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All Journal JURNAL ILMIAH GLOBAL EDUCATION Indonesian Journal of Interdisciplinary Islamic Studies (IJIIS)
Nasution, Nindi Aliska
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Tinjauan Yuridis Putusan Pengadilan Agama Stabat No.1062/Pdt. G/2015/PA.Stab Tentang Pembatalan Hibah Perspektif Teori Keadilan Hasibuan, Ahmad Soleh; Nasution, Nindi Aliska
Jurnal Ilmiah Global Education Vol. 5 No. 2 (2024): JURNAL ILMIAH GLOBAL EDUCATION, Volume 5 Nomor 2, Juni 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v5i2.2626

Abstract

This study aims to analyze the decision of the Religious Court Stabat No.1062/Pdt. G/2015/PA.Stab regarding grant cancellation. This study uses a statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of grants uses article 35 paragraph 1, article 36 paragraph 1 of law number 1 of 1974 concerning joint property and article 1338 of the Civil Code regarding agreements/agreement, thus ignoring the article regarding the permissibility of withdrawing a grant object even though the grant is without the approval of other heirs. The panel of judges should ideally be guided by the concept of Maqasid Syari'ah, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family ties, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the legal considerations made by judges in deciding cases of cancellation of grants are inconsistent in terms of the application of the legal system in force in Indonesia because according to him a sense of justice has not been fulfilled for justice seekers.
DISTRIBUTION OF INHERITANCE AGAINST GIRLS: Analysis Study in Tanjung Mompang Village, Panyabungan Utara District, Mandailing Natal Regency Nasution, Nindi Aliska
Indonesian Journal of Interdisciplinary Islamic Studies (IJIIS) Vol. 3, No. 2, March 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/ijiis.vol3.iss2.art5

Abstract

The inheritance is the transition of wealth from one who is edited to his heir realized after the heir passed away. The problems that arise in this study are many people or communities who don't understand the science of Mawaris. In some cases about inheritance in Indonesia, one of which is located in Tanjung Mompang Village, Panyabungan North , South Mandailing Natal, carried out the distribution of inheritance based on traditions that existed and implemented without reference to the provisions of Islamic law. Using a juridical-empirical approach, the paper argued that the division of inheritance in some areas of the population was a majority of Islam but did not prioritize Islamic law in its religious matters, especially those occurring in the village of Tanjung Mompang in Payabungan North , South Mandailing Christmas . There are two focus problems in this paper, 1. How is the implementation of inheritance of property to girls in Tanjung Mompang village? 2. What are the factors that cause the people of Tanjung Mompang Village to implement the distribution of inheritance based on the tradition? The result of this research is the distribution of inheritance that is done in the tradition because of the lack of public awareness about the rule of law in the Division of inheritance and one of the very basic factors that the division of inheritance That is done not legally Islamic which is primarily a public ignorance of the procedure, and consequently many feel unfair, causing a dispute over fellow brothers in the family.
Co-Authors HASIBUAN, AHMAD SOLEH