scholarly journals ASPEK HUKUM WASIAT WAJIBAH UNTUK AHLI WARIS ANAK KANDUNG YANG BERBEDA AGAMA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 51 K/AG/1999

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 136-147
Author(s):  
Wahyu Darmawan

The barrier to inheritance or mawani 'al-irth is a barrier to the implementation of inheritance between the heir and his heirs. One of the barriers to the implementation of war is religious differences. Religious differences are one of the barriers that can cause a person to not be able to receive inheritance from someone who has died. The existence of these religious differences becomes a barrier to inheritance which has been explained based on a hadith of the Prophet Muhammad SAW: "It is not right for a Muslim to respect an infidel, nor do an infidel respect a Muslim" (HR Bukhari & Muslim). Research Methods in this scientific papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. From the results of the research that has been done, it can be concluded that the position of non-Muslim children on the inheritance of heirs who are Muslim is not as heirs because Islamic Inheritance Law does not recognize the existence of heirs to people of different religions (nonMuslims).However, according to the Panel of Judges and, according to Islamic inheritance law, heirs who are not Muslim, cannot be heirs, but because Islamic inheritance law in Indonesia contains an egalitarian principle, relatives who are religious other than Islam who have blood relations with the heirs can get the share of inheritance by using a mandatory will without exceeding the share of heirs who are equal to it, this is in accordance with the Decision of the Supreme Court.

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 81-97
Author(s):  
Moya Nurmelinda

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. While the Fiduciary guarantee in accordance with Article 1 paragraph 2 of Law no. 42 of 1999 is a security right on a movable object, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to fiduciary and mortgage rights. The results in this research can beexplained that as referred to in Act No. 4 of 1996 concerning Mortgage Rights which remains in the control of the fiduciary, as collateral for the repayment of certain debts and gives priority to other creditors. Fiduciary guarantees can be carried out and stipulated in afiduciary certificate which is authorized by a notary. With this certificate, it can also be used as a protection for both parties, both as a borrower and as a lender, no one is harmed.


Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 224-235
Author(s):  
Singgih Hasanul Baluqia ◽  
Puti Priyana

Marriage is a sacred bond between a man and a woman as husband and wife. With the aim of creating a sakinah household, mawaddah wa rahmah. However, in reality there are many incompatibilities that happened between husband and wife in a journey of household, which in the end leads to not achieving the purpose of marriage which ends in divorce. There are many factors that trigger the occurrence of divorce, one of which is the disappearance of one party by leaving the other party without giving news for a long time and resulting in uncertainty about the status of the abandoned marriage. The purpose of this study is to find out and examine how judges consider divorce cases against unseen (ghaib) husbands and their legal consequences at the Karawang Religious Court. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases against unseen husbands, as well as secondary legal materials such as books. , journals, articles, and other legal doctrines. The results of the research that have been carried out basically in the judge's decision on the divorce case with the unseen husband which is the basis for the judge's consideration is the absence of the defendant whose his existence are unknown, namely the waiting period or iddah for the Plaintiff is set for at least 90 (ninety) days from the verdict has permanent legal force as intended by Article 11 paragraph (1) and paragraph (3) of Act Number 1 of 1974 jo. Article 39 Government Regulation Number 9 of 1975 paragraph (1) letter (b) jo. Article 153 paragraph (2) letter (b) and Article 153 paragraph (4) Compilation of Islamic Law (KHI), and the issuance of a certificate of occultation from the local village.


Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 236-248
Author(s):  
Murtiningsih Kartini ◽  
Adi Kusyandi

All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)


2016 ◽  
Vol 8 (2) ◽  
Author(s):  
Arif Hasan ◽  
Dedi Budiman Hakim ◽  
Irdika Mansur

