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Maheswari, Adine Alimah
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Journal : Jurnal Scientia Indonesia

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Method of Determination of Law in Bahtsul Masail Kurniawan, Deden; Maheswari, Adine Alimah
Jurnal Scientia Indonesia Vol 7, No 1 (2021): April 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jsi.v7i1.36146

Abstract

The Bahstul Masa'il Forum was formed at the XXVIII congress in Yogyakarta in 1989, aiming to solve and make decisions in various problems that arise in Islamic law. Since the establishment of the forum, the mujtahids began to carry out ijtihad, one of which was also attended by several members or scholars of Islamic organizations, such as Nahdlatul Ulama. This study aims to determine the method of determining the law in Bahstul Masa'il Nahdlatul Ulama, and the effect of the determination of this method on Islamic law in Indonesia. The method used in this research is normative juridical through a legal and conceptual approach. Sources of data used in this study, which is sourced from secondary data through a study of laws and regulations, journals, books, articles, and other sources. In this study, it was found that the method of determining the law used in Bahstul Masa'il Nahdlatul Ulama, which includes the qauliy, ilhaqiy and manhajiy methods, and there is a discussion system model which is divided into three groups that focus on determining a decision for each problem discussed in the discussion. Bahstsul Masa'il, these problems are divided into three categories, namely waqiyah, maudhu'iyah, and qauniyah. Then, regarding the influence of the method of law-making decisions in Bahstsul Masa'il on Islamic law in Indonesia, it depends on how we take the attitude of looking at this point of view.
Status of Acquired Land Rights of the Cirebon Kasepuhan Palace in the Swapraja Land Case Against the Cirebon City Government Maheswari, Adine Alimah
Jurnal Scientia Indonesia Vol 7, No 2 (2021): October 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jsi.v7i2.36142

Abstract

The establishment of the Basic Regulations on Agrarian Principles or Law Number 5 of 1960 (UUPA) regarding land, especially the regulation in the Fourth Dictum Letter A regarding autonomous lands and former autonomous lands, has caused many conflicts on the status of acquisition of land rights. Since the enactment of the regulation, the land status of the Keraton Kasepuhan Cirebon was declared state-owned by the Cirebon City Government because the land was previously autonomous or ex-self-governing land, but Keraton Kasepuhan Cirebon did not accept this statement. This study aims to determine the status of the land status of the Keraton Kasepuhan Cirebon and regarding the resolution of conflicts between the two parties. The method used in this research is normative juridical through a legal and conceptual approach. The data source used is secondary data through a study through the laws and regulations of books, journals, articles, and other sources. In this study, it was found that the land status of the Keraton Kasepuhan Cirebon was included in the Wewengkon land or land passed down from their ancestors and not included in the category of autonomous land or former autonomous land. Supposedly, the government can be more assertive regarding further regulations on land that is included in the category of self-governing land or former self-governing land, as well as regulate ulayat rights in a clear and detailed manner. This is intended to prevent conflicts over the status of land rights within the community and the state.
Co-Authors Purwoko, Agus