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All Journal Al-'Adalah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Hukama: The Indonesian Journal of Islamic Family Law Jurnal Hukum Islam dan Hukum Keluarga Journal of Shariah Economic Law
Ma'u, Dahlia Haliah
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Hukum Islam dan Hukum Keluarga

 1 
WAKAF HAK ATAS KEKAYAAN INTELEKTUAL DALAM TINJAUAN HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF: (Studi Kasus Pasal 16 ayat 3 Huruf E Hak Atas Kekayaan Intelektual) Syafi'ie, Imam; Ma'u, Dahlia Haliah; Ardiansyah, Ardiansyah
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.961

Abstract

This research explains waqf for intellectual property and reviews of Islamic law. As well as answering and knowing: 1) the position of intellectual property rights as an object of waqf in the concept of Islamic law. 2) implementation of the endowment of intellectual property rights if the wakif dies. The position of intellectual property rights as an object of waqf is explained in the Case Study of Article 16 paragraph 3 Letter E of Law Number 41 of 2004 concerning Waqf, as well as the Islamic religious perspective. This research is included in the descriptive qualitative research cluster using a library research approach (literature study), a way of collecting data in research by collecting literary sources such as books that explain waqf, journals related to research, and books that discuss waqf. intellectual property rights, the method of validating data from this research uses four criteria, namely reliability, transferability, reliability and verifiability, and data analysis techniques with data reduction, data display, and data withdrawal. This research shows that: 1) the position of Intellectual Property Rights in Islamic law. The position of intellectual waqf property rights when they become the object of waqf. There are many opinions about this, but in essence, all of them allow or are legal in waqf rights. Even though IPR waqf is basically rarely done, it is permitted by all Islamic schools of thought. Waqf that does not materialize, such as art or the identity of an item, is legally waqf, and the terms return to the basic law of waqf. 2) Implementation of the endowment of Intellectual Property Rights when the person providing the endowment dies. The position of giving IPR is if the waqf is issued before death, then the gift is continued based on the deed, because the gift is a legal act of waqf to separate/transfer part of one's property rights to be used according to the rights and values ??of worship of both the living and the dead. The reward is then received by the reward waqif, so that the reward continues and the waqf remains valid in religious law and in the context of the state.
URGENSI PENCANTUMAN HAK-HAK ISTRI DALAM GUGATAN CERAI DI PENGADILAN AGAMA KELAS I-A PONTIANAK Febriani, Sabila; Ma'u, Dahlia Haliah; Muzammil, Sa’dulloh
Al-Usroh Vol. 4 No. 1 (2024): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v4i1.1368

Abstract

The purpose of this research are to know: 1) Why did the inclusion of wives’ rights come as a requisite for filing a divorce at the religion court of the I-A Pontianak; 2) the effect of filing wives’ rights in filing for divorce at the religion court of the I-A Pontianak. Researchers use qualitative methods of study with a type of empirical judicial research and a qualitative approach. Data sources use the primary data of the religious court judge as a source in interviews conducted by researchers. While secondary data sources include a compilation of Islamic law, SEMA, PERMA, a letter from the Dirjen Badilag of the republic of Indonesia, books, journals, articles, and so forth on the research topic. A data-collection technique that conducting interviews and accompanied by documentation. Then technical data analysis, researchers performed data reduction, data presentation and came up with a conclusion. Then, the data was verified by the member check. The result of this study show that: 1) The inclusion of wives’ rights as a requisite for filing a divorce isn’t a requirement for filing a divorce at the religious court of the I-A Pontianak. But, the inclusion of women’s rights after divorce is highly recommended, because it has a rule over such rights, which is the rights of the post-female population of iddah living, of mut’ah and madhiyyah; 2) The positive effect of these regulations is to provide protection for women’s rights after divorce and to give their wives an advantage in post-divorce finance, while the negative effects of the divorce lawsuit that the wife makes are even higher than the husband’s. The effect of women’s rights after the divorce also affects the level of legal compliance, and the effect on the divorce proceedings is that it can make the trial long to the point of proof.
PELAKSANAAN KEWAJIBAN AYAH DAN UPAYA HUKUM IBU DALAM MEMBERI NAFKAH KEPADA ANAK PASCA PERCERAIAN DI KECAMATAN KAPUAS KABUPATEN SANGGAU Ananda, Wellanda Umi Fitri; Ma'u, Dahlia Haliah; Ardiansyah, Ardiansyah
Al-Usroh Vol. 3 No. 1 (2023): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-usroh.v3i1.907

Abstract

Research aims; 1) Describe the practice of father's obligation to support children after divorce in Kapuas District, Sanggau Regency; 2) Describe the efforts that must be made by mothers so that fathers complete their responsibilities in supporting their children after separation in Kapuas District, Sanggau Regency. In this study, the researcher uses a field research type of research, namely to find out a phenomenon that occurs in the field by seeking as much data as possible and as accurately as possible with the facts that occur. In this appropriate examination technique to decide on the implementation of the father's commitment in providing a living for the child. Data collection methods used by scientists are perception, encounter and documentation. The findings of this study indicate that the implementation of the father's obligations in providing for his child after a divorce occurs in the Kapuas District, Sanggau Regency, varies. Gradually, the arrangement of living by the father was done voluntarily and not implemented. Meanwhile, the legal action that must be taken by the mother so that the father carries out his obligation to bear their children after the separation is that the mother has the right to file an objection regarding the child's maintenance to the Religious Court, if after the decision there is no good faith from the father. So the mother can submit an execution to the Religious Court with a note that the mother knows the financial ability of the ex-husband and what assets the husband has, in order to make it easier for the Court to execute him. In civil law there is no legal consequence that binds the father if he is negligent in providing a child's support, there is only an act of execution in the form of auctioning the goods or property owned by the father to pay for the child's debt. This execution can be carried out at the request of the mother, if there is no submission from the mother, then there is no punishment for the father. But in criminal law, the mother can file a criminal case against child abuse. So that the father can be punished physically, namely in prison. In Law No. 23 of 2004 concerning the Elimination of Domestic Violence, article 9 paragraph (1).
Co-Authors Ananda, Wellanda Umi Fitri Andini, Irda ARDIANSYAH ARDIANSYAH Azizah, Hergi Novfitrianingsih Febriani, Sabila Hakimah, Nur Muhammad Hasan Muzammil, Sa’dulloh Nursafitri, Melisa Rahayu, Rita Mustika Rahmiani, Nur Sahid, Muallimin Mochammad Syafi'ie, Imam wagiyem, wagiyem