Garuda - Garba Rujukan Digital

The Position Of The Will In The Distribution Of Inheritance Reviewed From Islamic Law (Study of the Religious Court of Bengkulu Decision No. 0175/PDT.G/2012/PA.BN) Mitaria Ningsih; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21330

This research raised the issue of the judge's consideration in the decision no. 0175/Pdt.G/2012/PA-Bn, regarding the position of the will in the distribution of inheritance. This study used a normative juridical law method, with primary legal material from the Religious Court of Bengkulu decision no. 0175/PDT.G/2012/PA.BN which has permanent legal force, and legal materials in the form of secondary laws, books, fiqh books that were related to the topics to be discussed. After the legal material was obtained, it was then analyzed based on normative descriptive analysis. The results of the study showed that (1) a will must be made by the heirs before the inheritance was divided. When the conditions and principles of the will have been fulfilled, the will became enforceable and has legal force after the death of the testator. Therefore, the position of will here in Islamic law did not necessarily constitute a kind of manipulation or violation of the law in relation to the application of Islamic inheritance law. (2) In case No. 0175/Pdt.G/2012/PA.Bn, that the dispute over the revocation of the will, the judge made a decision accordingly with Islamic Shari'ah law on wills. The will was designed and signed by the testator in the presence of two witnesses, and according to the judge's consideration, the will was valid based on the provisions of Article 195 (1) of the Criminal Procedure Code, then the judge's decision determined that the will was valid, so the judge must decide to impose sanctions on the Plaintiff and Defendant to divide the object of the case.

ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW Kurniadi Agusta; Sirman Dahwal; Mohammad Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society.

STUDY ON UNDERAGE MARRIAGE IN EMPAT LAWANG REGENCY VIEWED FROM THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 16 OF 2019 IN CONJUNCTION WITH LAW NUMBER 1 OF 1974 ABOUT MARRIAGE Alfha Sulindra; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Underage marriage is a marriage bond between a man and a woman, where the age of both or one of them has not reached the limits stipulated in Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage. Underage marriage is one of the legal acts that is not justified by the law of marriage. However, in reality in Empat Lawang Regency it is still practiced, and even the number of underage marriages is still high. The formulation of the problems in this study were: (1) How was the underage marriage in Empat Lawang Regency viewed from the Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 about Marriage? (2) What were the factors causing the high rate of underage marriage in Empat Lawang Regency? (3) How was the impact of underage marriage on the harmony of domestic life? The research method applied in this study was juridical empirical. The results of this study indicated that: (1) Underage marriage in Empat Lawang Regency had been carried out according to Law of the Republic of Indonesia Number 16 of 2019 in conjunction with Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, if the prospective husband and wife had not met the requirements as regulated in the Law, then the prospective husband and wife must apply for dispensation to the Religious Court for approval of marriage permits. (2) The factors causing the high rate of underage marriages in Empat Lawang Regency consisted of being pregnant outside of marriage (married by accident), worrying that their child will fall into promiscuity, pressure from parents, lack of economic stability, desire of lasting relationship, family traditions, lack of parental supervision of children, lack of sex education, and parental mindset. (3) The impact of underage marriage on the harmony of household life was the difficulty to form such a harmonious household.

DISPUTE RESOLUTION OF INHERITANCE DISTRIBUTION FOR THE SUBSTITUTE HEIR IN TERMS OF ISLAMIC LAW Putri Larasati; M. Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

This study was aimed to determine the settlement of disputes regarding the distribution of inheritance to substitute heirs left by their grandparents in terms of Islamic law and to determine the position of substitute heirs for the assets according to Al-Quran and Hadith provisions. The data collection technique used in this study was a normative legal research methodology based on a literature study. From this research, it is known that (a) The rights of grandchildren as substitute heirs to replace their deceased parents are the same as the rights which obtained by their mother's sister. It caused by the 2 sons and 3 daughters so that the distribution of inheritance is based on a ratio of 2:1. In accordance with the provisions of Q.S An-Nisaa'/7:4. To give the inheritance to a grandchild who replaces their deceased parents’ position, he/she can use a mandatory will so that he/she can receive the inheritance left by their grandparents. And if there is a dispute regarding the distribution of inheritance to the replacement heirs, it should be resolved by a mediation process as a tools of dispute resolution because it is considered as faster, easier, and less costly than the litigation process, (b) Al-Quran does not regulate the provisions regarding substitute heirs, but the Article 185 of the Islamic Law Compilation stipulates that the substitute heirs can replace their parents and the asset share of substitute heirs,must not exceed the share of the heirs which is equal to was replaced.

