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Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia Najamudin, Najamudin; Fautanu, Idzam; Najib, Moh.; Kania, Dede; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8833

Abstract

The obligatory will regulated in Article 209 of the Compilation of Islamic Law is only for adoptive parents and adopted children, there is no obligatory will for heirs of different religions. On the other hand, there is a need for legal provisions that present a solution to provide part of the inheritance to heirs who do not receive inheritance due to religious differences. The purpose of this research is to analyze the important obligatory will in terms of its necessity, as well as a study of the obligatory will in terms of the procedure or implementation of the obligatory will itself in resolving disputes in court with legal considerations that are certain, fair and beneficial. The research method uses a qualitative method with a normative juridical approach. Primary data was obtained from regulations, laws, verdict numbers: 368 K/AG/1995, 51 K/AG/1999, 16 K/AG/2010, 721 K/AG/2015, 218 K/AG/2016 and 331 K/AG/2018. Supreme Court Decision No. 331 K/AG/2018 as well as the Compilation of Islamic Law (KHI) article 209 and regulations governing mandatory wills, secondary, tertiary data obtained from library studies, books, documents, journals and so on that have the same relevance to this research. The analysis process uses a legal logic approach, which analyzes the norms and laws or regulations that apply in depth, radically, systematically, and logically. The results of this study concluded that the dynamics of religious court decisions regarding compulsory bequests for heirs of different religions vary greatly, some are granted and some are rejected, the consideration depends on the sitting of the case that is disputed in the religious court, while the granting of compulsory bequests for heirs of different religions refers to the opinion who allows it as long as it is a will and the different religion in question is not kafir dzimmi. The effect of this decision becomes jurisprudence as part of the source of law for judges at levels below the Supreme Court. The contribution of the religious court's decision on this matter is that it can become a permanent jurisprudence so that it is proposed as a new article in KHI to fill in the missing article regarding mandatory wills for heirs of different religions.
Application of Progressive Law to Marriage Annulment Cases: Prospects and Development in Indonesia's Religious Court Azmi, Nofan Nurkhafid; Bisri, Hasan; Solehudin, Ending; Saepullah, Usep; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.9230

Abstract

Progressive law is based on the emergence of a sense of dissatisfaction with the theory that has been developed and used as a guide in legal practice in Indonesia, legal theories that have been developed so far, are unable to respond to problems that occur in the reality of society. This has resulted in a sense of public dissatisfaction with the performance of the law and the courts. The value of justice is the main goal to be achieved in law enforcement efforts. Meanwhile, in the case of marriage annulment, there are parties who are dissatisfied with the decision of the first level judge, so they take legal action to a higher level court to answer their dissatisfaction. This research uses a qualitative method with an empirical juridical approach. Primary data obtained from marriage annulment decisions Number 185/Pdt.G/2023/PTA.Bdg, 84/Pdt.G/2023/PTA.Bdg and 106/Pdt.G/2023/PTA.bdg, secondary data obtained from laws, journals and other legal books that have the same relevance as this research. After the data is collected, data analysis is carried out to get answers to the problems raised. This research resulted in several findings. First, the application of progressive law in polygamy licensing cases uses the hermeneutic method, namely the school of philosophy that studies the nature of something to understand something into a clearer object of interpretation, in the case of forced marriage using the legal interpretation method, namely a conclusion in providing an explanation or understanding of a term that is unclear in meaning. Second, the door for judges to apply progressive law will never be closed, in fact it is a necessity by judges, legal problems will continue to exist and continue to develop.
Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property Ritonga, Bakti; Mukhlas, Oyo Sunaryo; Nurrohman; Burhanuddin; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9667

Abstract

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.
Sustainability dalam Perspektif Islam dan Pengaruhnya terhadap Firm Value dan Firm Size melalui Profitabilitas sebagai Variabel Mediasi Suharti, Sri; Mulyawan, Setia; Ridwan, Ahmad Hasan
Nuansa Akademik: Jurnal Pembangunan Masyarakat Vol. 8 No. 1 (2023)
Publisher : Lembaga Dakwah dan Pembangunan Masyarakat Universitas Cokroaminoto Yogyakarta (LDPM UCY)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/jnajpm.v8i1.1582

