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Penetrasi Konsep Hibah Dalam Proses Pembagian Waris Nuryamin, Nuryamin; Farid, Diana
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.130

Abstract

Basically, a property owner has the right and freedom to give (gift) his property to anyone, including his children, provided that the gift (gift) does not cover and does not reduce other rights as heirs. If the terms and conditions are met, then the grant is valid. Meanwhile, the right of the recipient of the gift to the inheritance is absolutely his share as an heir without having to be reduced as a result of obtaining the gift as long as the heir does not lose his inheritance rights, because the gift has nothing to do with inheritance. Thus, the inherited assets obtained are not counted as inheritance, so that he is entitled to inheritance assets according to what he should receive as part of the inheritance after the parent (heir) dies. Gift giving in Islamic Law is limited to a maximum of 1/3 (one third) of the grantor's assets. In the event that gifts are made to children (heirs), the limitation is that gifts must be made based on the principle of justice. This limitation on grant giving is provided to protect the rights of the heirs after the grantor dies, so the main aim of the grant is to strengthen friendly relations. Apart from the maximum limits regulated in Islamic Law (KHI), Customary Law and BW also provide the same limits in granting grants. This is intended to protect the rights of the heirs and to avoid losses suffered by the heirs whose share cannot be reduced according to law, so that with this gift the share of the heirs becomes less than what they should receive.
Legal Implications of The Formation of Tourist Villages on Collective Community Rights In The Management of Community Based Tourism Destinations Rachmawati, Meida; Farid, Diana; Mohammad Altalahmeh, Nadeem Sami; Octivia, Annisa Elda; Murbani, Anastasia Wahyu
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.464

Abstract

The establishment of tourist villages as a local development strategy has grown rapidly along with increasing awareness of the importance of community involvement in managing the tourism sector. Community-managed tourist villages serve not only as a means of economic development but also as an instrument for sustainable cultural and environmental preservation. However, this process poses legal challenges, particularly regarding the recognition and protection of community collective rights over local resources. The study aims to analyze the legal implications of the establishment of tourist villages on community collective rights, emphasizing the importance of participatory and equitable community-based governance. The method used is normative juridical research with a legislative and conceptual approach. The analysis was conducted on Law Number 6 of 2014 concerning Villages, Law Number 10 of 2009 concerning Tourism, and Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 7 of 2023, which stipulates the priority use of village funds, including for the tourism sector. The research results indicate that despite the existence of a supporting legal framework, there is still a gap between normative regulations and implementation in the field. The lack of harmonization between national and local regulations, weak oversight of village funds, and the risk of commercializing village assets without community involvement are key challenges. Strengthening village regulations, establishing fair cooperation mechanisms, and active community involvement are needed to ensure that tourism villages truly become spaces for strengthening collective rights and village independence.