Claim Missing Document
Check
Articles

Found 3 Documents
Search

Compulsory Testament: State Intervention in the Protection and Fulfillment of Human Rights of Non-Muslim Heirs Rahman, Abdul; Lohalo, Georges Olemanu; Imširović, Mirela; Bin Paidi, Zulhilmi
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64957

Abstract

This article discusses the importance of state intervention in protecting and fulfilling the human rights of non-Muslim heirs through the institution of compulsory testament. In the diverse social landscape of Indonesian society, it is possible for one heir to adhere to a non-Muslim religion while the other two heirs are Muslim. This situation raises a legal problem in the field of inheritance, as the non-Muslim heir may risk losing their inheritance rights. Both religious rights and inheritance rights are human rights that must be protected, and their fulfillment must be guaranteed by the state through the establishment of policies regarding compulsory testament. This study employs a normative legal research method to examine existing regulations, the challenges faced by non-Muslim heirs, and the role of the state in promoting justice and protecting human rights. The results of the study conclude that mandatory wills intended for non-Muslim heirs are based on customary law with the principles of justice, social justice, and humanity. Mandatory wills for non-Muslim families also accommodate the democratic atmosphere in society and the state, answering the need for a sense of justice that is the right of every individual and preventing inequality in the pluralistic Indonesian society. It is necessary to strengthen regulations related to compulsory testament, to guarantee the rights of non-Muslim heirs, in order to create a more just and civilized society.
HERITAGE TOURISM INDEX: SURVEY AND DOCUMENTATION OF NATIONAL HERITAGE INVENTORY FOR THE TOURISM INDUSTRY IN THE STATE OF NORTH MALAYSIA PENINSULA Bin Paidi, Zulhilmi; Binti AB Ghani, Rohani
Journal of Islam and Science Vol 2 No 1 (2015)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.409 KB) | DOI: 10.24252/jis.v2i1.2168

Abstract

Heritage Tourism Index (Heritage Tourism Index): Survey and Documentation of National Heritage Inventory (Historic Buildings and Heritage Site) for the Tourism Industry in the States Of North Malaysia Peninsula. This study was conducted to survey and document all national heritage treasure (historic buildings and heritage), which belongs to the national heritage inventory of Malaysia, particulary those who were found in the northern states like in Peninsula, Perak, Penang, Kedah and Perlis. The findings, which will be put into a list, are to be used as a tour index by industrial tourism of Malaysia to generate more income. Using Malaysia's national heritage inventory, this study will be performed objectively to trace all informations related to the historic buildings and sites in the northern state of Malaysia, and to survey and document the national heritage thoroughly. After that, the results of the survey and documentation will be classified and categorized to produce a complete index of Malaysian heritage information to use as an essential guide for heritage tourist industry. It will become important tool and guideline for this country's tourism industry. 
The Interests of Democracy or the Eradication of Corruption: The Dissolution of Political Parties in a Review of Law and Practice in Other Countries Mutawalli Mukhlis , Muhammad; Bin Paidi, Zulhilmi; Wiranti, Wiranti
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5632

Abstract

Dissolution of political parties as a legal response to systemic corruption raises fundamental questions about the balance between democratic integrity and political accountability. In the Indonesian context, political parties function as pillars of representative democracy, yet have increasingly been implicated in corruption scandals that benefit the party institutionally. The current legal framework—anchored in Article 24C of the 1945 Constitution and Law No. 2 of 2008—limits dissolution to violations of ideological and constitutional principles, excluding corruption from explicit consideration. This normative gap weakens the state’s capacity to enforce accountability. Through a normative-juridical and comparative approach, this study analyzes the theoretical justifications and practical mechanisms for dissolving political parties involved in systemic corruption. Case studies from Germany, Turkey, and South Korea demonstrate how other constitutional democracies integrate financial misconduct into their criteria for party dissolution. The findings support the need to reinterpret constitutional threats to include entrenched corruption as an assault on democratic order. Drawing on the theories of militant democracy, corporate criminal liability, and organizational accountability, this article advocates for legal reform that enables the Constitutional Court to act decisively against parties that exploit democratic institutions for corrupt purposes, while still preserving procedural fairness and political pluralism.