Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Jurnal Kajian Hukum Dan Kebijakan Publik
Darian Ezra ‘Aabidah
Universitas Negeri Semarang
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Integrasi Hukum Islam dalam Sistem Hukum Nasional melalui Kajian Peradilan Agama Indonesia Darian Ezra ‘Aabidah; Luhung Cahya Adi; Jezkhiel Septryan Jubilate Oppusunggu; Muhammad Faisal Firdaus; Ahmad Haikal Manggabarani; Baidhowi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/wyq6dx19

Abstract

This study aims to critically examine the integration of Islamic law within the Indonesian national legal system, specifically through the role and jurisdiction of the Religious Courts (Peradilan Agama) and the utilization of the Compilation of Islamic Law (KHI) as a primary reference. Although Islamic law is formally recognized, and the KHI is widely employed by judges to resolve marriage, inheritance, and waqf (endowment) cases, this research is driven by two main issues: first, the ongoing debate regarding the binding power of the KHI, which is legally based only on a Presidential Instruction; and second, the overlapping jurisdiction between the Religious Courts and the General Courts (Peradilan Umum) in practice. Operating within the framework of the Pancasila legal state, this research analyzes the consistency of these regulations with the principles of legal certainty, usefulness, and justice. The findings are expected to formulate recommendations for legal reform to strengthen the integration of Islamic law and resolve confusion at the practical level.
Tinjauan Yuridis Terhadap Penguasaan Harta Warisan Oleh Salah Satu Ahli Waris Dalam Sengketa Waris: Studi Putusan Nomor 455/Pdt.G/2024/PN Jkt.Pst Rayi Kharisma Rajib; Nurul Baitii F Wahid; Darian Ezra ‘Aabidah
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/d7m62p94

Abstract

The issue of inheritance disputes is one of the conflicts that frequently occur in society, particularly concerning the control of inherited property by one of the heirs without the consent of the other parties. This condition not only causes tension within family relationships but also raises complex legal issues. In civil law, inherited property is essentially the joint property of the heirs from the moment the deceased passes away as regulated in Article 833 paragraph (1) of the Civil Code, which states that the heirs automatically acquire rights to all the deceased's goods, rights, and receivables. In addition, the principle that no one can be forced to remain in an undivided state is affirmed in Article 1066 of the Civil Code, which provides a legal basis for fair division of inheritance. This study aims to examine the legal regulations regarding the control of inherited property by heirs according to civil law. and also analyzes juridically the withdrawal of the lawsuit in Decision Number 455/Pdt.G/2024/PN Jkt.Pst. The research method used is normative juridical with a statutory approach and a case approach, through the study of legal regulations, literature, and relevant court decisions.
Co-Authors Ahmad Haikal Manggabarani Baidhowi Jezkhiel Septryan Jubilate Oppusunggu Luhung Cahya Adi Muhammad Faisal Firdaus Nurul Baitii F Wahid Rayi Kharisma Rajib