scholarly journals PROBLEMATIKA EKSEKUSI PUTUSAN HARTA BERSAMA DI ATAS TANAH ADAT (STUDI DI DESA LEBAH SEMPAGA KECAMATAN NARMADA KABUPATEN LOMBOK BARAT)

2019 ◽  
Vol 8 (2) ◽  
pp. 217-236
Author(s):  
Baiq Santi Sulistiorini
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
The Supreme Court ◽  
Shared Property ◽  
The Republic ◽  
Customary Land ◽  
Ownership Rights ◽  
The Village ◽  
House Building ◽  
Joint Property

This study aims to determine the customary provisions of the Village of Lebah Sempaga regarding the mastery of buildings on customary land, know the legal considerations of the judges and the barriers to execution of shared property on customary land. This research is a field research using normative and sociological juridical approaches and involves judges and litigants, community leaders and traditional leaders of Lebah Sempaga Village. Data mining is done by observation, indepth interviews and documentation studies. The results of this study indicate that the customary provisions of the Lebah Sempaga Village regarding the mastery of buildings on "pauman land" are that the community only has ownership rights to the house building and does not have ownership rights to the land where the house was built. Legal considerations applied by the Panel of Judges of the Giri Menang Religion Court in deciding joint property disputes on customary land include, among others: (a) Consideration of evidence (b) Consideration of factual events (3) Consideration of legal facts. The legal basis used is Article 37 paragraph 1 of Law Number 1 of 1974 in conjunction with Article 97 of the Compilation of Islamic Law and Jurisprudence of the Supreme Court of the Republic of Indonesia Number 58 K / AG / 2015 dated January 27, 2015, that a claim for joint property on customary land can only just sued value. The obstacle in the execution of the object of joint property disputes on customary land is the difficulty to sell the disputed object because no one wants to buy the house because only the house is purchased, not the land because the land is customary land.

scholarly journals Property toward Husband Doesn't Provide Children and Wife in the Overview of the Compilation of Islamic Law

2021 ◽  
Vol 2 (3) ◽  
pp. 225-235
Author(s):  
Suenta Karina Siregar ◽  
Utary Maharani Barus ◽  
Yezrizawati ◽  
Idha Aprilyana Sembiring
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Applicable Law ◽  
Library Research ◽  
The Republic ◽  
The One ◽  
Joint Property

The study was conducted to find out Compilation of Islamic Law governing the distribution of joint property, the application of the principle of partnership and the legal considerations of judges in the Supreme Court Decision of the Republic of Indonesia on Case Number 266K/AG/2010 in terms of the Compilation of Islamic Law against husband doesn’t provide for his children and his wife. This research uses normative juridical research methods that use secondary data consisting of primary, secondary, and tertiary legal materials with descriptive analysis and data collection tools are carried out by library research supported by data obtained through field research at Bantul Religious Courts. The results of this research is known that the regulation regarding the distribution of joint property to husbands who do not provide for their children and wives is not detailed in the Compilation of Islamic Law. This partnership causes the position of husband and wife to be the same in some respects, in other respects to be different, the husband becomes the head of the family, the wife becomes the head in charge of household regulation, each has a role, position, rights, obligations, and responsibilities, all of which complement and perfect each other, every role has rights and every position has obligations, whoever has more obligations or who bears greater obligations, he is the one who has more rights than the others. The judge to resolve the conflict must be able to resolve it objectively based on the applicable law, determine the facts in the trial including the relevant facts and the choice of which legal rules will be used as the basis for resolving the case.

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 160-174
Author(s):  
Azmil Fauzi Fariska
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Secondary Material ◽  
Library Research ◽  
Primary Reference ◽  
Shared Property ◽  
Data Collection Technique ◽  
Research Decision ◽  
Joint Property ◽  
Laws And Regulations

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

scholarly journals Pengaruh Hukum Islam tentang Larangan Tuak Terhadap Perilaku Masyarakat Desa Boto Kecamatan Semanding

2020 ◽  
Vol 22 (1) ◽  
pp. 1-24
Author(s):  
Husni Habibi
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Islamic Law ◽  
Field Research ◽  
Community Response ◽  
Actual Behavior ◽  
Legal Norms ◽  
Analysis Techniques ◽  
Community Behavior ◽  
The Village

