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All Journal LEGALITAS Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Safitri, Gusti Heliana
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Education Law, Crime, Criminology & Criminal Justice

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KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DI BAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safitri, Gusti Heliana; farizha, Nadia
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (92.176 KB) | DOI: 10.31293/lg.v4i1.4420

Abstract

The problem in this study is the position of children born from marriageunder the hands and how the rights of children to inheritance frommarriage under the hands based on Law Number 1 of 1974 concerningMarriage. Underhand marriage is still happening in Indonesian society.Submarine marriage is a marriage that does not register the marriage tothe authorized institution, namely the Office of Religious Affairs forMuslims and the Civil Registry for non-Muslims. In Article 2 paragraph(2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if itis carried out according to the laws of each religion and its beliefs.However, the validity of marriage in the eyes of religion and public trustneeds to be ratified by the state in order to have legal force.The consequences of marriage under the hands are very bad forthe wife and for children born both legally, socially and psychologically.Other problems that can be caused from marriage under the hands are therights and obligations of husband and wife who are not guaranteed in fullfrom the State. The provisions in Article 42 paragraph (1) of Law Number1 Year 1974 concerning Marriage state that a legitimate child is a childborn from or as a result of a legal marriage. So it can be concluded thatchildren born from underage marriages are illegitimate children or out ofwedlock children. From the results of the research discussion it is knownthat Based on the Decision of the Constitutional Court Number 46 / PUUVIII/ 2010 Testing of Law Number 1 of 1974 concerning Marriage to theState Constitution of the Republic of Indonesia Year 194. It is said thatchildren born outside marriage have a civil relationship with his motherand his mother's family and with his man as his father that can be provenbased on science and technology and / or other evidence so according tothe law he has a blood relationship, including a civil relationship with hisfather's family
PERANAN UNDANG-UNDANG PEMBERANTASAN KORUPSI TERHADAP SAKSI (KASUS RUMAH POTONG HEWAN PEMERINTAH KOTA BALIKPAPAN) Safitri, Gusti Heliana
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (44.255 KB) | DOI: 10.31293/lg.v3i2.4093

Abstract

The aim of this research is to know the corruption in Balikpapan City onthe building of the Rumah Potong Unggas (Chicken Cutting Place). Theresearch method is library one. The data and analysis are taken from thelocal daily news paper. The location of the research is in Balikpapanduring 6 (six) months in 2018/2019. The results of it are (1) Thecorruption strongly happened on the building of RPU Rumah PotongUnggas (Chicken Cutting Place) in Balikpapan; (2) The corruption actionis held by many people; (3) The people involved are from executive andlegislative as well as non-state officers or some member of societyincluding the corporations; (4) The corruption deed is concerning “markup”of the budget. The suggestions are : (1) This action crime has to besolved stricktly; (2) The money corrupted has to be repayed; (3) The lawenforcement has to be executed.
LEGAL REMEDIES AGAINST TRADITIONAL LAND SALE AND PURCHASE DISPUTES IN POSITIVE LAW STUDY Safitri, Gusti Heliana; Ekawati, Ekawati; Sarikun, Sarikun; Hefni Putri, Dina Paramitha; Khairunnisah, Khairunnisah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4273

Abstract

Land is an economic driving object for humans and the state whose use cannot be separated from politics and law, as well as the function of realizing mutual benefit. Conflict over customary land is a social phenomenon that can be explained through various sociological bases. This sociological foundation helps us understand the root causes, dynamics and implications of conflicts related to customary land ownership and use. Customary land disputes can vary depending on the culture, traditions and value systems of the indigenous peoples concerned. resolving customary land disputes often requires a deep understanding of the culture and values of the community, as well as respect for their rights in the context of national and international law. In this case, what legal measures can be taken in relation to disputes regarding customary land from a positive legal perspective in Indonesia The research method is a type of normative legal research or research using the rules in existing laws and regulations and research carried out by collecting data directly in the field from competent parties related to the object under study, because it is in the form of secondary data such as laws and regulations. literature books .       The court decision will regulate the land rights and obligations of each party. disputes over the sale and purchase of customary land can trigger reconsideration of customary regulations or land law in Indonesia. This could mean changes in the practice of buying and selling customary land as a form of implementing agrarian reform with settlement. Settlement of land disputes using the ADR mechanism is carried out based on Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, in conjunction with Law no. 48 of 2009 concerning Judicial Power, and various other legal provisions such as Supreme Court Regulation (PERMA) Number 1 of 2008 concerning Mediation Procedures in Court, which has been replaced by PERMA No. 1 of 2016 concerning Mediation Procedures in Court and Regulation of the Head of the National Land Agency Number 3 of 2011 concerning Management of Assessment and Handling of Land Cases which has been replaced by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning Case Settlement Land. Mediation is carried out according to the agreement between both parties using the help of a mediator as an intermediary.
IMPLICATIONS OF WAKAF AND GRANTS ON THE DISTRIBUTION OF ISLAMIC INHERITANCE: A CONTEMPORARY POSITIVE LAW AND FIQIH PERSPECTIVE Gita, Reka Dea; Rokhim, Abdul; Farahwati; Safitri, Gusti Heliana
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1925

Abstract

This study examines the influence of waqf and grants on the inheritance distribution system in Islamic law, from the perspective of Indonesian positive law and contemporary Islamic jurisprudence. In Islamic teachings, the distribution of inheritance (al-mirats) is regulated in detail through the provisions of the Qur'an and Hadith, and has received in-depth explanations in classical literature and jurisprudence. The phenomenon of grants and waqf, both before and after the death of the testator, creates its own dynamics due to the intersection of provisions of Indonesian positive law, such as the Compilation of Islamic Law (KHI), and classical and contemporary Islamic jurisprudence. Normatively, waqf and grants have different legal consequences that directly impact the rights of heirs, distributive justice, and potential disputes. This study uses a normative legal approach, examining relevant laws, doctrines, fatwas, and court decisions, to highlight the need for regulatory synergy to ensure justice, legal certainty, and social harmony in the distribution of inheritance in Indonesian Muslim society.
Co-Authors Abdul Rokhim Ekawati Ekawati Farahwati Farizha, Nadia Gita, Reka Dea Hefni Putri, Dina Paramitha Khairunnisah Khairunnisah Sarikun, Sarikun