THE IMPLEMENTATION OF REGULATION OF THE MINISTER OF RELIGIOUS AFFAIRS OF THE REPUBLIC OF INDONESIA NUMBER 12 YEAR 2016 REGARDING THE MANAGEMENT OF NON-TAX STATE REVENUES ON MARRIAGE FEE OR RECONCILIATION OUTSIDE THE DISTRICT OFFICE OF RELIGIOUS AFFAIRS AT THE DISTRICT OFFICES OF RELIGIOUS AFFAIRS IN BENGKULU CITY Budi Hartono; Sirman Dahwal; M. Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

One of the sources of non-tax state revenues from the District Office of Religious Affairs comes from the marriage fees that are carried out outside the District Office of Religious Affairs, as stipulated in the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 Year 2016. This Regulation of the Minister of Religious Affairs is applied in all District Offices of Religious Affairs in every City or Regency in Indonesia. The formulations of the problem investigated in this study were: (1) How was the Implementation of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 of 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs in the District Offices of Religious Affairs in Bengkulu City?; (2) Was the marriage cost outside the District Office of Religious Affairs paid by the bride and groom outside the provisions of the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fees or Reconciliation Outside the District Office of Religious Affairs can be classified as gratification acts y as regulated in Law of the Republic of Indonesia Number 20 year 2001 concerning Corruption Crimes?. The research method used to address these problems was the empirical juridical research method. The results of this study indicated that: (1) The regulation of the Minister of Religious Affairs Number 12 year 2016 concerning the Management of Non-Tax State Revenues on Marriage Fee and/or Reconciliation Outside the District Office of Religious Affairs, has been implemented at the District Offices of Religious Affairs of Bengkulu City, namely, in terms of the provisions for marriage fees, deposits and receipts, disbursements, uses and reporting. (2) Marriage Fees or Reconciliation Outside the District Office of Religious Affairs, especially in the case of the Headman, or the Head of the District Office of Religious Affairs, or Officers who received money when carrying out services for the implementation of marriage contract counseling outside the District Office of Religious Affairs, cannot be classified as gratification acts as regulated in the Law of the Republic of Indonesia Number 20 Year 2001 regarding Corruption Crime.

HOMOSEXUAL CRIME TOWARDS CHILDREN IN BENGKULU PROVINCE VIEWED FROM ISLAMIC LAW PERSPECTIVE Muhammad Bayu Masifa Asbei; Muhammad Darudin; Sirman Dahwal
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Homosexual crime behavior on children in Bengkulu province experiences increase every year. Viewed from various religions officially recognized by the state, homosexual behavior categorized as acts that are in contrast to religious values, and Islam condemns such acts. From this background, the problems to be investigated can be formulated as follow: (1) what were the factors causing the occurrence of homosexual crimes on children in Bengkulu province?; (2) what were the criminal sanctions that can be imposed on the subjects of homosexual crimes against children in terms of Islamic law?. To answer these problems, it was used empirical juridical research method. The type of this research was descriptive. Data sources used were primary and secondary data. Data processing was done by editing method, then a qualitative analysis was performed by using the inductive-deductive method. The results showed that (1) the occurrence of homosexual crime on children was caused by factors of: social environment, pornography, and lack of family communication. (2) there were three opinions of fiqh scholars in determining criminal sanctions that can be imposed on homosexual offenders: the first opinion statesthat homosexual offenders shall be sentenced to death; the second opinionstipulates that homosexual offenders are sentenced as adultery. If he is a bikr (unmarried man) then his sentence is to be flogged and exiled from his country.While those who are muhsan (had been married), then he is punished by stoning. The thirdopinion stipulates that homosexual perpetrators must be given legal sanctions in the form ofta'zir, that is a kind of punishment which is aimed at educative and preventive in which theseverity is determined by the judge. This Islamic criminal sanctions are heavier than positivelaw, so they can create a deterrent effect, and reduce the number of sexual crimes on children.

DISPENSATION FOR MARRIAGE AT KEPAHIANG RELIGIOUS COURT AFTER THE REVISION OF MARRIAGE LAW NUMBER 1 OF 1974 WITH LAW NUMBER 16 OF 2019 Yeni Puspitawati; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25161

This study raised the issue of the factors causing the increase in marriage dispensation cases at Kepahiang Religious Court after the revision of Marriage Law Number 1 of 1974 with Law Number 16 of 2019. It investigated how the process of examining cases of marriage dispensation applications and the consequences of what laws resulted in the changes of Law Number 16 of 2019 concerning marriage at the Kepahiang Religious Court. To answer this problem, empirical juridical research was used with data obtained through in-depth interviews with the chairman, judges, and court clerks as informants and supporting data in the form of literature books, and laws and regulations, all of which are related to the problem. After the data can then be analyzed based on qualitative juridical analysis. There were several results in this research. First, the factors causing the increase in marriage dispensation cases at the Kepahiang Religious Court were due to promiscuity, parental concerns for their children, and low education factors. Second, the process of examining marriage dispensation cases was carried out by a single judge. The applicants were obliged to present the child, the prospective husband/wife, and the parents/guardian of the prospective husband/wife. Moreover, it was also the language method of the judge that was easy to understand by the child, the time when the judge and clerks did not wear trial attributes when the examination happened, and the availability of advice and the child's statement. Third, the legal consequences resulting from the amendment to Law Number 16 of 2019 are based on some aspects namely, the increase in marriage dispensation cases, the complexity of the process of handling marriage dispensation cases because many requirements had to be fulfilled and many people carried out the underhand marriages.

