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Akhmad Khisni
Faculty of Law UNISSULA
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Review Of Implementation Endowments Authority Relating To The Under Hand Agreement Made By Waqif (Case Study In Kua Wonosalam, Demak) Dewi Farhati; Akhmad Khisni
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3256

Abstract

Waqf is a legal act of Waqif to separate and or hand over part of their wealth to be exploited forever or for a specified period. Usefulness of waqf itself for purposes of worship or public welfare according to the Shari'a. The purpose of the endowment given to nadzir of Waqif is to utilize waqf property in accordance with its function. The method used is a method socio-juridical with descriptive analytical research specifications, while the data analysis method used is qualitative analysis. Based on the results of research and discussion can be concluded that the power of the waqf agreement under the hand can be executed as long as their witnesses from several parties. During the relevant parties agree to the provision of the giiving waqf endowments by Waqif to nadzir have a valid legal provisions. Legally positive endowments implementation should be done with a pledge made before the Endowment Agreement Official Pledge (PPAIW) with two witnesses and should be made in the form of an agreement of Pledge of Endowments pursuant to Article 17 of Act No. 41 of 2004 on waqf: 1. Endowments statement implemented by Waqif to nadzir before PPAIW to be implemented by two witness; 2. Endowments statement referred to in paragraph (1) shall be declared orally and / or in writing and set forth in the agreement of pledge endowments by PPAIW.Keywords: Waqf, Endowments Authority, Under Hand Agreement.
The Role And Responsibility Of Public Notary To The Agreement Of Bequest Which Made (Legal Studies of the Revoked Bequest to the Children by Their Parents) Devi Sulastyo Pinuji Wibawa; Akhmad Khisni
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3082

Abstract

A bequest is a gift from someone to others in the end of his/ her life. A bequest can be given to anybody, including friend, relative, or the biological children. A bequest is included in the “free” agreement (om niet). It means there must be an achievement for one side, while another one doesn’t need giving contra-achievement as a reward. This kind of agreement is also called as “unilateral” as a contrary of “bilateral” agreement. Generally, the agreement has feedback, as commonly there should be the one who undertakes an achievement as he/she will receive a contra-achievement. The definition above is according to the content of paragraph 1666 of the Book of Civil Law, which explains that bequest cannot be revoked. Contrary to the paragraph 212 of the Compilation of Islamic Law that explains that parents’ bequest to their children can be revoked. Which law should be taken as a fundamental law to answer this case? Here, the role and responsibilities of a public notary are very needed to solve the case.Keywords: Bequest; Role; Responsibility; Public Notary.
Juridical Review Of Agreement And Adoption Law Due For Adopted Children When Adopted Parent Lift Divorce Etik Kuswanti; Akhmad Khisni
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3258

Abstract

Kids are important in human life, a lot of people who are expecting the presence of children as successor descent but some have not given credence to be given the baby. Adoption is an alternative to get around this problem. One polemics are legal consequences for adopted children when the father of the foster mother divorced. This study aims to determine hadhanah for adopted children when the father of the foster mother divorced. This research using normative juridical approach, ie an approach based on the decision of the Supreme Court, law and jurisprudence. The results show that the Islamic Law Compilation (KHI) stated position adopted child the same as biological children they both get Hadhanah, except in the case of nasab so do not get the inheritance, but was borrowed for adopted children as contained only one-third. In the case of child maintenance rights for the adopted child under age, the rights given to a foster mother, if an adult or child is old enough lift may choose to want to go with whom, nevertheless all maintenance fees charged to the adopted child's adoptive father. Custody and all the costs of the foster child needs to last until the adopted child an adult, independent or have been married. If the adopted child if the woman he would marry then it could be a guardian of marriage are biological parents or biological relatives. So although the adoptive mother divorced fathers still be obliged to maintain and educate the adopted child.Keywords: Judicial Review, Adoption, Legal Consequences, Divorce
The Role Of The Supervisory Council Of The Regional Notary (MPD) In The Notary Code Enforcement Under Act No. 2 Of 2014 In Subang Aep Saepudin; Akhmad Khisni
Jurnal Akta Vol 6, No 1 (2019): March 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i1.4250

Abstract

The purpose of this research is to know and understand the role of the Notary Supervisory Council of Regions (MPD) Based on Act No. 2 of 2014, and to know and understand the code of ethics enforcement practices notary office in Subang.Based on the results of data analysis is concluded, that obtained a description of some of the measures that will be implemented by the Council of Regional Supervising Notary Subang district, in addition to the authority in accordance with the rules of the existing Assembly Regional Supervising Notary Subang district also did sosilisasisosialisasi to the parties associated with the profession of Notary among other elements of society, academic elements, the Indonesian National Police. Regarding the agencies that supervise the Notary prior to the enactment UUJN conducted by the District Court results are not optimal this is due to a lack of understanding Supervisory Judge of the profession Notary, while supervision and examination of the Notary conducted by the Council of Trustees, in which there are elements of Notaries, thus at least Notary supervised and examined by the Supervisory Council members are definitely better understand the world Notary. Keywords: Notary Supervisory Council of Regions; Code; Notary.
Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee Daniel Budi Hardwianto; Akhmad Khisni
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3179

