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All Journal University Of Bengkulu Law Journal Bengkoelen Justice : Jurnal Ilmu Hukum Priviet Social Sciences Journal Jurnal Ilmiah Kutei
Muslih, Akhmad
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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MODEL KERUKUNAN DAN TOLERANSI ANTAR UMAT BERLAINAN AGAMA BERBASIS HUKUM ADAT ENGGANO PADA MASYARAKAT TERISOLIR DAN TERPENCIL DI PULAU ENGGANO Muslih, Akhmad; Sauni, Herawan; Sofyan, Tito; Susetyanto, Joko
Jurnal Ilmiah Kutei Vol 20 No 2 (2021)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jkutei.v20i2.20487

Abstract

AbstrakTujuan penelitian ini adalah untuk menjelaskan dan mendeskripsikan: model kerukunan dan toleransi antar pemeluk agama yang berbeda agama berdasarkan hukum adat Enggano. Metode penelitian menggunakan pendekatan kualitatif dan antropologi hukum. Teknik pengumpulan data adalah observasi, wawancara mendalam dan pengumpulan data sekunder. Penentuan informan dilakukan secara purposive, yaitu informan kunci ditentukan oleh peneliti sendiri berdasarkan pertimbangan memiliki pendidikan, jabatan, dan pengalaman yang memadai. Analisis data bersifat kualitatif, yang dilakukan secara terus menerus dari awal penelitian hingga akhir penelitian. Hasil penelitian adalah: model kerukunan dan toleransi antarumat beragama berdasarkan hukum adat pada masyarakat terpencil dan terpencil di Pulau Enggano, yang didasarkan dan berpedoman pada: (1) sejarah masuknya agama pada Pulau Enggano; (2) kehidupan sosial suku Enggano; (3) sistem kepemimpinan tradisional dalam kehidupan masyarakat suku Enggano; (4) sistem gotong royong (gotong royong) dalam kehidupan sosial masyarakat suku Enggano; dan (5) lembaga perdamaian adat untuk menjaga ketertiban dan ketahanan dalam kehidupan sosial masyarakat suku Enggano.Kata Kunci: Hukum Adat Enggano, Model Kerukunan dan Toleransi
Studi Perbandingan Pembagian Warisan Menurut Sistem Hukum Waris Adat Kaum Dengan Sistem Hukum Waris Islam Di Kecamatan Kota Mukomuko Kabupaten Mukomuko Muslih, Akhmad; Sauni, Herawan; Sofyan, Tito
Jurnal Ilmiah Kutei Vol 22 No 2 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jkutei.v22i2.31289

Abstract

This research aims to find knowledge about comparing inheritance distribution according to the traditional Kaum inheritance law system with the Islamic inheritance law system in Kota Mukomuko District, Mukomuko Regency. The method used is an empirical research method with comparative and qualitative approaches. The research results are as follows: First, in traditional inheritance, girls receive more inheritance assets than boys, except for high inheritance assets and sukang/soaring assets, because the people of Mukomuko City District adhere to the matrilineal principle in determining inheritance rights, low inheritance assets, livelihood assets, following matrilineal principles. Second, the division of inheritance in Islamic law has been stipulated in the Al-Qur'an in detail using mathematical calculations, as in the Al-Qur'an Surah An-Nisa verses (7), (11), (12), (33), and (176). Every heir from Dzawil Furudh, Ashabah, or Dzawil Arham gets a clear, systematic and unmixed share. In the principle of distribution of Islamic inheritance, sons receive a larger share than daughters; in principle, men are responsible for their children and wives; women have personal rights to their property, such as women's property from the results of their work, women's property is her property, apart from her husband's property. Third, the Kaum customary law system "privileges female heirs" with matrilineal principles, and the Islamic inheritance law system "privileges sons." there is an opinion that Islamic law follows patrilineal principles. The traditional Kaum inheritance law system is individual-collective. In contrast, the Islamic Law inheritance system is individual-bilateral, prioritizing balanced justice in life, placing the best and fairest principles in transferring a person's ownership after death to his heirs; all heirs get rights, without distinguishing between men and women, big or small.
EFEKTIVITAS PENYALURAN ZAKAT SEBAGAI BANTUAN MODAL USAHA KEPADA PEDAGANG KAKI LIMA (PKL) OLEH BADAN AMIL ZAKAT NASIONAL (BAZNAS) DALAM PROGRAM LAHAT PEDULI DI KABUPATEN LAHAT Prayoga, Rendi; Arso, Dimas Dwi; Muslih, Akhmad
University Of Bengkulu Law Journal Vol. 8 No. 2 (2023): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v8i2.37005