This article is based on field research aims to answer the question of the influence of Islamic Law on prohibiting liquor (Tuak) towards community behavior of Boto Village in Semanding district of Tuban Regency.  It also strives to analyze the factors that contribute to mold people's behavior. The approach of this research is combining a quantitative survey and qualitative research methods, with data analysis techniques in the form of analytical descriptive. The results of the study conclude that Islamic law is incapable of fashioning the actual behavior of its adherents, especially in the village of Boto. The prohibitions of liquor (tuak) failed to stimulate the behavior of rural communities under Islamic legal norms. This is indicated by the lack of community response to Islamic legal norms. On the contrary, it is conclusively found that the behavior of the majority of people deviates from the Islamic provisions of legal norms about the prohibition of liquor (tuak).

scholarly journals PANDANGAN HUKUM ISLAM TERHADAP ADAT TOPO SALIA DI DESA MANINILI BARAT KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG

2020 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nizrah Nizrah ◽  
Nasaruddin Nasaruddin ◽  
Hamiyuddin Hamiyuddin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
Mutual Cooperation ◽  
Data Collection Technique ◽  
The Village ◽  
Islamic Values

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.

scholarly journals Juridical Analysis of the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 on Article 29 Law Number 1 of 1974 Concerning Marriage

2019 ◽  
Vol 6 (5) ◽  
pp. 720
Author(s):  
Yusri Yusri ◽  
Yaswirman Yaswirman ◽  
Neneng Oktarina
Keyword(s):  
Decision Analysis ◽  
Supreme Court ◽  
Judicial Review ◽  
Married Couples ◽  
Constitutional Court ◽  
Personal Property ◽  
The Supreme Court ◽  
Shared Property ◽  
Legal Marriage ◽  
Joint Property

Indonesia as a legal state, the presence of law in a country aims to guarantee life to protect the interests of citizens. In the Indonesian government system there are several branches of power, namely the legislative, executive and judiciary branches, the judicial power branches are the Supreme Court and the Constitutional Court. The Constitutional Court's authority is contained in Article 24 C paragraph (1) and (2) adjudicating at the first and last level whose decision is final to review the Law on the Constitution. Marriage agreement is a form of agreement that regulates assets in marriage and others. A marriage agreement is also an agreement which can affect other regulations. So with the regulation of the marriage agreement in Article 29 paragraph (1) prior to the lawsuit for judicial review to the Constitutional Court stating that the marriage agreement was made at the time, and before the marriage took place, this is what prevents many married couples from different citizens who previously were not have a marriage agreement while their interests require a marriage agreement. The decision analysis can be concluded that the Urgency of the marriage agreement in its decision No.69 / PUU-XIII / 2015 states that the importance of the marriage agreement is related to the position of shared property so that there is a separation of husband's assets with the wife's assets both regarding their respective belongings and the assets that belong to each other obtained during the marriage known as joint property. Whereas the assets obtained before their marriage period together are known as inheritance or personal property obtained after the marriage period which is usually referred to as acquisition assets. Due to the legal marriage agreement before MK Decision Number 69 / PUU-XIII / 2015, Indonesian citizens who carry out marriages mixed and does not make a marriage agreement, the Indonesian citizen may not have immovable property in the form of ownership or building rights.

scholarly journals AKAD NIKAH ULANG SEBAGAI RITUAL MEMPEROLEH KETURUNAN DALAM TINJAUAN HUKUM ISLAM (STUDI KASUS PADA PASANGAN SUAMI ISTRI DI DESA TINGGEDE KEC. MARAWOLA KAB. SIGI)

2020 ◽  
Vol 1 (1) ◽  
pp. 61-79
Author(s):  
Moh. Rizal ◽  
Muh. Syarif Hasyim ◽  
Sitti Nurkhaerah
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Married Couple ◽  
Field Research ◽  
Marriage Contracts ◽  
Marriage Contract ◽  
The Gift ◽  
Islamic Religion ◽  
Data Collection Technique ◽  
The Village

