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All Journal Muamalah JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani
Ningsih, Oktaria
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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KEPAILITAN TERHADAP HARTA PENINGGALAN DALAM PERSPEKTIF HUKUM EKONOMI SYARI’AH TELAAH PASAL 207 UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Ningsih, Oktaria; Fauziah, Fauziah; Fitriyati, Yusida
Muamalah Vol 5 No 2 (2019): Muamalah
Publisher : Program Studi Muamalah Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.868 KB)

Abstract

ABSTRACT In line with the development of bankruptcy regulations in Indonesia, there was also bankruptcy of inheritance in which Article 207 of Law Number 37 Year 2004 concerning Bankruptcy and Delay of Debt Payment Obligations stated that "Property of the deceased must be declared bankrupt, if two or more creditors submit a request for it and briefly prove that (1) the debt of the person who died, during his lifetime was not paid in full and (2) at the death of the person, his inheritance is not enough to pay his debt. "Therefore this thesis is titled Bankruptcy Against Property in the Perspective of Shari'ah Economic Law Study Article 207 of Law Number 37 Year 2004 concerning Bankruptcy and Delay of Obligation to Pay Debt. The problems that will be raised in writing this essay are how to settle bankruptcy on assets according to Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payments and how the Shari'ah Economic Law reviews the bankruptcy of inheritance. The research methodology in writing this paper uses a type of literature study (Library Research) that emphasizes the source of information from various literature, the data collection techniques in this study are research with Library Studies. Then the data is analyzed using qualitative descriptive analysis method. Based on the results of the discussion, it was concluded that bankruptcy based on Law Number 37 of 2004 concerning Bankruptcy and Delay of Debt Payment Obligations could also be ruled out by bankruptcy statements. The decision on the Bankruptcy Statement has the effect of legally separating the assets of the deceased from the assets of his heirs. In Syari'ah Economic Law bankruptcy is called Taflis. Bankruptcy is caused by debtor debts that are due. Someone has died who was declared bankrupt, the person who is obliged to pay off the debt is his heir. provided that the heir's responsibility for the heir's debt is limited. Keywoard: Bankruptcy and inheritance.
EKSISTENSI HUKUM ADAT PERKAWINAN MASYARAKAT BAYAN DI KABUPATEN LOMBOK UTARA Ningsih, Oktaria
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 1 No. 1 (2019): Kompleksitas Hukum Administrasi
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v1i1.174

Abstract

The Bayan villagers are known as the Bayan Indigenous Peoples, where in their lives, they always apply customary law rules without abandoning state and religious law, one of which is related to marriage. This study aims to determine and analyze the existence of customary law in the aspects of the social and cultural life of the Bayan Village community and what factors are supporting and inhibiting the existence of customary law in the socio-cultural aspect of the Bayan Village community. The approach used is a qualitative approach with an empirical sociology method. The sampling technique is the Purposive Sampling technique. Sources of data in this study are primary and secondary data sources. To collect research data observation, interview, documentation and literature study techniques are used. Furthermore, the data that has been obtained from the field are analyzed by comparison, then analyzed to draw generalizations or conclusions. This research concludes that up to now the Bayan community has always carried out traditional marriages with a marriage system called Mulang, which in the process began with the Mulang implementation, which at the peak of the event was carried out by the Customary Marriage tradition. This proves that until now the existence of customary law in the socio-cultural life of the community is still strong. The factors that support the existence of customary law in life are: 1) The concept of life of the Bayan community, 2) The existence of Bayan adat institutions in overseeing Bayan customary law, and 3) The strict sanctions of customary law that apply to Bayan villagers. Furthermore, in general fatktor that impedes it is the desire of local people to change their living systems and the lack of Bayan young people who respect the value of customs.
EKSISTENSI HUKUM ADAT PERKAWINAN MASYARAKAT BAYAN DI KABUPATEN LOMBOK UTARA Ningsih, Oktaria
JURIDICA : Jurnal Fakultas Hukum Universitas Gunung Rinjani Vol. 1 No. 1 (2019): Kompleksitas Hukum Administrasi
Publisher : Fakultas Hukum Universitas Gunung Rinjani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46601/juridica.v1i1.174

Abstract

The Bayan villagers are known as the Bayan Indigenous Peoples, where in their lives, they always apply customary law rules without abandoning state and religious law, one of which is related to marriage. This study aims to determine and analyze the existence of customary law in the aspects of the social and cultural life of the Bayan Village community and what factors are supporting and inhibiting the existence of customary law in the socio-cultural aspect of the Bayan Village community. The approach used is a qualitative approach with an empirical sociology method. The sampling technique is the Purposive Sampling technique. Sources of data in this study are primary and secondary data sources. To collect research data observation, interview, documentation and literature study techniques are used. Furthermore, the data that has been obtained from the field are analyzed by comparison, then analyzed to draw generalizations or conclusions. This research concludes that up to now the Bayan community has always carried out traditional marriages with a marriage system called Mulang, which in the process began with the Mulang implementation, which at the peak of the event was carried out by the Customary Marriage tradition. This proves that until now the existence of customary law in the socio-cultural life of the community is still strong. The factors that support the existence of customary law in life are: 1) The concept of life of the Bayan community, 2) The existence of Bayan adat institutions in overseeing Bayan customary law, and 3) The strict sanctions of customary law that apply to Bayan villagers. Furthermore, in general fatktor that impedes it is the desire of local people to change their living systems and the lack of Bayan young people who respect the value of customs.
Co-Authors Ketut Tirtayasa Yusida Fitriyati, Yusida