Studi Tentang Teori-Teori Hukum Islam yang Berhubungan dan Mendukung Keberadaan Peradilan Agama di Indonesia Sirman Dahwal; Dimas Dwi Arso
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 8, No 1 (2023): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v8i1.8035

It is necessary to study Islamic legal theories that relate to and support the Religious Courts in Indonesia as Islamic family courts that grow and develop in resolving disputes fairly, especially for the Indonesian Muslim community. This writing aims to discuss legal theories that support the existence of the Religious Courts in Indonesia and the history of the Religious Courts in Indonesia from before independence until now. The method in this research is normative legal research. The discussion is directed to material analysis of Islamic legal theories and the arguments and principles of fiqh, which form the basis of thinking. The results of research on the existence of the Religious Courts in Indonesia are proven by supporting legal theory, receptive in complex theory, reception theory, sensory exit theory, receptive a contrario theory and other theories that have developed to help the existence of the Religious Courts and existing regulations such as Law no. 7 of 1989 which has been amended by Law no. 3 of 2006, then amended again by Law no. 50 of 2009 concerning the Religious Courts and Compilation of Islamic Law with Presidential Decree No. 1 of 1991, as well as Decree of the Minister of Religion No. 154 of 1991 concerning the Implementation of the Compilation of Islamic Law, it is hoped that a new chapter will begin for the History of the Development of the Religious Courts in Indonesia. Saat ini perlu dikaji teori-teori hukum Islam yang berhubungan dan mendukung Peradilan Agama di Indonesia sebagai peradilan keluarga Islam yang tumbuh berkembang dalam menyelesaikan sengketa secara adil, khususnya bagi masyarakat muslim Indonesia. Adapun tujuan penulisan ini yaitu membahas Teori-teori hukum yang mendukung keberadaan Peradilan Agama di Indonesia, dan sejarah Peradilan Agama di Indonesia sejak sebelum kemerdekaan hingga sekarang ini. Metode dalam penelitian ini adalah penelitian hukum normatif. Pembahasan diarahkan kepada analisis materi teori-teori hukum Islam serta dalil-dalil dan kaidah-kaidah fikih yang menjadi landasan berpikir. Adapun hasil penelitian keberadaan Peradilan Agama di Indonesia dibuktikan dengan teori hukum yang mendukung, teori receptie incomplexu, teori receptie, teori receptie exit, teori receptie a contrario dan teori lain yang berkembang mendukung keberadaan Peradilan Agama serta peraturan yang eksis seperti Undang-undang No. 7 Tahun 1989 yang telah diubah dengan dengan Undang-undang No. 3 Tahun 2006, kemudian diubah lagi dengan Undang-undang No. 50 Tahun 2009 tentang Peradilan Agama dan Kompilasi Hukum Islam dengan Inpres No. 1 Tahun 1991, serta Keputusan Menteri Agama No. 154 Tahun 1991 tentang Pelaksanaan Kompilasi Hukum Islam, diharapkan mulai babak baru bagi Sejarah Perkembangan Peradilan Agama di Indonesia.

THE IMPLEMENTATION OF HALAL PRODUCT GUARANTEES FOR TRADITIONAL FOOD ENTREPRENEURS BY THE INDONESIAN ULEMA COUNCIL ACCORDING TO ISLAMIC LAW AND LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES IN BENGKULU CITY Agri Theo Renaldo; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27796

The writing of this research aims to (1) find out and analyze the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, (2) find out and analyze the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, and (3) find out and analyze the efforts to overcome the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City. This research used a descriptive approach and the data were gathered through primary, secondary, and tertiary legal materials. The results of the research explained that the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City is begun with traditional food entrepreneurs carrying out online registration at the Bengkulu Provincial Regional Office of the Ministry of Religious Affairs. The obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City included; a lack of legal awareness of traditional food businesses to obtain halal product guarantee certificates, and the efforts made by the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council of Bengkulu Province to socialize Halal Certification and the importance of halal food and increase the number of Halal Inspection Agencies to all regions in Bengkulu province, as well as increase the number of auditors of the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council to the regions of Bengkulu Province. Keywords: Halal product guarantee, entrepreneurs, traditional food, the Indonesian Ulema Council, Islamic law, Law Number 33 of 2014.

Penal Mediation as a Medical Dispute Settlement for Hospital Malpractice Cases in Indonesia Sirman Dahwal; Zico Junius Fernando; Ria Anggraeni Utami
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.539-556

Penal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system. Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal Justice System with the concept of mediation as an effort to resolve malpractice cases in the future. This paper used normative legal research or library research with a statute, conceptual, and comparative approach. The nature of the research used in this study is descriptive-prescriptive. The author used content analysis. The findings of this study are meant to provide an alternative solution to punishment which should be a last resort (ultimum remedium) from law enforcement in the form of non-litigation settlement through mediation.

Title

Found 10 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 10 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 10 Documents
Search