Abstract

This research is motivated by the demands of stakeholders on companies to implement sustainability. On the other hand, there is management's reluctance to implement it, because they perceive that the implementation of sustainability is not directly related to the company's main activities.The purpose of this research is to analyze the effect of corporate sustainable development (CSD) on firm value (FV) and firm size (FS) through profitability (P) as a mediating variable. This study uses a quantitative approach, and the method of correlation analysis to find the relationship between exogenous latent variables and endogenous latent variables. The data analysis technique used SEM PLS. This study found that CSD had no effect on FV and FS through profitability as a mediating variable. This is because investors tend to invest in companies that have high profitability and pay dividends. The goals of CSD can only be achieved through the transformation of education and technology by the Indonesian people which is currently in progress.
Hermeneutika Hasan Hanafi dalam konteks penafsiran al-Qur’an Mulyaden, Asep; Ridwan, Ahmad Hasan; Riyani, Irma
Hanifiya: Jurnal Studi Agama-Agama Vol. 5 No. 1 (2022): Hanifiya: Jurnal Studi Agama-Agama
Publisher : Program Studi Studi Agama-Agama Pascasarjana UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/hanifiya.v5i1.14959

Abstract

This study was conducted to try to understand Hasan Hanafi's hermeneutic thinking in the context of the interpretation of the Qur'an. Given that the Qur'an is a holy book that deserves to be applied throughout all times and in various places. There are various methods that can be used to interpret the Qur'an. One of them is the hermeneutic approach. Not a few hermeneutic figures who offer various concepts, from orientalists to Muslim scholars themselves. However, the interpretation of the Qur'an with hermeneutics that is relevant to the slogan above is an interpretation that can provide solutions to the problems of the people, especially Muslims. Among the theories that are appropriate and in line with these interests are the hermeneutics offered by Hanafi, namely the emancipatory critical hermeneutics. This model of hermeneutics is a science that determines the relationship between consciousness (critical attitude) and its object, namely the holy book. It has a lasting stage called the historical consciousness phase, the eiditic phase of consciousness, and the practical phase of consciousness. Hermeneutics is a science that can explain God's revelation from letters to reality, from logical to practical, from words to the world, and from God's thoughts into real life.
ISLAMIC ECONOMIC LAW "A CONTINUOUS ECONOMIC STUDY PERSPECTIVE OF ISLAMIC ECONOMIC LAW" Hadiat; Hasan Ridwan, Ahmad; Suntana, Ija; Rumatiga, Hidayat
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ausing a consumptive and materialistic nature which results in environmental damage due to uncontrolled use of resources. This research aims to determine sustainable economics from the perspective of Islamic Economic Law. This article uses a descriptive qualitative method with a normative-empirical approach. This research finds strong arguments and signs that Islamic economics is very concerned with sustainable economics with a focus on optimizing resources without ignoring environmental aspects, so that economic buildings are able to provide sustainable benefits. The real form of a sustainable Islamic economic system is at least visible in sharia banking's concern for the environment.
Simplified Lawsuits in Dispute Resolution Within Sharia Economic Law in Indonesia Solihin, Dadin; Setiadi, Setiadi; Bunyamin, Bubun; Yusup, Deni Kamaludin; Ridwan, Ahmad Hasan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.37265

Abstract

This research is based on the numerous disputes in Sharia economic law within Sharia Business Financial Institutions, legal aid in the field of Sharia economic law, and civil matters that have not been well resolved. The Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) No. 4 of 2019 regulates the resolution of Sharia economic law disputes in a simplified manner. However, the socialization of this regulation to the public is still lacking, causing frequent obstacles in the implementation of this PERMA RI. This research is a literature study with a juridical approach aimed at analyzing the implementation of PERMA RI in the resolution of Sharia economic cases. The primary data in this research includes PERMA RI No. 4 of 2019, PERMA RI No. 14 of 2016, PERMA RI No. 2 of 2015, and PERMA RI No. 1 of 2016. Several relevant cases are used as important data to analyze the implementation of these regulations. The results of this research show that the process of simplified lawsuits in the resolution of Sharia economic disputes, which is expected to be easier, faster, and cheaper in court, has not been realized in accordance with PERMA RI. This needs to be a concern for the Supreme Court because most Sharia economic dispute cases involve companies and the public. If the Supreme Court regulations are not properly implemented in court proceedings, it will create a space for injustice. Therefore, the socialization of these Supreme Court regulations needs to be enhanced by academics and practitioners so that their implementation in the future can be better.
Pemikiran Ekonomi Syariah dan Prinsip - Prinsip Hukum dalam Penerapan Akad Mudharabah Muqayyadah Ade Suryawirawan; Ahmad Hasan Ridwan
Jurnal Bisnis, Ekonomi Syariah, dan Pajak Vol. 2 No. 3 (2025): September : Jurnal Bisnis, Ekonomi Syariah, dan Pajak (JBEP)
Publisher : Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/jbep.v2i3.1462

