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Emy Handayani
Fakultas Hukum Universitas Diponegoro

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Peran Penalaran Hukum Dalam Proses Penemuan Hukum (Rechtsvinding) Oleh Hakim Aemili Rara Marcia Indriastuti; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.w8yszy58

Abstract

Legal reasoning is a method of thinking using logic to seek truth or solve problems in the field of law. We are aware that the law will not always be able to keep up with the rapid pace of development. The emergence of technology has enabled various types of crimes to occur, resulting in legal vacuums. Judges, as law enforcers, need to master legal reasoning to overcome these legal vacuums through the discovery of law. There are various forms of legal reasoning, such as deductive and inductive reasoning. In addition to form, there are aspects to consider in legal reasoning, namely the ontological aspect that questions what law is, the epistemological aspect that focuses on the method of legal reasoning, and the axiological aspect that questions the purpose of legal reasoning. The discovery of law itself is divided into legal construction and legal interpretation. Ultimately, it can be concluded that legal reasoning plays a crucial role in the process of judges making legal discoveries. Legal reasoning serves as the basis, guide, guideline, and knowledge that enables judges to conduct legal discoveries genuinely based on the realization of the purpose of law itself.
Implementasi Pembagian Waris Terhadap Anak Angkat Pada Masyarakat Muslim Mas’ut; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.bmyg1579

Abstract

Islamic law basically does not prohibit the practice of adopting children, also known as adoption, as long as it does not affect and does not change the relationship between the child and his biological parents. However, Islam prohibits adoption when the adoption will cause problems or problems, namely the severance of the child's relationship with his biological parents. Adoption that is permitted by Islamic law also does not affect inheritance. Islamic law does not make adopted children or adoption a cause of inheritance rights between adopted children and adoptive parents. In Indonesian Muslim society, some of those who do not have children, they adopt children to be their children and it is hoped that when they grow up they can help and support the lives of the adoptive parents. And what is most expected is when the adoptive parents are old, this adopted child is the one who is desired and expected to be able to take care of them later. Adopted children are usually treated like their own biological children in their love. Not a few of these adopted children treat their adoptive parents like their own biological parents in taking care of them when the adoptive parents are old and can no longer do anything. When the adoptive parents have died, of course they leave the property they have as inheritance. And the property left behind will of course be divided among the heirs. While the adopted child who has done such great service to his adoptive parents, of course he will get a share of the property left by his adoptive parents.
Co-Authors Aemili Rara Marcia Indriastuti Mas’ut