Abstract:In Indonesia, dividing an inheritance can become particularly challenging when it involves a second wife and children from different marriages. One of the most sensitive issues is determining each child's rightful share,…
especially when the legal status of the second marriage is uncertain. This study uses a qualitative library research method, drawing from both primary legal texts and supporting literature to explore this issue.The findings, based on the study “Analysis of Inheritance Distribution for Children of a Second Wife According to Indonesian Inheritance Law”, show that Islamic inheritance law in Indonesia generally aims to provide a fair and balanced distribution through the principles of faraidh. As long as the second marriage is legally recognized, children from that union have the same inheritance rights as those from the first marriage. In practice, however, problems often occur when the second marriage hasn't been officially registered. This highlights the importance of legally documenting all marriages to protect the rights of every child and avoid future disputes among heirs.
Abstract:Parental responsibility towards children with disabilities in Islamic legal analysis emphasizes the principles of compassion, justice and protection of every individual, including those with special needs. In Islam, children,…
dren, including children with disabilities, are considered as a mandate given by Allah SWT to parents. Therefore, parents have a great responsibility in caring for, protecting and guiding their children comprehensively, including physical, mental and spiritual aspects. The focus of research in writing this thesis is the responsibility of parents towards children with special needs. The purpose of the study is to analyze and understand the perspective of Islamic law on parental responsibility towards children with disabilities comprehensively in Kisaran Barat District, Asahan Regency. This method uses a qualitative research method which is a process of various steps involving researchers, theoretical and interpretative paradigms, research strategies, data collection methods and empirical data analysis as well as the development of interpretations and presentation of research results. Children with disabilities have physical limitations, hearing limitations, vision limitations, intellectual limitations, emotional behavioral limitations and communication limitations. Islamic law teaches that parents must provide affection and fair treatment without discriminating between children with special needs and children without, and requires parents to seek education and life skills that will enable children with disabilities to participate well in society. In an effort to meet their needs, Islam also allows parents to seek professional help, such as therapy or health services, to support their child's development.
Abstract:Article 109 paragraph (2) of Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs regulates that means of transport that are solely used to commit criminal acts can be confiscated for the…
he state. Decision Number 102/Pid.Sus/2019/PN.Tbk stated that the means of transporting the MT Yosoa ship were confiscated for the state and in Decision Number 27/Pdt.G/2019/PN.Tbk, the judge ruled that the Tanjung Balai Karimun District Prosecutor's Office Cq. Public Prosecutor had committed an unlawful act. The purpose of the research is to analyze the judge's consideration of the lawsuit for unlawful acts, and the extent of Decision Number 27/PDT. G/2019/PN. Tbk influences the legal interpretation of unlawful acts, as well as the ownership status of MT YOSOA ships that have been decided to be confiscated by the state. This research is a normative juridical research. Data is collected and then analyzed qualitatively. The results of the research show that the judge's decision has weaknesses in legal considerations which results in legal uncertainty and injustice for the parties. In addition, there are inconsistencies in assessing the evidence of ship ownership and elements of unlawful acts, this decision also shows weaknesses in determining liability, due to the lack of parties involved in the lawsuit. It is recommended that the judge be more careful in considering all aspects of the law and exploring the material truth thoroughly. All interested parties must be involved in the lawsuit so that accountability can be clearly established.
Abstract:To determine the rightful heirs must be determined in court voluntarily as regulated in Article 49 Letter b of Law Number 3 of 2006 concerning the Authority of Religious Courts. However, in reality there are heirs who are…
e unwilling to submit an application for the determination of heirs, resulting in the obstruction of the rights of other heirs. The purpose of writing this thesis is to explain the procedures and special requirements in submitting a contentious determination of heirs, to explain the evidence of the applicants against the heirs, and to explain the efforts made to overcome obstacles in determining heirs contentiously. This research is an empirical legal research, data is obtained directly through interviews and literature reviews. Data is collected and then analyzed qualitatively. The results of this study indicate that there are still many heirs who submit the determination of heirs voluntarily with a lack of parties and result in their decisions being declared unacceptable, but in terms of contention there are still many heirs, judges and lawyers who do not know that there are provisions in the Circular of the Supreme Court (SEMA) Number 5 of 2021- Formulation of the Law of the Religious Chamber-2.b there are special procedures and requirements and proof in the submission as well as obstacles and efforts that must be made in the application for determination of heirs contentiously which is different from voluntary. It is recommended that the Sharia Court provide information regarding the new provisions in submitting applications to both lawyers and interested parties in order to obtain legal certainty because many parties do not yet know these provisions.
