scholarly journals The Comparison of Adopted-Children and Biological-Children in Inheritance According to “Mbaham” Tribe The Customary Law and Islamic Law of as Well as The Role of The Notary in The Making of Inheritance Agreement

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 591
Author(s):  
Dikha San Mahresi ◽  
Akhmad Khisni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Secondary Data ◽  
Customary Law ◽  
Adopted Children ◽  
The Public ◽  
Biological Children

The legal system or the rules of “Mbaham” tribe customs in Fak-Fak town Papua and Islamic legal system headed for the adopted-children and biological children about the inheritance can be compared, because both of these rules can be different systems and can also be the same, especially in determining the rights of each child's portion. It also refers to a notary whose position has specific tasks to do the agreement of inheritance when the heirs want the services of a notary. The main problems of the research as follows; one, how the comparison of the adopted-children's and the biological children’s rights in inheritance according to “Mbaham” tribe customary law and Islamic law as well as the role of the public notary in the creation of the certificate. Second, what is the equality of the rights of biological  children and adopted-children in the inheritance according to the customary law of Mbahan tribe and Islamic law. Third, what is the difference of the rights of biological children and adopted children in the inheritance according to the customary law of “Mbaham” tribe and Islamic law. This research used a juridic empirical approach, with the specification research of descriptive analysis. The type and source of data which were used, namely primary and secondary data and the techniques of data gathering was the primary, secondary, and tertiary data. This research also used qualitative analysis to analyze the data. The results of this research showed that, Islamically the system was Individual, where the inheritance became the property of the class who has been defined in the provisions of Islamic law based on bilateral kinship. Being in the customs of “Mbaham” tribe was not necessarily because it could accept Islamic law as the guideline, but sometimes, it differed in accordance with custom. For the role of the public notary can be used in the manufacture of the agreement of inheritance when the heirs want to disburse the funds stored in the bank. The consequences of the law which was happened headed for the adopted-children and biological children was both still get each inheritance, but all were depended on the provisions within the follow, whether the customary law or Islamic law. The notary could give advice and help the beneficiary in the making of inheritance agreement.Keywords: Comparison; Inheritance; Notary

scholarly journals The Implementation of E-Court in Administrative Court to Develop Access to Justice in Indonesia

2020 ◽  
Vol 9 (1) ◽  
pp. 105-109
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Access To Justice ◽  
The Public ◽  
Left Behind ◽  
Use Of Technology ◽  
Litigation Process ◽  
Development Goals ◽  
Research Questions

Administrative Court has an absolute competence to settle administrative disputes. Sustainable Development Goals is a program conducted by United Nations with seventeen goals and the aims is no one left behind. The difficulty to get access to justice is one issue of SDG’s. This is normative legal research and research data used are secondary data, and data will be analyzed using descriptive analysis. Research questions are how the role of administrative court in e-court is, and how access to justice from is administrative court perspectives. Development of technology gives benefits also in litigation process, and judiciary systems in Indonesia have implement the use of technology into regulations. Judiciary system developed the e-court with aims to increase the public service of judiciary system. Implementation of e-court for Administrative Court cannot fully electronically, since there are two processes which cannot implement using the technologies. The absolute competence of Administrative Court become broaden, after Law Number 30 Year 2014 of Governance Administration stipulated, which gives access to justice become easier for people to protect their rights. The novelty is Administrative Court using hybrid system between the conventional and modern system, since dismissal process and preparatory examination should be done before enters the court room. The shifting paradigm of administrative law gives more access to justice for justice seeker, because it gives more competence to Administrative Court.

scholarly journals Normative Study against Limitation of Liability Notary Deed in Lieu In Making Based Act No. 2 of 2014 on Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 263
Author(s):  
Isman Isman ◽  
Gunarto Gunarto
Keyword(s):  
Public Service ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Limited Capacity ◽  
Normative Study ◽  
Research Results ◽  
The Public ◽  
The People

