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All Journal Dinasti International Journal of Digital Business Management LEGAL BRIEF Journal of Law, Education and Business MARAS : Jurnal Penelitian Multidisplin Jurnal Akuntansi Hukum dan Edukasi
Irawan, Ryan
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : LEGAL BRIEF

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Legal Analysis of Regional Government Obligations to Provide Burial Land from the Maslahah Mursalah Perspective (Case in Brohol Village, Sei Suka District, Batu Bara Regency Irawan, Ryan; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1370

Abstract

This study aims to analyze the government's obligation to provide burial land based on the perspective of positive law in Indonesia and the theory of maslahah mursalah in Islamic law. This study focuses on the case of Brohol Village, Sei Suka District, Batu Bara Regency, which faces the unavailability of burial land due to the lack of attention and active role from the government. The research method used in this study is empirical juridical. The approach used by the researcher is a qualitative approach with descriptive analysis. with primary data collection based on observation and interviews while secondary data is based on literature studies. The results of this study indicate that Brohol Village still does not have land for burial. Based on the Law and the perspective of maslahah mursalah, the Regional Government and Village Government have an obligation to provide burial land used for the Brohol Village community. However, in reality, the government has not yet fulfilled this obligation until the time this research was conducted
Co-Authors Arifin Sitio Bayu Saputra Budi Harianto, Budi Dalimunthe, Nikmah Khaliq, Hafiz Monika Shinta, Jeesica Tarigan, Tetty Marlina Wismanto Wismanto