals relationship between the concepts of “human rights” and \"citizen’s rights” in the environmental sphere, “ecological rights”, “ecological responsibilities” and “the human right to an environment safe for life and health”. The war initiated by Russia caused significant damage to the environment, social and industrial infrastructure, flora and fauna. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of the essence of human rights to an environment safe for life and health. Conclusions. The legal grounds for the allocation of ecological rights to a separate institution in the system of constitutional rights are singled out, and their definition is derived. It was emphasized that Ukrainian citizens and non-governmental organizations made a lot of efforts to document the damages. In particular, EcoAction and Environment People Law organizations collect and publish relevant data on an ongoing basis. Thus, the \"EcoZagroza\" platform regularly publishes estimates of damages caused by environmental crimes, these estimates are calculated by the State Environmental Inspectorate of Ukraine. \u0000Key words: human right, constitutional law, environmental conservation, environmental legislation, law. \u0000 ","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"83 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140529692","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