The purpose of this study was to analyze: 1) the role of the Notary Deed in Lieu in manufacturing. 2) Limitation of liability in the manufacture Substitute Notary Deed. 3) Barriers and solutions for Substitute Notary in carrying out its responsibilities in the manufacture of Deeds pursuant to Act No. 2 of 2014 On Notary.This research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Substitute Notary important role in meeting the needs of the people in deed, Substitute Notary is only temporary, as it replaces the notaries who are on leave, sick or absent or unable to perform its functions properly. So that the public service to create an authentic deed is not disturbed and running as it. 2) Limitation Substitute Notary Responsibility and authority is not affected by age restrictions as well as Notary, despite all the deed made by Notary Substitute, has been assigned or transferred to the depositary Protocol Notary, this means that although already quit or retired as a Notary, the Notary still be responsible for the deed he made. 3) Barriers for Substitute Notary in carrying out its responsibilities in the manufacture of Deed is the lack of experience of the notary, limited capacity and their doubts about the substitute notary office. Solutions that can be done is to provide socialization and guidance of the MPD to the Notary Substitute related to the duties and responsibilities as a Substitute Notary.Keywords: Responsibility Notaries; Notary Substitute Deed.

scholarly journals PERANAN CREDIT UNION SEBAGAI LEMBAGA PEMBIAYAAN MIKRO Studi Kasus: Pada Usaha UMKM Di Desa Tumbang Manggo Kecamatan Sanaman Mantikei, Kabupaten Katingan, Provinsi Kalimantan Tengah Tahun 2013

MODUS ◽  
2016 ◽  
Vol 26 (2) ◽  
pp. 157
Author(s):  
Monica Carollina ◽  
Ag Edi Sutarta
Keyword(s):  
Venture Capital ◽  
Small And Medium Enterprises ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Credit Union ◽  
Primary Data ◽  
Working Capital ◽  
The Public ◽  
Medium Enterprises

The role of supporting institutions in the capital in Tumbang Manggu is needed, especially for the small and medium enterprises to obtain loans used for working capital. The main problem that dalam membuka venture capital is limited existence. This study aims to determine the role of Credit Union in TPK Tumbang Manggo, Central Kalimantan as a fnancing institution for micro-enterprises. The data used in this research is secondary data and primary data. Secondary data were obtained f rom the Credit Union TPK Tumbang Manggo and Inkopdit. The primary data obtained through interviews and questionnaires. The analysis used in this research using descriptive analysis. Based on the results of CU not only act as a fnancial institution to assist the public in obtaining funds for venture capital but also as a depository institution money and providers of education and training for their members. It is most infuenced the decision of the respondent in choosing CU as a fnancial institution is the ease in obtaining a loan (20.205%), satisfactory service (20.205%), and ease in obtaining a loan (20.205%). Credits obtained from CU most used by respondents as working capital as much as 80%.Keywords: Credit Union, Credit Union Role, Tings that Afect Decisions, Credit Allocation

scholarly journals Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus

Al-Ahkam ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.

scholarly journals Peran Petugas Lapangan Keluarga Berencana dan Pembantu Pembina Keluarga Berencana Desa dalam Mensosialisasikan Alat Kontrasepsi (Studi di Desa Kebonagung Kecamatan Sukodono Kabupaten Sidoarjo)

2017 ◽  
Vol 4 (2) ◽  
pp. 169
Author(s):  
Evi Setyowati ◽  
Arsiyah Arsiyah ◽  
Ahmad Riyadh Umar Balahmar
Keyword(s):  
Family Planning ◽  
Data Collection ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
The Public ◽  
Collection Data ◽  
Data Source ◽  
The Village

