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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Sosioreligius: Jurnal Ilmiah Sosiologi Agama Ahkam: Jurnal Hukum Islam
Abdoeh, Nor Mohammad
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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HIBAH SEMUA HARTA KEPADA ANAK ANGKAT (TELAAH KOMPARASI ANTARA KUH PERDATA DAN KHI) Abdoeh, Nor Mohammad
Ahkam: Jurnal Hukum Islam Vol 8 No 1 (2020): Juli 2020
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.1.109-140

Abstract

One of the ways that human beings use to obtain treasure is grants. The grant process cannot be separated from the limit of the donated property. In reality, many people grant his wealth to his adopted son with all his possessions. It is a matter of the adopted child's position in the law. The purpose of this paper is to explain how the views of the Civil Code and the Islamic Law about grant and that comparation. The approach of this research with normative approach, by investigating whether it is according to the norms that apply. The conclusion of this research, that the rules of grant in the Civil Code and KHI actually have similarities and differences. The similarity of the two rules is seen in defining the meaning of the grant, its elements and similarity in judging a qualified person to do the grant. The difference of the rules are both seen in the share of grant distribution. The portion in KHI is a maximum of 1/3. The existence parts and restriction of the treasures in the grant is nothing but to protect from the tendency of the benefactor to ignore their family. While in the Civil Code based on Legitime Portie
MEMBANGUN HARMONI: OPTIMALISASI FKUB SALATIGA DALAM MENGATASI KONFLIK KEAGAMAAN DAN MEMPERTAHANKAN KOTA TERTOLERANSI (2018–2023) Abdoeh, Nor Mohammad
SOSIORELIGIUS Vol 9 No 1 (2024): Sosioreligius: Jurnal Ilmiah Sosiologi Agama
Publisher : Departemen Sosiologi Aga,ma, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/sosioreligius.v9i1.49281

Abstract

The phenomenon of the harmony and tolerance survey that ranked Salatiga as the 2nd most tolerant city in 2018, then 1st in 2020, then 3rd in 2021 and 2nd in 2022, and 3rd in 2023, makes Salatiga City proud of itself. With Salatiga City being inaugurated as a city of tolerance amidst the rampant cases of intolerance in this country. The author is interested in examining more deeply how FKUB Salatiga optimizes the resolution of religious conflicts in Salatiga city. And how does FKUB Salatiga City maintain the top 10 most tolerant cities in Indonesia during 2018-2023? And what are the obstacles in realizing religious harmony in Salatiga City? This research is a descriptive field study using a sociological approach. The conclusion of this article is that the way to optimize FKUB Salatiga in resolving religious conflicts are: a) Conducting dialogue with religious leaders and community leaders. b) Further accommodating and conveying the aspirations of religious mass organizations. c) Conducting socialization of laws and policies in the field of religion. d) Providing written recommendations on the application for the establishment of houses of worship and the use of residential houses as temporary places of worship. e) Conducting research and field review related to the establishment of houses of worship. f) Deploying a team of field verifiers from FKUB from across religions to review administrative requirements. Furthermore, FKUB Salatiga's technique in maintaining the top 10 most tolerant cities is by emphasizing dialogue, socializing regulations, and synergizing religious and community leaders. The factors that become obstacles are: a) The Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs has not been fully understood. b) The absence of a legal umbrella in the Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs in accommodating sects in certain religions. c) The absence of a legal umbrella in the Joint Regulation of the Minister of Religious Affairs and the Minister of Home Affairs relating to the establishment of a funeral home for ethnic Chinese. d) Lack of coverage of suburban areas related to the problem of socialization of religious harmony. e) The community does not fully understand Law No. 5 of 2018 concerning Amendments to Law No. 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law No. 1 of 2002 concerning Eradication of the Criminal Acts of Terrorism into Law.
Non-Muslim Divorce Practices in Indonesia: An Examination of Court Procedures and Religious Norms in the Light of Islamic Law Abdoeh, Nor Mohammad; Riyanta, Riyanta; Wahyuni, Sri
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47045

Abstract

In countries with a Muslim-majority population, legal systems often distinguish between Muslims and non-Muslims, particularly in matters of marriage and divorce. This differentiation creates a structural gap for non-Muslims seeking justice in divorce proceedings, as their rights are frequently not accommodated on an equal basis. The primary objective of this article is to examine the application of Haqq al-Insani al-Asasi within non-Muslim divorce cases in Indonesia, focusing on the implementation of the core Islamic values of justice (al-'adl), equality (al-musawah), and human dignity (karamah insaniyyah). This research employs a qualitative prescriptive design with a normative-juridical approach, drawing upon both literature review and judicial decisions as primary data sources. The study analyses 18 District Court rulings from various regions, including Semarang, Salatiga, Cirebon, Kediri, Magelang, Singkawang, Bekasi, and Manado, to assess how Indonesia’s pluralistic legal system accommodates minority rights within its judicial structure. The framework of Islamic Legal Thought concerning justice, equality, and human dignity serves as the methodological tool for analysing the findings, with data primarily derived from official court documents. The results reveal that the application of Haqq al-Insani al-Asasi in non-Muslim divorce cases remains procedural and formalistic, falling short of achieving substantive justice. Court decisions tend to emphasise factual and administrative aspects while neglecting the moral and theological dimensions inherent in the institution of marriage. This leads to a moral legal dissonance, whereby non-Muslim litigants obtain legal certainty but remain spiritually bound according to their faith traditions. The study identifies three primary challenges: the gap between positive law and religious morality, the structural inequality of Indonesia’s dual-court system, and the limited ethical and spiritual sensitivity in judicial reasoning. These findings underscore the need for a more inclusive, human-centred, and substantively just legal reform that bridges state law and moral theology within Indonesia’s pluralistic judicial context.
Co-Authors Riyanta Riyanta, Riyanta Sri Wahyuni