Abstract:Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims…
to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.
Abstract:The complexity of the global economy and demands for accountability drive the need for a comprehensive study of financial management strategy typologies that align with the characteristics of Islamic educational institutions…
ions and Islamic economic principles. This research aims to identify, classify, and analyze financial management strategy typologies in Islamic educational institutions from an Islamic economic perspective. Effective financial management presents a major challenge for Islamic educational institutions facing global economic complexity and accountability demands, while most still rely on conventional models that have not fully accommodated Islamic values. Using the Systematic Literature Review (SLR) method with the PRISMA protocol, this research analyzed 6 selected articles from 77,522 articles identified from three major academic databases. The results revealed five typologies of financial management strategies in Islamic educational institutions: (1) pure sharia principles-based that emphasize sharia compliance, maqashid sharia, and justice; (2) audit and accountability-based that focus on legal compliance, transparency, and fraud prevention; (3) governance and professionalism-based that prioritize financial manager competence; (4) management function-based that include planning, organizing, implementation, and supervision; and (5) integration of Islamic values into the education system. Despite showing different characteristics, all typologies aim to achieve financial sustainability while maintaining sharia compliance. This research provides a conceptual framework that can serve as a reference in developing adaptive and contextual financial management models according to the characteristics of Islamic educational institutions.
Abstract:Inclusive villages provide space for minorities, namely people with disabilities, to have equal rights and obligations, equal dignity and status, and have the same role and position in the lives of people in the village.…
The Ngawonggo Village Government, Malang Regency, has sought legal protection for people with disabilities by establishing Village Regulation Number 2i of 2023 concerning the Establishment of Village Disability Inclusion Groups. The method used is physical therapy training for groups of people with disabilities. The result of this community service is in order to optimize the realization of the tasks and functions of inclusion groups as an effort to accelerate independence for people with disabilities through physical therapy training.
Abstract:This research explores the role of Bahasa Indonesia in shaping international legal diplomacy through a doctrinal legal analysis. By examining primary legal sources, such as treaties, diplomatic correspondences, and international…
national agreements involving Indonesia, alongside secondary sources including scholarly articles, legal commentaries, and historical analyses, this study aims to uncover how Bahasa Indonesia functions as a diplomatic tool in legal contexts. The research critically analyses the extent to which language can bridge cultural and legal divides, enhance mutual understanding, and influence the negotiation and interpretation of international agreements. By situating Bahasa Indonesia within broader legal and diplomatic frameworks, this study offers insights into the intersection of language, culture, and law on the global stage, highlighting the strategic importance of linguistic identity in international legal diplomacy.
Abstract:In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as…
binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.
Abstract:This study investigates the English language needs of Islamic Economic Law students at STITNU Sakinah Dharmasraya. In the era of globalization, English proficiency is crucial for academic and professional success, particularly…
ularly in fields that intersect with global issues, such as Islamic economic law. This research is using a qualitative descriptive approach, the research involved interviews, observations, and data analysis to identify students’ English competencies and challenges. The Findings in this research show that students require strong skills in reading, writing, speaking, and listening, especially to understand international literature, compose academic and legal documents, and participate in global discourse. However, students face major obstacles such as limited vocabulary rela ted to Sharia and economic terminology, and a lack of confidence in speaking due to minimal exposure. Despite these challenges, students demonstrate high motivation to improve their English for academic advancement and career opportunities. The study emphasizes the need for English instruction tailored to the specific demands of Islamic economic law to better prepare students for global competitiveness