The purpose of this study was to describe the role of Family Planning and Vice builder Family Planning Villages in disseminating contraceptives in the village of the District Kebonagung Sukodono and constraints faced in the field. This study uses data source in the form of primary data and secondary data, data collection techniques by observation, interview and documentation.  While  the data analysis techniques used in this research is descriptive analysis with qualitative approach that includes: data collection, data reduction, data presentation and conclusion. The results indicate of this study that the role of PLKB and PPKBD have been performing their duties and functions in  accordance with the rules, but there are some employees that the power of a response is slow, zoning does not fit the rules due to the small number of officers, and their dual position. So that the delivery of information to the public to experience problems. At least the officer due to their employees who retired due to age and system of recruitment moratorium and that no return.

scholarly journals PEMBERIAN WASIAT WAJIBAH TERHADAP AHLI WARIS BEDA AGAMA (Kajian Perbandingan Hukum Antara Hukum Islam dan Putusan Mahkamah Agung Nomor 368.K/AG/1995)

2017 ◽  
Author(s):  
Muhammad Rinaldi Arif
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Adoptive Parents ◽  
Court Decision ◽  
Adopted Children ◽  
The Supreme Court ◽  
The Republic

According to Islamic law, one of the obstacles to get inheritance is the religious difference between joint heirs and testator. The condition for the joint heirs of different religions felt unfair, so the problem is then brought to the realm of law. The Supreme Court Decision Number 368.K/AG/1995 provides a way for the joint heirs of different religions to obtain the inheritance through a wasiat wajibah. This study is a descriptive analysis that leads to normative legal research, with a research of legal approach. Data collection is obtained from secondary data by library study. The data obtained is then analyzed using qualitative analysis. Based on the results of the research according to the Supreme Court Decision Number 368.K/AG/1995, the concept of wills is not only for adopted children or adoptive parents, but also for non-Muslim heirs by giving Part or portion of the heirs of different religions based on the heirs of different religions based when he/she is Muslim. Analysis of the Decision of the Supreme Court of the Republic of Indonesia Number 368.K/AG/1995, about the provision of wasiat wajibah to the heirs of different religions is that the provision of wasiat wajibah to the heirs of non-Muslims actually is not in accordance with the rules of Islamic law.

scholarly journals Pandangan Hukum Islam Terhadap Istri Sebagai Penanggung Jawab Keluarga (Studi Kasus di Kec. Kute Panang Kab. Aceh Tengah)

2020 ◽  
Vol 20 (2) ◽  
pp. 202
Author(s):  
Mursyid Djawas ◽  
Nida Hani
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Problem Formulation ◽  
Family Responsibilities ◽  
Library Research ◽  
The Family ◽  
Child Education ◽  
Marriage Contract

