scholarly journals Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat

2021 ◽  
Vol 15 (2) ◽  
pp. 263-276
Author(s):  
Hazar Kusmayanti
Keyword(s):  
Social Welfare ◽  
Legal Status ◽  
Islamic Law ◽  
Social Institutions ◽  
The State ◽  
Customary Law ◽  
Economic Values ◽  
State Administration ◽  
Legal Position ◽  
The Law

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings.  The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.

scholarly journals MANAGEMENT OF ABANDONED LAND IN THE PERSPECTIVE OF ISLAMIC LAW AND NATIONAL LAW OF LAND

2016 ◽  
Vol 11 (1) ◽  
pp. 19-37
Author(s):  
Ridwan .
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Social Values ◽  
The State ◽  
Economic Values ◽  
Legal Norms ◽  
Basic Law ◽  
Abandoned Land

Abstract:This article is aimed at showing that land has not only economic values, but also social values. Abandoning land indicates ignorance to both values and is against legal norms, both religious and state norms in Indonesia. The consequence of abandoning land by the owner, either in Islamic or national law perspective, will result in the banning of the rights of its possession by the state who has the authority to manage the use of land for social welfare. This article proves that both Islamic and national laws have a similarity in the basic law aspect, that land should have social and economic functions. The state has the juridical authority to ensure that land is used for social welfare, including assuring that there is no land abandoned by its owner. Abstrak:Artikel ini menunjukkan bahwa tanah di samping bernilai ekonomis, juga memiliki nilai sosial. Penelantaran tanah menunjukkan, selain adanya pengabaian terhadap kedua nilai tersebut, juga bertentangan dengan norma hukum, baik hukum Islam maupun hukum positif Indonesia. Konsekuensi penelantaran tanah yang dilakukan oleh pemilik tanah baik menurut hukum Islam maupun hukum nasional mengakibatkan pemerintah sebagai pemilik otoritas memiliki kewenangan untuk menarik kembali dan menjadikan tanah tersebut untuk kemaslahatan sosial. Artikel ini membuktikan bahwa antara hukum Islam dan hukum nasional memiliki kesamaan pada aspek hukum asas bahwa tanah harus memiliki fungsi sosial. Negara memiliki otoritas untuk memastikan bahwa tanah harus bias menjalankan fungsi kemaslahatan sosial termasuk menjamin tidak adanya tanah yang ditelantarkan oleh pemiliknya.

scholarly journals Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan

2016 ◽  
Vol 12 (4) ◽  
pp. 849
Author(s):  
Ahmad Fadlil Sumadi
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
State Institution ◽  
The State ◽  
Human Interaction ◽  
Customary Law ◽  
State Legislation ◽  
Major Function ◽  
Religious Law ◽  
The Law

Law in this discussion is the law that is deliberately formed (by designed) by  the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law.  Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT,  while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is  an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals PERAN SAYYIDAH ‘AISYAH DALAM PEMBENTUKAN HUKUM ISLAM BERWAWASAN GENDER

EGALITA ◽  
2012 ◽  
Author(s):  
Ahmad Izzuddin
Keyword(s):  
Social Welfare ◽  
Gender Inequality ◽  
Islamic Law ◽  
Middle Age ◽  
Early Age ◽  
The Family ◽  
The Law ◽  
Role Of Women ◽  
Law Construction

Islamic law and women are one of mostly debated discourses bycontemporary Islamic thinkers particularly those who are gender issuesproponents. That discourse grows due to the accuse towards Islam thatthis religion is the source of gender inequality for women through outmuslim world especially in education, fairness and domestic freedom aswell as social welfare in the family. The assumption is that Islamic law ismale-based law. Therefore, it is a need to explore the note on Islamic lawdevelopment which is perceived from the role of women in the early age oflaw construction not from the aspect of the thought of classical ulama inthe middle age. This paper tries to explore and to discuss mainly the role ofSiti Aisyah as the teacher and the transmitter of hadith as the foundation ofIslamic law construction to underline women’s position and contributionas the law maker that it will prove that Islamic law is not merely men-basedlaw as the assumption grows.

scholarly journals The role of administration in the procedure of expropriation

1997 ◽  
Vol 69 (9) ◽  
pp. 122-142
Author(s):  
Zoran Lončar
Keyword(s):  
Crucial Role ◽  
The State ◽  
Law Schools ◽  
State Administration ◽  
The Law

The paper presents the fundamental factors of expropriation (term, concept, history, law reasons, object, subjects) and the role of administration in the procedure of expropriation. From the aspect of whole procedure the author concludes that the state administration has a crucial role. Because of that in the law schools, expropriation in the largest volume would enter the scope of administration law.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

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