scholarly journals An ACCULTURATION OF THE APPLICATION OF INHERITANCE LAW IN THE SUNDANESE INDIGENOUS COMMUNITY OF WIWITAN

2021 ◽  
Vol 3 (2) ◽  
pp. 135-142
Author(s):  
Siti Nuraidah ◽  
Ani Yumarni ◽  
Nurwati
Keyword(s):  
Indigenous Peoples ◽  
Social Life ◽  
Belief System ◽  
Customary Law ◽  
Inheritance Law ◽  
The Family ◽  
The Moment ◽  
Legal Subjects ◽  
Statutory Regulation ◽  
Legal Consequences

Indigenous peoples are legal subjects recognized for their traditional rights and other rights by the 1945 Constitution and other laws and regulations. Sunda Wiwitan is understood as the original Sundanese religion or early Sundanese which is the naming of the belief system used by people of Sundanese descent who still confirm the spiritual teachings of the Sundanese ancestors. Humans are legal subjects, bearers of rights and obligations from the moment of birth and end when humans die. From the event of a person's death, there are legal consequences, namely how to resolve the rights and obligations of the person's death which is regulated by inheritance law. This is an empirical juridical method or non-doctrinal study, looking at the validity of a statutory regulation and legal norm originating from religion, which lives and develops in a group of indigenous peoples. The purpose of this study was to determine and examine the acculturation of customary inheritance law and Islamic inheritance law in the Sunda Wiwitan community and to determine the form of application of Islamic inheritance law to the Sunda Wiwitan indigenous people in Kasepuhan Ciptagelar with Kampung Urug. The results show that the acculturation of the application of inheritance law to the Sunda Wiwitan community, Kasepuhan Ciptagelar and Kampung Urug regarding the application of Islamic inheritance law is that Islamic inheritance law is carried out by prioritizing deliberation and consensus in the family of the heirs of the Sunda Wiwitan Indigenous Peoples. followers of Islam. As for customary law, the Sunda Wiwitan people make it a norm and culture that is carried out in social life.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

BUILD STUDENTS’ CHARACTER THROUGH FASTING AT MUSLIM SCHOOL

QUALITY ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 40
Author(s):  
Oki Dermawan
Keyword(s):  
Social Environment ◽  
Social Life ◽  
Spiritual Intelligence ◽  
Main Concern ◽  
Ethical Values ◽  
Ramadan Fasting ◽  
The Family ◽  
Character Building ◽  
The Moment ◽  
Muslim School

<p><em>Spiritual intelligence is Supposed to be the main concern in education. This is done by the teaching of religious ethical values by example from the family, school and community. through the practice of worship, Such as fasting a month in Ramadhan (Refrain from eating and drinking or anything that may nevertheless invalidate the fast, all day from dawn until sunset in the month of Ramadan).  fasting, reading and understanding the holy book the Qur'an, physical and social environment conducive. when the spirituality of the students are organized, it will be Easier to organize other aspects of personality.  Fasting during Ramadan is a momentum for character building. Fasting will let people have strong principles, patience, Sincerity and do not give up and have the solidarity and love each other. That principle has now started to disappear. Moment of  Ramadan  may also be a school agenda for character building, with this media, students are expected to remember and go back to the true identity of the sacred and sublime, with the values of humanity and wisdom. When the values of human nature come back on the track, then the equality and solidarity will color the days of the students. Fasting has a horizontal dimension with a strong social life Such as charity, served meals to the orphans, be patient in facing the problem. there are some excellent values for building the character of students. It is Appropriate if the moment of Ramadan fasting would be passed on in the schools as a program after the month of Ramadan in shaping the character of students through the activities of the sunnah fasting( not </em><em>compulsory fasting) </em><em>  twice a week Monday-Thursday, or give students the freewill to negotiate to determine how many times a week or every month held sunnah fasting together, the idea of the Sunnah fasting is influence on the formation of student character effectively.</em></p>

scholarly journals Unknown pregnancy: Presentation of the case

2010 ◽  
Vol 63 (9-10) ◽  
pp. 728-730
Author(s):  
Momcilo Djordjevic ◽  
Bozidar Jovanovic ◽  
Gordana Djordjevic
Keyword(s):  
Case Report ◽  
Pregnant Woman ◽  
Great Risk ◽  
Social Life ◽  
Medical Examination ◽  
Gynecology And Obstetrics ◽  
The Family ◽  
The Moment ◽  
Home Conditions