This study aims to analyze causes of the low uptake of the budget and formulate a strategy of maximizing the absorption of expenditure on Balai Penelitian dan Pengembangan Lingkungan Hidup dan Kehutanan Manokwari. Respondents involved are 20 people that consist of: treasury officials and holder output of activity. The data used were secondary data in the form of reports on budget realization (LRA) quarter I, II, III and IV of the fiscal year 2011 to 2015, and the primary data were in the form of interviews with the help of a questionnaire. While the analysis of the data used was descriptive analysis using data tabulation, and the analysis of the three stages strategy of the decision making used IFE and EFE matrix, SWOT matrix and QSPM matrix.The results showed that there are 19 factors causing low of budget absorption until the end of the third quarter, and there were 10 drafts of policy as a strategy for maximizing the absorption of the budget on Balai Penelitian dan Pengembangan Lingkungan Hidup dan Kehutanan Manokwari.ABSTRAKPenelitian ini bertujuan untuk menganalisis penyebab rendahnya penyerapan anggaran belanja dan merumuskan strategi maksimalisasi penyerapan anggaran belanja pada Balai Penelitian dan Pengembangan Lingkungan Hidup dan Kehutanan Manokwari. Responden yang terlibat adalah 20 orang yaitu pejabat perbendaharaan dan pemegang output kegiatan. Data yang digunakan adalah data sekunder berupa laporan realisasi anggaran (LRA) triwulan I, II, III dan IV tahun anggaran 2011 sampai 2015, dan data primer berupa wawancara dengan bantuan kuesioner. Sedangkan analisis data yang digunakan adalah analisis deskriptif menggunakan analisis tabulasi, dan analisis analisis strategi tiga tahap pengambilan keputusan menggunakan matriks IFE dan EFE, matriks SWOT dan matriks QSPM. Hasil penelitian menunjukkan bahwa terdapat 19 faktor penyebab rendahnya penyerapan anggaran belanja sampai akhir triwulan III, dan terdapat 10 rancangan kebijakan sebagai strategi maksimalisasi penyerapan anggaran belanja di Balai Penelitian dan Pengembangan Lingkungan Hidup dan Kehutanan Manokwari.


Author(s):  
Ismail Ismail ◽  
Abdulloh Hamid

This research is an attempt to know the courtesy reading the Quran in the book of At-Tibyan fi Adabi Hamalatil Quran by Imam Nawawi. The question that is to be answered through this study is (1) how the courtesy to read Al-Quran in the book At-Tibyan, (2) How does the relevance of courtesy to read the Qur'an in the book of At-Tibyan in contemporary times? The research methods use library research. This study is conducted using data collection techniques by conducting observations on certain sources, seeking, studying books, articles, journals, theses or others related to this study. Data collection is divided into two sources, namely primary and secondary data. Then the data are analyzed using descriptive and contextual methods. The results show that courtesy reading the Quran in the book of At-Tibyan fi Adabi Hamalatil Quran includes: Solemn, sincere, ethical, clean and holy State, facing the Qibla, start with Ta'awudz. While the relevance of courtesy reading the Quran in the book of At-Tibyan fi Adabi Hamalatil Quran with the context of contemporary can be a solution in improving the manners of interacting with the Quran, especially in the face of today's characteristics or contemporary.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
I’anatut Thoifah

Abstract. This study aims to determine the pattern of neurology-based learning methods of Al-Qur'an Al-Barqy and wafa as an effort to synchronize these methods with the principles of accelerated learning required in this advancement era. Researchers Use research methods library research or commonly referred to as literature studies by collecting primary and secondary data related to al-Barqy and death methods, then analyzing neurology using descriptive analysis. The results of this study indicate that the method of learning al-Qur'an al-barqy and wafa with its unique characteristics includes functioning of the right and left brain, besides being simple, fun and effective and making it easier for students to remember and recall old memories easily are points. It is important to acceleratinglearning neurology-based with the acrostic mnemonic method, where the language used is the daily language of students such as Ma-Ta-Sa-Ya and A-Da-Ra-Ja.


2020 ◽  
Vol 4 (1) ◽  
pp. 60-68
Author(s):  
Raden Andriana Meirani ◽  
Ahmad Damiri ◽  
Jalaludin Jalaludin