Based on the research background that has been mentioned, the remarriage agreement as a ritual of obtaining offspring in a review of Islamic law, a case study of a married couple in the village of Tinggede, Kec. Marawola Kab. Sigi, then obtained several objectives from this study, namely to explain and describe how the process of remarriage contracts for couples in the village of Tinggede Kec .arawola, Kab. Sigi as a ritual to obtain offspring and how Islamic law review of the remarriage agreement to the couple in the village of Tinggede Kec.Marawola, Kab. Sigi as a ritual to get offspring. This study uses a qualitative approach with more emphasis on the relevance of the findings that occur in the field, so that the data can be presented in actual terms, the data collection technique used is the field of data collection techniques (field research). The intended data collection technique is collecting a number of data directly. The results showed that the process of implementing a marriage contract that occurred in couples in the village of Tinggede was as follows: firstly there was an underlying reason and secondly halal and haram re-marriage contracts were seen in terms of or the intention behind the process of a remarriage contract. So that in the Islamic religion, the glasses of Islamic law see this as a prohibition because of the descendants in a family, purely the gift of Allah. Humans can only endeavor, looking for reasons that are permitted by the Shari'a to get them.

scholarly journals Jual Beli Kepiting Ditinjau Dari Sad Adz Dzariah Dan Peraturan Menteri Kelautan Dan Perikanan Republik Indonesia Nomor 12 Tahun 2020

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
MUSTAFA MUSTAFA
Keyword(s):  
Descriptive Analysis ◽  
Field Research ◽  
Research Problem ◽  
Research Field ◽  
Egg Laying ◽  
Analysis Method ◽  
Crab Population ◽  
Qualitative Descriptive ◽  
The Republic ◽  
The Village

In the practice of buying and selling crabs in the village of Meunasah Paya, the fishermen sell all the crabs they catch without sorting them out, whether they are small, large, laying eggs or not, and this is not in accordance with Permen KP number 12 of 2020 which only allows crabs above. 150 grams and crabs that are not in egg-laying condition. The formulation of the research problem is how the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh Tamiang district and how is Sad Adz Dzariah's review and Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 12 of 2020 on the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh district Tamiang. The purpose of the study was to find out the practice of buying and selling crabs in Meunasah Paya village as well as a review of Sad Adz Dzariah and KP Ministerial Regulation number 12 of 2020 on the practice of buying and selling crabs in Meunasah Paya village, Manyak Payed district, Aceh Tamiang district. This research includes field research (Field Research) with qualitative descriptive analysis method. The results of the study concluded that in Meunasah Paya village, crab fishermen sell all the crabs they catch to collectors without looking at the standardization of Ministerial Regulation No. 12 of 2020 which has been determined whether large or small crabs, laying eggs or not, will still be sold to collectors. According to sad adz dzariah, the law of buying and selling crabs in Meunasah Paya village is divided into two, namely some are prohibited because they are not in accordance with the candy and this will damage the crab population in nature and some are not prohibited. Meanwhile, according to Permen KP Number 12 of 2020, the sale and purchase of crabs in the village of Meunasah Paya is also divided into two, namely, some are appropriate and some are not.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

scholarly journals Muslim Tombstones of Kamak (Turkestan Region) as a Historical and Archaeological Source

2021 ◽  
Vol 4 (38) ◽  
pp. 167-178
Author(s):  
Dosbol S. Baigunakov ◽  
◽  
Gulmira E. Sabdenova ◽  
Keyword(s):  
Middle Ages ◽  
Field Research ◽  
Moral Foundations ◽  
Modern Times ◽  
Late Middle Ages ◽  
History Of ◽  
Stone Cutting ◽  
The Republic ◽  
First Time ◽  
The Village

In 2013, an archaeological and ethnographic expedition of the Scientific Research Institute of Culture LLP explored the southern regions of Kazakhstan. The main priority was given to field research on the issues of archaeology, ethnography, culture and art of nomads. In the village of Karnak, Turkestan Region, unique tombstones were discovered, which are an integral component of the moral foundations of Muslim culture. Karnak necropolis is located in the northern part of the village of the same name and covers more than 3 hectares of area, the main part of which is occupied by modern memorial complexes of the 20th century. The researchers' interest was aroused by a part of the Karnak cemetery, where monuments of funerary and cult architecture of the late Middle Ages and modern times were located. The novelty of this study is associated with an attempt to clarify a number of provisions in the study of the funeral and cult architecture of South Kazakhstan. Many people believe that traditional burial and cult architecture has survived only in the western regions of the republic. Nevertheless, the Karnak memorial complex studied for the first time and the materials contained in it prove that an attempt to reconstruct the history of the tombstones, identify its origins, the factors that caused the formation of various attributes are still far from being solved. The study of burial and cult architecture in the context of Muslim archaeology makes it possible to solve a number of issues in the humanities dedicated to the memorial complex and folk craft, including the stone-cutting art of the southern regions of Kazakhstan.

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