Introduction. There are two kinds of unknown pregnancies. A denied, unknown pregnancy, graviditatas ignota, when the pregnant woman unconsciously denies the existence of the pregnancy. Contrary to the denied pregnancy there is a hidden pregnancy, a concealed pregnancy in women who know they are pregnant but actively hide their pregnancy from the family, partner, friends, teachers, colleagues, etc. The prevalence of an unknown pregnancy during the first 20 gestation weeks is 1 in 475 pregnancies, in the second half of pregnancy it is 1 in 2455 pregnancies and at the moment of delivery it is 1 in 7225. Case report. A 40-year-old woman was transported by an ambulance and admitted to Gynecology and Obstetrics Clinic in Kragujevac after the delivery in home conditions and this patient found out about her pregnancy at the moment of delivery. Discussion This case presents a classical example of a denied pregnancy. The reasons are probably at all levels, physiological, psychological and social. The patient was 40 years old, with two children aged 17 and 15 and irregular periods. Denied pregnancies present a multidisciplinary problem, which requires work of different specialties and services and this interferes with family and social life. Conclusion. The denied pregnancy should always be taken into consideration in case of irregular periods, especially in perimenopause. Patients in perimenopause should have regular medical examination by their gyneocolgists, at least once in six months and the delivery outside hospital conditions that bears a great risk should be avoided at any rate.

scholarly journals Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu)

2020 ◽  
Vol 1 (1) ◽  
pp. 222-227
Author(s):  
Ni Made Sintia Tarisa ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Limited Liability ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Research Approach ◽  
Limited Liability Company ◽  
Credit Guarantees ◽  
Legal Subjects ◽  
Statutory Regulation ◽  
Legal Consequences

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.

scholarly journals PERSEPSI WARIS MASYARAKAT TRANSMIGRASI DI KAMPUNG ARSO VII KABUPATEN KEEROM PROPINSI PAPUA PERSPEKTIF HUKUM WARIS ISLAM

2020 ◽  
Vol 2 (2) ◽  
pp. 111-121
Author(s):  
Muhamad Zainal Abidin
Keyword(s):  
Social Life ◽  
Qualitative Method ◽  
Public Perception ◽  
Social Conditions ◽  
Cultural Patterns ◽  
Inheritance Law ◽  
The Public ◽  
Sociological Approach ◽  
The Family ◽  
People’S Perceptions

AbstractThis research examines the perception of inheritance law in the transmigration community. Given that in social life, transmigration communities are multicultural, consisting of various ethnic groups and their respective cultural patterns, which come from their place, environment and social conditions of origin. Including the issue of inheritance law in the transmigration area which has its own uniqueness. The purpose of this research is to obtain information related to people's perceptions of inheritance law that applies in accordance with the customs and traditions of society. This study used a descriptive qualitative method, with a sociological approach to the perception of the transmigration community. The results of the research conducted, it can be concluded that the public perception of inheritance, namely assets that are distributed before the heir dies by means of deliberation to obtain consensus which is witnessed by the family and divided by appointment of inheritance to the heirs.Keywords: Inheritance Law; Transmigration Community; Inheritance Perception.

scholarly journals Anna Egorovna Dokuchaeva – the first Russian woman soil scientist

2021 ◽  
pp. 51-69
Author(s):  
E. A. Rusakova
Keyword(s):  
Social Life ◽  
Educational Institution ◽  
Teaching Experience ◽  
Scientific Work ◽  
Scientific Activity ◽  
Soil Science ◽  
Russian Woman ◽  
The Family ◽  
The Moment ◽  
Girls School

In 2021 we celebrate the 175th anniversary of the birth of the founder of Soil Science – Vasiliy Vasilievich Dokuchaev, and his wife and colleague – Anna Egorovna Dokuchaeva (Sinclair). V.V. Dokuchaev personally highly appreciated the outstanding role of Anna Egorovna in the formation of the Russian school of soil scientists, calling her the first Russian woman soil scientist. The article is devoted to the life of A.E. Dokuchaeva and based on the analysis of a few archival materials and literature. He emphasized its importance not only in his own life and scientific work, but also noted its influence on the formation of young soil scientists. By the moment of the meeting with V.V. Dokuchaev, Anna Egorovna was an educated and financially independent woman, had teaching experience and was the head of a private girls’ school, that belonged to her, and led an active social life. A successful, active, but at the same time the fragile young woman, being the head of educational institution, became for her husband not just a loving and beloved wife, but also a loyal companion and assistant, in whom he always found understanding and encouragement, his reliable support. Anna Egorovna helped her husband with translations with scientific articles, participated with him in the preparation and work of the VIII Congress of Russian Naturalists and Doctors, traveled with Vasiliy Vasilievich on expeditions, and processed the materials collected. This is only a small part of what Anna Egorovna did in Soil Science and of what we know today from documents and memoirs, most likely her scientific activity was much wider. In the Dokuchaevs’ house, there was a close connection between the family and Anna Egorovna’s scientific activities, which only people close to the family, friends, and students of Vasiliy Vasilievich knew about, but for most people Anna Egorovna was not a scientist.

