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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Fataruba, Sabri
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Law, Crime, Criminology & Criminal Justice

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Penetapan Tradisi Boka Dalam Perkawinan Suku Buton Ditinjau Dari Perspektif Hukum Islam Dewi, Citra; Angga, La Ode; Fataruba, Sabri
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i2.22009

Abstract

The Boka tradition in Butonese marriages reflects a social and cultural reality that remains deeply rooted in society, despite shifting values ​​due to modernization. In the Butonese context, Boka is a gift from the groom to the bride before marriage, which is legally equivalent to the concept of dowry as regulated in Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. This study aims to determine and explain the procedure for determining Boka in the customary law system and the Islamic legal perspective on Boka in Butonese marriages. This study uses a normative legal research method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary sources, obtained through literature studies and relevant symposiums. The results show that the Boka determination procedure begins with the pabita stage (initial proposal), continues with family deliberation, and ends with the handover of Boka before the marriage ceremony. The value of Boka varies based on social stratification (kaomu, walaka, papara), but still upholds the principle of deliberation. From an Islamic legal perspective, the Boka tradition is acceptable as long as it is implemented with the principles of justice, simplicity, and willingness, in line with the purpose of the dowry in Islam as a form of appreciation, not a burden.
Legal Consequences of Mafqud (Missing Persons) Wealth According to Islamic Law Zidan, Amidan; Angga, La Ode; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3261

Abstract

Introduction: A missing person case occurred in one of the villages of Padaelo, Lalolang Village, Tanete Rilau District, Baru Regency, South Sulawesi, where a husband disappeared and after 8 years of disappearance he returned to his house which at that time had been sold by the heirs of his wife and child so that he also reported this to the local village government and the results of the report showed that the wife had sold her house and her inheritance in the form of rice fields and then she returned to her hometown.Purposes of the Research: Know and study the procedures for determining the assets of missing persons according to Islamic law and explain the legal consequences for assets according to Islamic law.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Findings of the Research: The research results show that the mafqud's legal status must be determined by a judge through a court process before his assets can be distributed. As long as the status is not clear, mafqud assets must be frozen and cannot be transferred or distributed. The procedure for determining mafqud involves submitting an application by the heirs or interested parties to the Religious Court, taking into account the evidence and the circumstances of the person's disappearance. The legal consequences for Mafqud's assets depend on the judge's decision. If the mafqud is declared dead, his inheritance is distributed to the heirs according to the faraid provisions. However, if the mafqud returns, the property must be returned to him, unless it has been used legally. The role of judges is very important in creating legal certainty and protecting the rights of mafqud, heirs and interested parties.
Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah Hadrianto, Muhammad Septian; Angga, La Ode; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i12.876

Abstract

Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer.Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach.Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.
Akibat Hukum Pembatalan Pelaksanaan Perkawinan Secara Sepihak Bairatnissa, Zulvira Zalleh; Latupono, Barzah; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1099

Abstract

Introduction: Marriage must go through a legal process and be recognized by both the community and the state.Purposes of the Research:the purpose of compiling this writing for all people who study law in the civil field, especially those related to the factors causing annulment and legal consequences of unilateral annulment of marriageMethods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of gathering legal materials carried out in this study was library research, then it was analyzed qualitatively.Results  of the Research: The laws and regulations regarding marriage do not regulate at all the legal consequences related to the unilateral cancellation of marriage (marriage) after the proposal and engagement, so people are so easy to annul it unilaterally to the detriment of the other party.However, if referring to the jurisdiction of the Supreme Court Number 3191 K/Pdt/1984 dated December 12, 1985, then the unilateral annulment of marriage (marriage) after the proposal and engagement is a violation of the norms of decency and propriety in society, and is an act against the law,where this jurisprudence is then used as the basis of legal consideration of the Supreme Court judge in Decision Number: 1644 K/Pdt/2020. Namely the decision on the unilateral annulment of marriage (marriage) after the proposal and engagement made by Agus Suyitno to his partner Sri Subur Lestari.
Co-Authors Ayu, Laras Bairatnissa, Zulvira Zalleh Citra Dewi Efendi, Vadila Hadrianto, Muhammad Septian Kuahaty, Sarah Selfina La Ode Angga Latuconsina, Rifqi Latupono, Barzah Muchtar Anshary Hamid Labetubun Musaad, Faly Antary Narwadan, Theresia Nolda Agnes Ramadan, La Ode Alfachriy Ridla Ronald Saija, Ronald Sachmad, Yuniar Tuhumena, Since Zidan, Amidan