Abstract

This study examines the philosophy of Islamic economics and the legal principles underlying the implementation of the mudharabah muqayyadah contract in Islamic financial institutions. The mudharabah muqayyadah contract is a form of partnership contract involving the shahibul maal (capital owner) and mudharib (business manager), with provisions limited to a certain scope, so that the implementation of this contract must be based on sharia principles that regulate all forms of financial transactions. This study focuses on how ethical values in Islam are integrated with the legal principles of sharia contracts, particularly in maintaining fair relations between the two parties. Through a normative qualitative approach, data were collected from classical and contemporary literature as well as regulations applicable in the Islamic financial sector. The results show that the mudharabah muqayyadah contract is a manifestation of maqashid al-shariah in economic practice, which aims to safeguard assets, uphold justice, and create balance in economic transactions. The legal principles applied in this contract include freedom of contract, good faith, and fairness, which serve to ensure transparency, accountability, and justice between the parties involved. However, the biggest challenges in implementing the mudharabah muqayyadah contract are the aspects of supervision and compliance with sharia principles, as well as technical practices that are often influenced by conventional systems. Therefore, this study recommends the need to strengthen education on sharia philosophy for practitioners in the Islamic financial sector, as well as the need for regulatory harmonization to ensure the fair implementation of the contract, in accordance with the transcendental values taught in Islam. Furthermore, harmonization of regulations governing the mudharabah muqayyadah contract is also crucial to create uniformity in practice across Islamic financial institutions. Clear and firm regulations will reduce the potential for misinterpretation that can lead to bias against the interests of one party.
The Relevance and Contribution of Al Ghazali's Thought in Islamic Business Ethics: An Overview Suherli, Ian Rakhamawan; Ridwan, Ahmad Hasan; Kusuma, Nurul Rahmah; Qarni, Muhammad Al; Azzahro, Naufi Fajria; Sutira, Andri
Jurnal Ilmiah Ekonomi Islam Vol. 9 No. 3 (2023): JIEI : Vol.9, No.3, 2023
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v9i3.10814

Abstract

Ethics in business, can be interpreted by learning about the difference between good and right with bad and wrong in the business environment based on moral values added to halal rules and then haram, then Islam interprets business ethics as a collection of ethical attitudes and behaviors of business that are based on religious teachings by prioritizing halal and haram first. General provisions in thinking, especially business ethics according to Islam which is a science contained in the Qur'an and Al Hadith, which needs to be used as the main reference by all Islamic business actors so that in carrying out activities not only oriented to get world prosperity but also obtain prosperity hereafter. Al Ghazali has conveyed the basic principles in an effort to obtain worldly wealth as well as the Hereafter, namely with the instructions he gave on how to behave in business, basically adapted to the guidance of Islamic teachings both the Qur'an and As Sunnah or Al Hadith.
Legal Framework for Protecting Online Business Transactions in Indonesia: A Sharia Economic Law Perspective Setiadi, Setiadi; Solihin, Dadin; Hasan Ridwan, Ahmad; Kamaludin Yusup , Deni; Hasanuddin, Muhammad
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1277

