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p-Index From 2021 - 2026
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All Journal Jurnal Hukum Lex Generalis International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Nuraliah Ali
Universitas Palangkaraya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Legal Status of Post-Mortem Social Protection Funds in Contemporary Islamic Law: Judicial Reinterpretation of Tirkah in BPJS Death Benefits Nuraliah Ali; Thea Farina; Ivans Januardi; Hazman Hassan; Arief Budiono
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 4 (2026): on Progress
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i4.5361

Abstract

Statement of the Problem: This study aims to analyze the legal status of the death benefit from BPJS Ketenagakerjaan from the perspective of Islamic inheritance law, through judicial interpretation in the Religious Court Decision No. 273/Pdt.G/2024/PA.Plk. Introduction: The focus of the study was to determine whether the benefit constituted part of the inheritance (tirkah) or a specific gift (hibah) to the recipient designated administratively. Method: This study used a normative juridical approach. The primary source was Decision No. 273/Pdt.G/2024/PA.Plk, which was analyzed based on the theory of maqāṣid al-sharī‘ah and the concept of al-māl al-mustafād. Results: BPJS death benefit constitutes part of the tirkah because it originates from the contributions of the deceased during her lifetime. The benefit is not a voluntary gift, but an economic right that must be distributed to all heirs following faraidh law, and cannot be excluded by the administrative designation of the beneficiary. Contribution: This study serves as a reference for judges, academics, and practitioners in handling inheritance disputes involving modern financial instruments, such as insurance, pensions, and social security, within the framework of Islamic law
Perlindungan Data Pribadi Nasabah dalam Perspektif Hukum Perbankan Syariah di Palangka Raya Yutika Ariani Tungga Dewi; Andika Wijaya; Nuraliah Ali; Ivans Januardy
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.3686

Abstract

The protection of customer personal data, security mechanisms and legal remedies for customers who suffer losses at Bank Syariah Indonesia, Palangka Raya Branch, are essential aspects in ensuring the security of digital banking services. This research employs an empirical legal method with a sociological approach through interviews and the examination of statutory regulations. The findings reveal that Bank Syariah Indonesia, Palangka Raya Branch, has implemented personal data protection in accordance with applicable legal provisions through the application of standard operating procedures, information technology security systems and restrictions on access to customer data. However, the losses experienced by customers in the examined case resulted from the customers’ own negligence in maintaining the confidentiality of their personal data; therefore, the bank could not be held legally liable. As a contribution of this study, preventive and repressive legal measures are proposed, including improving digital security education for customers, strengthening the bank’s internal supervision system and optimizing the implementation of personal data protection in digital banking services.
Co-Authors Andika Wijaya Arief Budiono Hazman Hassan Ivans Januardi Ivans Januardy Thea Farina Yutika Ariani Tungga Dewi