Abstrak: Agama mewajibkan suami memberi nafkah kepada istri dengan adanya ikatan perkawinan yang sah. Setelah akad nikah, maka suami wajib memberikan nafkah kepada istrinya paling kurang kebutuhan pokok sehari-hari. Kenyataannya ada beberapa istri yang menjadi penanggung jawab  keluarganya. di Kecamatan Kute Panang Kabupaten Aceh Tengah istri lebih berperan dalam memenuhi keperluan  rumah tangga, pendidikan anak, kebutuhan anak. Ada beberapa istri yang berprofesi sebagai ibu rumah tangga juga berprofesi sebagai petani, guru dan lainnya. Rumusan masalah dalam skripsi ini adalah bagaimana peran istri sebagai penanggung jawab keluarga, apa yang melatar belakangi istri menjadi penanggung jawab keluarga dan bagaimana pandangan hukum Islam terhadap istri sebagai penanggung jawab keluarga. Dalam penelitian ini penulis menggunakan metode penelitian kualitatif dengan menggunakan metode analisis deskriptif.Teknik pengumpulan data yang digunakan dalam penulisan skripsi ini yaitu dengan wawancara, dokumentasi dan angket, serta penelitian perpustakaan (library research), untuk melengkapi data sekunder yang dibutuhkan dalam penelitian ini. Hasil penelitian menunjukkan istri mencari nafkah sebanyak 97% dan istri berperan penuh sebagai penanggung jawab keluarga 42% responden menjawab menyetujui. Adapun yang melatarbelakangi istri menjadi penanggung jawab keluarga ialah: suami tidak mempunyai pekerjaan sama sekali, pendapatan suami yang terbatas, tidak memiliki suami (suami meninggal dunia/ bercerai), istri senang bekerja di luar rumah, meringankan beban suami, jenjang pendidikan istri lebih baik. Islam membolehkan kepada ibu rumah tangga untuk bekerja baik di rumahnya sendiri mau pun diluar rumah, agar mendapatkan dana tambahan untuk meningkatkan kesejahteraan rumah tangga.Abstract:  religion requires husbands to provide their wives with legitimate marital bonds. After the marriage contract, the husband is obliged to make a living to his wife at least the daily necessities. Some wives are in charge of their families. In Kecamatan Kute Panang District Aceh Tengah The wife is more instrumental in fulfilling household needs, child education, children's needs. Some wives work as housewives as well as farmers, teachers, and others. The problem formulation in this thesis is how the role of the wife as the family responsibilities, what is behind the wife to be the responsibility of the family and how the view of Islamic law on the wife as the responsibility of the family. In this research, the authors use qualitative research methods using a descriptive analysis method. The data collection techniques used in the writing of this thesis are interviews, documentation, and polls, as well as library research, to complement the secondary data needed in this study. The results showed the wife to make a living as much as 97% and the wife played a full role as the family responsibility of 42% of respondents answered approve. The person who is behind the wife of the family is the responsibility: the husband has no job at all, husband's limited income, no husband (husband dies/divorced), wife happy to work outdoors, relieve husband's burden, the education level of the wife is better. Islam allows the housewives to work both in his own home or outdoors, to obtain additional funds to improve the welfare of the household. 

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

scholarly journals Evaluation of the Effectiveness of Brazilian Community Restaurants for the Dimension of Low-Income People Access to Food

Nutrients ◽  
2021 ◽  
Vol 13 (8) ◽  
pp. 2671
Author(s):  
Mateus Santana Sousa ◽  
Camila Silveira Silva Teixeira ◽  
Jamacy Costa Souza ◽  
Priscila Ribas de Farias Costa ◽  
Renata Puppin Zandonadi ◽  
...  
Keyword(s):  
Low Income ◽  
Formal Education ◽  
Average Energy ◽  
Secondary Data ◽  
Target Population ◽  
Service Capacity ◽  
The Public ◽  
The Government ◽  
Access To Food

This study aimed to evaluate the effectiveness of community restaurants (CRs), managed by the Government of the State of Bahia/Brazil, for the dimension of access to food. The study used secondary data obtained from the public opinion survey Profile of users of community restaurants in Salvador. The nutritional information was accessed through the analysis of CRs’ menus. Adequate effectiveness of access to food was considered when the CR served meals to 50% to 70% of the users considered the target audience (individuals served by the two CRs located in the city of Salvador/Bahia/Brazil). The participants (n = 1464; 778 as low-income individuals) were adult CR users from Salvador/Brazil. Most of the respondents were male, 40 to 54 years old, not white, had up to 9 years of formal education, without a partner, and living in the municipality of Salvador. The evaluated CRs are effective in serving 53.1% of the target population in their total service capacity. Meal provision only reached an estimated 0.7% of the socially vulnerable community in the district. The average energy value of the meal served by the CR units was 853.05 kcal/meal, with a mean energy density composition classified as average (1.15 kcal/g). The effectiveness of the evaluated community restaurants showed that these instruments were minimally effective in promoting access to food for the low-income population within their total daily service capacity, and the current quantity of these facilities was insufficient. However, these instruments stand out in the fundamental role of promoting the daily distribution of meals to the Brazilian population with the highest social vulnerability levels.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

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