Abstract

This research departs from the limited study of legal protection for online business actors from the perspective of Sharia economic law, even though this issue has a strategic role in the development of the digital economy in Indonesia. The purpose of the research is to analyze the implementation of legal protection, identify obstacles and solutions, examine the integration of Sharia principles in regulations, and explore the prospects of Sharia-based digital legal development. The method used is qualitative with a juridical-normative and descriptive-analytical approach. Data was obtained through literature studies, interviews, observations, and documentation, and then analyzed thematically. The results of the study show that regulations are still fragmented and consumer-oriented, so that the protection of Islamic business actors is not proportional. The challenges that arise include low digital legal literacy, limited legal infrastructure, and disharmony between the DSN-MUI fatwa and national law. The research concludes the need for regulatory reform through legal harmonization, institutional synergy, and the establishment of special regulators. Research contributions include strengthening the legal literature on digital Sharia economics as well as practical recommendations for policymakers.
Co-Authors Acim, Acim Aden Rosadi Ahmad Fathonih, Ahmad Ahmad Lukman Nugraha ahmad yani Ajid Thohir Akbar, Wahyu Akhmadi, Nurman Anton Athoilah, Mohamad asnan purba Asri Sundari Astiti, Ni Nyoman Adi Athoillah, Mohamad Anton Azmi, Nofan Nurkhafid Azzahra, Shalsabila Azzahro, Naufi Fajria Baehaqi Bainon, Masalan Bunyamin, Bubun Burhanuddin Cahyano, Heru Camila, Vanisa Candra Boy Seroza Chandra Dede Kania Devika Rosa guspita Dwi Widiastuti, Dwi Dzikrayah, Fithri Eko Budiono Enceng Iip Syaripudin Ending Solehuddin Ending Solehudin Ezzerouali, Souad Farikhin, Ahmad Fariz, Luthfi Ahmad Fatahillah, Ikhwan Aulia Fauzan Ali Rasyid Furkony, Deni Konkon Furkony Gugun Sodik Hadiat Hadiat Hadiat Hakim, Atang Abdul Hasan Bisri Hurun'in, Siti Zayyini I Nurol Aen Ian Rakhamawan Suherli Idzam Fautanu Ihrom Jaelani Ika Atikah Irfan Safrudin Ismail Bin Mohd Jamaludin, Jujun Jefry Tarantang Juarsa, Eka Kamaludin Yusup , Deni Kamaludin Yusup, Deni Khaeruman, Badri Kharisma Utami, Citra Khosi’ah, Siah Khosi’ah, Siah Khosyi’ah, Siah Koidin Kurnia, Kiki Kusuma, Nurul Rahmah Lathifaturahmah Lina Pusvisasari Lina Pusvisasari Madani, Farid Mahmud Mahmud Moh. Asep Zakariya Ansori Moh. Najib Muhamad Abdul Kholik Muhammad Al Qarni Muhammad Hasanuddin, Muhammad Muhammad Hishnul Islam Muhammad Husni Abdulah Pakarti Muhammad Yunus Muharni, Yusraini Mujiburohman, Mujiburohman Mukhlas, Oyo Sunaryo Mulyaden, Asep Mulyasari, Heni Musaiyana, Musaiyana Mustofa Mustofa Najamudin Najamudin Najib, Moh. Nanang Sobarna Nasrulloh, Agus Ahmad Naufi Fajria Azzahro Nurhikmah, Aulia Nurrahmi S., Anti Nurrohman Nurrohman Syarif, Nurrohman Nurul Rahmah Kusuma Nurwijayanti Qarni, Muhammad Al Rahmat, Asep Rahmi Widia Aliani Abubakar Ramdani Wahyu Sururie Ridwan , Achmad Ritonga, Bakti Riyani, Irma Rollis, Rollis Rumatiga, Hidayat Saepullah, Usep Sahid, Mualimin Mochammad Sahrul Hanafi Salsabila, Salsabila Santika, Ganjar Sari Damayanti, Sari Selasi, Dini Seroza, Candra Boy Setia Mulyawan, Setia Setiadi Setiadi Sofyan Al-Hakim Sohifah, Sohifah Solehuddin, Ending Solihin, Dadin Soni Zakaria Sri Dewi Anggadini Sri Suharti Suherli, Ian Rakhamawan Suherli, Ian Rakhmawan Sulaeman Sundari, Asri Suntana, Ija Suryawirawan, Ade Sutira, Andri Vidiati, Cory Yadi Janwari Yeni Hendriyani Yunus Rusyana, Ayi Zaky, Muhammad