scholarly journals Kedudukan Ahli Waris yang Berpindah Agama terhadap Harta Waris Menurut Hukum Waris Adat Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 78-82
Author(s):  
Dewa Ayu Herlina Dewi
Keyword(s):  
Research Methods ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Legal Principles ◽  
The Gift ◽  
The Right ◽  
Legal Consequences

A heir that change their religion from Hindu causing an heir to lose his inheritance rights. Because, in Bali's Customary Law of inheritance an heir has an obligation to heirs, families, and indigenous peoples. It is absolute for the heirs to get the right of inheritance. However, because of the affection of parents, many parents consider the position of heirs who convert by giving part of the inheritance that is not magical religious or a property that is not an inheritance but is said to be a grant. The purpose of this study is to determine the position or status of an heir who has converted and to know the possibility of whether the heirs can receive a gift outside of the estate. The method of research used normative juridical research methods, approaches made on the basis of major legal material by reviewing theories, concepts, legal principles and legislation related to this paper. Based on the contents of the study can be summarized as follows: 1. With the transfer of religion heirs, heirs can not carry out obligations as heirs to the heirs, families, and indigenous peoples. Thus the inheritance relationship between the heirs and the heirs is lost so that the legal consequences of the heir does not have the right to inherit. 2. Heirs can still accept the gift from their parents because of compassion. The gift may be a property which is not religiously magical and can also be given in the form of a grant.  

scholarly journals INTERAKSI SOSIAL TRANSMIGRAN DESA WERDHI AGUNG DENGAN PENDUDUK ASLI DESA IBOLIAN DI KECAMATAN DUMOGA TENGAH

2017 ◽  
Vol 13 (1A) ◽  
pp. 239
Author(s):  
Claudia Mouren Demakota ◽  
Welson M. Wangke ◽  
Jenny ., Baroleh
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Land Tenure ◽  
Social Life ◽  
Local Population ◽  
Sampling Technique ◽  
Population Data ◽  
Primary Data ◽  
Research Report ◽  
The Family

This study aims to find out how cooperation, competition, conflict and accommodation between transmigration living in the village of Werdhi Agung with indigenous people in Dumoga Sub-district. This study was conducted from December 2016 to February 2017, starting from preparation to the formulation of the research report. The data used in the form of primary data and secondary data. This research is done by purposive sampling technique. The total respondents in this study were 40 people, who were the head of the family, consisting of 20 members of the transmigrant group from Bali and 20 members of the indigenous Mongondow community representing the local population. Data analysis was done descriptively by using Likert Scale. The results show that: a) The cooperation between transmigrants and indigenous peoples is so harmonious that in their daily life it has reflected a broad assimilation / mixing form arising from the realization that they have common interests, both individually and in groups, they are aware that they have different ethnic cultural backgrounds. This has a positive effect on the social life of transmigration communities and indigenous peoples in coexistence. b) Competition between transmigrants and indigenous people is marked by land ownership / social jealousy competition and competition between village youth but no competition or threat of violence. c) Conflicts between transmigrants and indigenous peoples only occur in land tenure, and the conflicts are not frequent among rural youth. d) Accommodation or work to end disputes or conflicts between conflicting parties ie between transmigrants and indigenous peoples can be resolved either through the family or with the help of villagers and government officials.

scholarly journals KEBIASAAN YANG MENJADI HUKUM ADAT LINTAS KELUARGA (Studi Kasus Kunjungan Setiap Hari Raya Besar Antar Umat Beragama Di Sulawesi Utara)

2020 ◽  
Author(s):  
Prasetio Rumondor ◽  
Anisa Jihan Tumiwa
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Customary Law ◽  
Religious Communities ◽  
Cross Sectional ◽  
North Sulawesi ◽  
The People ◽  
The Family ◽  
Sociological Approaches ◽  
Legal Consequences

The Purpose of writing this articles is to find out the interactions and habits of the people on major holidays between religious communities in North Sulawesi. This study uses qualitative research methods, with data collection techniques based on observations, interviews and documentation studies, as well as sociological approaches with studies cross-sectional. The results of this study show that interfaith visits, especially by each family, are still strongly bound by kinship but have distance and boundaries from each religion. Then, there are legal causes and legal consequences that occur from customary law visit when religious feast day are smaller in scope, namely the family which will automatically influence the interaction of the people of North Sulawesi.

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