This research was conducted at Pegadaian Jalancagak Subang Regency. Pegadaian is one of the financial institutions that offers Logam Mulia investment services, one of which is called MULIA (Murabahah Logam Mulia For Abadi Investment). Product Mulia is a financing offer to customers for the purchase of gold bars produced by PT. Aneka Tambang (ANTAM). This study aims to determine how MULIA product provisions, the application of the murabaha contract on MULIA products and the impact of MULIA products for pawnshops and the community. This type of research is qualitative using descriptive analysis method. Data sources used include primary and secondary data. From the results of the discussion the researchers found that there were several provisions in the application of the MULIA product murabahah in Pegadaian Jalancagak that were not in accordance with the provisions of the Shari'a, including; first concerning the object of the contract or Marhun which was not raised or did not exist during the contract. Second, the sanctions that are permitted according to the Shari'a are applicable to customers who are capable but neglect or postpone delay of payment but do not apply to customers who are truly unable to pay, but in its application at Jalancagak pawnshop requires all customers to receive sanctions or pay fines if unable pay without exception. Third, in the application of sanctions / fines regarding funds generated from fines input as corporate income, which according to Shari'a provisions should be intended for social funds


2021 ◽  
Vol 9 (01) ◽  
pp. 25
Author(s):  
Gagah Hotma Parulian Siregar ◽  
Widhi Handoko

 Many problems regarding inheritance law occur due to distribution that is not in accordance with applicable regulations. In the Supreme Court Decision Number 784 K/Pdt/2014, the main research problems are: (1) How is the distribution of the inheritance of children out of wedlock as replacement heirs based on the Civil Code study of the Supreme Court's decision number: 784 K/Pdt/2014 . (2) Is the content of the Supreme Court's order Number: 784/Pdt/2014 concerning the distribution of the inheritance of children out of wedlock as replacement heirs appropriate or not according to the Civil Code. This type of research is normative juridical. The data used are secondary data, library study data collection and qualitative data analysis and deductive method conclusions. The conclusion of this decision study states that (1) the heirs to the inheritance of the Supreme Court decision study number: 784 K/Pdt/2014 are Dewina Tjandra, Trisnani Tjandra, Patty Tjandra, Sarina Tjandra, Arifin Tjandra, Ony Tjandra, and Fitri Tjandra . (2) The Supreme Court's decision Number 784 K/Pdt/2014 regarding the distribution of the inheritance of children out of wedlock as substitute heirs is not in accordance with Article 842 of the Civil Code.   


Author(s):  
Kinanti Resmi Hayati ◽  
Zawawi Zawawi ◽  
Endang Sholihatin

The aim of this study is to develop a Critical Literacy model for Management Economics department’s Students of economics and business faculty of UPN "Veteran" Jawa Timur in Arranging Final Project to Avoid Plagiarism. The research method uses a qualitative and quantitative approach which is applied research with case studies. The research’s location is in Management Economics department’s Students of economics and business faculty of UPN "Veteran" Jawa Timur. The data sources are students, lecturers and administrative staff in Management Economics department. Primary data are questionnaire results and data from interviews. Secondary data are from documents, observation data, and media. The implementation of data collection in the field is regulated through the following strategies, (a) the determination of informants by purposive sampling (for key informants) and snow ball for informant development, (b) interviewing informants, (c) taking notes, (d) asking descriptive and structural question, 5) conducting interview analysis, (e) making domain analysis, (f) finding themes according to the research problem, (g) surveying to students. The research checks the data validity by using data source triangulation techniques. The research conclusions are formulated a critical literacy model that can be applied by economics management study program Management Economics department’s students in preparing Final Project to avoid plagiarism; 1) students prepare topics; 2) students look for references that are relevant to the topic; 3) students start to compile scientific papers (Final assignment) with the correct paraphrasing, quotation, and citation/bibliography techniques; 4) check plagiarism; 5) Similarity tolerance with maximum of 30%; and 6) Final assignment avoids plagiarism.


2016 ◽  
Vol 10 (02) ◽  
pp. 7-14
Author(s):  
Bima Setya Nugraha ◽  
Lana Prihanti Putri

Daerah Istimewa Yogyakarta known to have many tourist destinations in the form of heritage for example Ratu Boko site. The site Ratu Boko is a historic relic that was built around the 8th century during the reign of Rakai Panangkaran, one of the descendants Wangsa Syailendra. The development of these tourist destinations are increasingly dynamic. The development of tourism activities in sites of historical and cultural heritage of course have an impact on the environment around the site. This study used qualitative descriptive methods, using data derived from primary data source (observations and interviews) and secondary data sources (study of literature). This papers restrain only on based descriptive analysis from data and not using statistic to analysis. The results of this research found that there are positive and negative impacts arising from the development of this tourist destination. Keywords: tourism destination, the site Ratu Boko, impact, qualitative


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