Abstract

The poverty rate is still very large in Indonesia, this is due to the still high unemployment rate and this situation is getting worse with the Covid-19 outbreak which threatens the whole world. One of the efforts that can be made by the community in an effort to fulfill their daily needs is to become street vendors (PKL). However, they also have obstacles in running their business because they still have limited capital and this can be helped by providing business capital assistance whose sources of funds come from zakat where the institution that manages zakat funds is the National Zakat Amil Agency (BAZNAS). The purpose of this research is to find out whether the distribution of zakat funds as venture capital assistance to MSME actors by BAZNAS in the Lahat Care program in Lahat Regency has yielded effective results or not. As well as how the responsibility of BAZNAS Lahat Regency in terms of distribution of zakat funds. The type of research used in this research is empirical law. In empirical legal research law is conceptualized as an empirical phenomenon that can be observed in real life, law is empirically a symptom of society, on the one hand it can be studied as an independent variable or cause (independent variable) which gives rise to consequences in various aspects of social life. As a result, from the process of collecting zakat funds to distributing zakat funds to business actors, it has had an effective impact, many have benefited from the Lahat Cares program from BAZNAS. The SIMBA application (BAZNAS Management Information System) is an online integrated application that can be accessed by the public as a form of BAZNAS' responsibility to show transparency.
Proof of marital seizure against joint property in a marriage resulting from divorce (A case study of decisions no. 533/Pdt.G/2021/Pa.Bn And No. 561/Pdt.G/2025/Pa.Krw) Rikal, Rikal; Muslih, Akhmad; Wafiya, Wafiya
Priviet Social Sciences Journal Vol. 5 No. 11 (2025): November 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i11.897

Abstract

The marital beslag plays an important role in protecting common property. The urgency of submitting a marital beslag request was to protect the integrity of the communal property so that, during the process, neither the husband nor the wife could transfer the communal property to a third party. Sometimes, the marital beslag request might have been granted or denied by the judge. The purpose of this research was to understand and analyze the reasons why judges did not grant marital beslag requests, to understand and analyze the evidence of the marital beslag submitted by the plaintiff so that it could be accepted by the judge, and to examine and analyze Religious Court Decision Number 533/Pdt. G/2021/PA.Bn and Decision No. 561/Pdt. Bn. G/2025/PA.Krw regarding marital status. This study employs normative legal research. The research approach used in this thesis is legislative, conceptual, and case-based. The analysis results indicate that (1) In Decision Number 533/Pdt. G/2021/PA.Bn, a marital beslag could not be granted because the lawsuit was declared obscuur libel (vague/unclear), thus formally not meeting the requirements of legal proceedings (Article 8 RBg jo. Article 118 HIR). Meanwhile, in Decision No. 561/Pdt. G/2025/PA.Krw, the marital beslag was denied because the divorce lawsuit as the main matter was not materially proven, so the matter of joint property along with its marital beslag was automatically not accepted; (2) The requirements for accepting marital beslag are: the lawsuit must not be vague, the object of the dispute must be described in detail; there must be authentic evidence demonstrating that the property is joint property acquired during the marriage; there must be urgent reasons to protect the property from potential transfer or concealment; and the seizure must not harm third parties. Failure to meet these requirements, both formally and materially, results in the denial of the marital beslag request. The rejection of marital beslag in Decision Number 533/Pdt. G/2021/PA.Bn and Decision No. 561/Pdt.G/2025/PA.Krw emphasizes that a request for marital beslag could only be granted if it met the formal and material requirements according to the provisions of civil procedural law.
THE UNDERHAND DIVORCE AND ITS IMPACTS ON CHILD CUSTODY ACCORDING TO ISLAMIC LAW AND POSITIVE LAW: (A Study in Seginim Subdistrict, South Bengkulu Regency) Hardego, Saswin; Muslih, Akhmad; Dahwal, Sirman
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37262

Abstract

This research examines a. How does the underhand divorce and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? b. What are the factors leading to underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? c. How do underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency, align with Islamic Law and Positive Law in Indonesia? This study employs an empirical legal research method. It uses a qualitative approach by determining the research location and informants through in-depth interviews, followed by analysis using a juridical-qualitative method. The research findings are: 1. The underhand divorce is driven by economic reasons and the complexity of legal processes considered burdensome and expensive. This includes cases where the husband leaves the household or infidelity occurs, forcing couples to choose underhand means to end the marriage. The impact of such divorces in Seginim includes injustices related to iddah as waiting period and hadanah support for ex-wives and children. Many do not fully receive these rights post-divorce, worsening their financial and social conditions. 2. Factors leading to underhand divorces in Seginim Subdistrict, South Bengkulu Regency, and its impact on child custody, as follows: Traditional Practices: Underhand divorces have been a long-standing custom in Seginim society. Although Islamic law considers such divorces valid, the state does not recognize them. Lack of Legal Awareness: The people of Seginim often do not understand or do not care about national legal regulations regarding divorce. Personal Issues and Economic Constraints: Divorce is often viewed as a stigma, leading to it being carried out quietly. Impact on Child Custody: The unofficial divorce process can negatively affect child custody arrangements. 3. Underhand divorce affects not only the legal status of the spouses but also significantly impacts child custody. Under both Islamic law and Indonesian positive law, divorces that do not go through the court can result in legal uncertainty that negatively affects children's rights, such as financial support and custody rights. Therefore, it is crucial for divorcing couples to undergo the divorce process through the court to ensure legal certainty and protection of children's rights. Keywords: Divorce, Underhand, Child
Co-Authors Arso, Dimas Dwi Dahwal, Sirman Hardego, Saswin Prayoga, Rendi Rikal, Rikal SAUNI, HERAWAN Susetyanto, Joko Tito Sofyan wafiya wafiya, wafiya