scholarly journals The Delaying of Inherited Wealth Distribution and Its Impact: A Case Study of Family Fair in Medan City

2020 ◽  
Vol 1 (2) ◽  
pp. 231-242
Author(s):  
Fathul Djannah ◽  
Muhammad Rizal

This study aims to discuss the delaying of inherited wealth distribution and its impact: a case study of family fair in Medan City. This study is field study (field research) which starts from a case that is used as primary data. Then the discussion is supported by secondary data in the form of library research taken from al-Quran and Hadith, fiqh books relating to inheritance issues, including Law NO. 1 of 1974, and Compilation of Islamic Law and other written sources related to it. To get primary data in the field about the case being discussed, the writer interviewed the heirs left by the late Soehermanto. In addition, the authors also interviewed 5 scholars, in this case the authors chose FS UIN SU lecturers who according to the authors are representatives of scholars in Medan City, to explore their opinions on the issue of delaying the distribution of inheritance and its consequences. The result shows that there is a tendency to postpone the distribution of inheritance as has happened in the midst of the community, including in North Sumatera, especially in the city of Medan, which in turn causes injustice and unhappiness in the relationship of brotherhood and kinship. This delay is caused by the lack of knowledge and practice of one's religion, in addition to the system and perspective of the community, including the heirs, especially the children of the heirs, who are always overwhelmed by reluctance, gratitude, fear of being said to be unfilial, and ashamed with the community if "noisy" in matters of inheritance

2019 ◽  
Vol 8 (1) ◽  
pp. 18
Author(s):  
Ahmad Teguh Santoso ◽  
Wimbrayardi Wimbrayardi

Abstract The purpose of this study is to describe results of the analysis of creative Piring Dance at Syofyani's studio in the Case Study of Dance Accompaniment which is viewed from the relationship of the dance movements to the music rhythm. This type of research was qualitative research with using a content analysis approach. The instrument of this research was the researcher and it was assisted by supporting instruments such as stationery, camera and laptop. The types of data used were primary and secondary data. Techniques of data collection were conducted by doing library research, observation, interviews and documentation. The steps to analyze data were done by collecting data, listening to audio recording, playing music, transcribing and analyzing scores. The result shows that music and Piring dance is made based on "Alam Takambang Takambang jadi Guru", therefore the process that is passed by imagining (visualizing) the movement of the dance , it is like stretching a shade (weaving place) then describing the movement above the shade. Music and Piring Dance are also made based on the nuance of music and dance that are presented and related in rhythmic between music and dance. Based on the rhythmic relationship between music and dance, there are several parts of music and dance that have strong accents so that it support the rhythm that is shown from music and dance from the intro section, core A and B and their variations. B rhythmic which is used in music uses more of a 2/4 with a different tempo from the beginning to the final climax. Keywords: analysis, creative Piring dance, syofyani studio, dance accompaniment music.


Author(s):  
Rahimah Yasir ◽  
Busyra Azheri ◽  
Neneng Oktarina

A child is a really special gift for parents from God, Allah SWT. Parents have an absolute right to educate, to nurture, to take care, and to fulfill child’s need until the child grows to become an adult. Before growing up, the child is under his parent power. However, sometimes  power of parents is revoked by religious court because of negligence of parents in caring the child. It is stated in Article 49 of Act Number 1 Year 1974  that power of mother or father or both of them could be revoked in certain time based on the will of other people or child’s relatives or child’s sibling or authorized officials by referring to court decision. The power is revoked because parents are negligence in fulfilling their responsibility or they do the bad things. Although the power is revoked, the parents still have responsibility to give financial support to the child. Based on the explanation above, problems to be discussed in this thesis are factors which cause the revocation of parent power on children reviewed from Act Number 1 Year 1974 (a case study of Verdict No. 78/Pdt.G/2017/PA.PP), and law consideration of panel of judges in giving judgement about revoking parent power on  a child (a case study of Verdict No. 78/Pdt.G/2017/PA.PP).Method of approach in this research is empirical, which means that secondary data was investigated first before primary data in the field was researched. Specification in this research is descriptive. Method of data collection  are field research (interview) and library research. Result of the research shows that among factors which influence the cause of revoking parent power are: it occurs on children under 18 years and they are not married yet, parents are prosecuted because of their negligence in fulfilling their responsibility and doing really bad thing, and prosecutor meets criteria to be a guardian based on applicable provision. Judge consideration in giving judgement is that parents has broken the elements of marriage which is stated in Article 47 and Article 49, Act Number 1 Year 1974.


2021 ◽  
Vol 24 (1) ◽  
pp. 107
Author(s):  
Kompyang Sri Wahyuningsih

<p><em>The purpose of this study was to analyze the problems of online learning during the Covid-19 pandemic and the solutions to solve them at SMA Dharma Praja Denpasar. This type of research is a case study or field research using primary data sources obtained through direct interviews by following health protocols. In addition, data is also obtained through library research using secondary data sources collected through textbooks, e-books, laws and regulations, websites, and other sources relevant to the research problem. The research data were analyzed qualitatively with an interactive model, which consists of data collection, data reduction, data presentation, and drawing conclusions. The results of this study indicate that the implementation of online learning during the Covid-19 pandemic at Dharma Praja Denpasar High School has various problems, both from teachers, students and parents of students. The problems of the teacher are in the form of weak mastery of IT and limited access to supervision of students, from students, namely lack of motivation and concentration in learning, limited support facilities, internet network access, while from parents in the form of limited time to accompany their children during online learning. These various problems can be overcome by increasing competence in the use of IT, giving simple tasks, intensive supervision by involving parents.</em></p>


ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor


2019 ◽  
Author(s):  
Ali Geno Berutu

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina&gt;na&gt;t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.


2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.


Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.


2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.


Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.


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