Abstract

This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.
Crime Murder Investigation Process of Infant in Order by Biological Mother on Child Protection in Polres Purworejo Jurisdiction (Case Study in Polsek Butuh Purworejo) Yuliantoro Yuliantoro; Akhmad Khisni
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i3.3351

Abstract

The aim in this study were 1) to determine analyze the process of investigation of criminal infanticide by the biological mother in Polsek Butuh Purworejo; 2) to assess and analyze the process of investigation of criminal infanticide by the biological mother can provide protection for children; and 3) to study and analyze the obstacles encountered in the process of criminal investigation of infanticide by the biological mother. The method used in this research is empirical juridical approach or in other words the socio-juridical. Specifications of this research is descriptive. Data used in this study are primary and secondary data. The collection of data used in this research is to study literature and interviews. Analysis of the data used in this study is qualitative. In this study thatcriminal investigation process by the biological mother infanticide in Purworejo district police Butuh a police station covering the investigator, attack, inspection, and final completion and submission of the case file. The process of criminal investigation of infanticide by the biological mother can provide protection for children, in addition to whether or not made his case investigation conducted by the police of all elements also determine the chapter to be used against the offender. Investigators in the case of infanticide ensnared by the biological mother can use Article 80 paragraph (3), (4) by Act No. 35 Of 2014 on Amendment Act No. 23 of 2002 on the Protection of the Child, Article 338 of the Criminal Code. In the process of investigation of criminal offenses committed infanticide by the biological mother still there are issues both internally and externally, namely the ability of investigators that witnesses are hard to find at the scene.Keywords: Investigation; Crime; Killing Infant; Child Protection.
Pregnancy Married in The Perspective of Four Madzhab and Compilation of Islamic Law (KHI) Ahmad Mustarsidin; Akhmad Khisni
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i3.3370

Abstract

Ulama were differed concerning in pregnancy married. Pregnancy married is a marriage that takes place between men with a woman who is pregnant because of adultery. The opinion of the problem in this paper on the pregnancy married in the perspective of four madzhab and compilation of islamic law is not the same.  Madzhab Hanafi and Syafi’i absolutely allow pregnancy married, but in terms of intercourse they have different opinions. Hanafi view when marrying is that impregnates the intercourse is allowed after the marriage ceremony without waiting for the wife gave birth to first, but if that is not who got married, the husband should not intercourse his wife to give birth first. Syafi’i found men who married the pregnant woman is absolutely allowed to have intercourse, both the man who impregnated or not. Instead, Maliki and Hanbali implicitly prohibits pregnancy married, had to wait for the woman giving birth. Even in the Hanbali sect imposed additional conditions, the woman should repent significantly to Allah SWT. Both schools of thought have asserted that the law is invalid pregnancy married. The Compilation of Islamic Law has its own opinion. The provisions on pregnancy married in the Compilation of Islamic law under Article 53 which consists of three (3) paragraph.Keywords: Pregnancy Married, Compilation of Islamic Law.
Investigation Procedures in Implementing Diversion on Case Against Children's Traffic Accident Police in Purworejo Mochammad Ipnu Wardani; Akhmad Khisni
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i2.3277

Abstract

Police as investigators in settling disputes traffic accidents of children, are required to make efforts diversion on. This research problems using a knife analysis theory and the theory of the workings of the criminal responsibility law. Implementation of diversion on by investigators as a form of settling disputes traffic accidents child is in conformity with the provisions of Act No. 11 of 2012 on the Child Criminal Justice System. Investigators obstacles encountered in the application of investigative procedure as a form of settling disputes traffic accidents are children in Purworejo district police diversion on process does not produce an agreement and the diversion on agreement is not implemented. Another constraint is has not formed some infrastructure to support the implementation of the Act SPPA, including the lack of Correctional Centers (BAPAS), Institute of Child Development While (LPAS) and Special Child Development Institute (LPKA) located in the region of Purworejo. In practice, investigators already holding BAPAS Class II Purwokerto, because long distance, it is feared the diversion on process becomes longer than that prescribed by the Act., To overcome these obstacles investigator to approach the families of the victims, seeking coordination with BAPAS and if there is no agreement versioned then handed over to the Prosecutor's case.Keywords: Investigation, Diversion on, Child.
Co-Authors Aep Saepudin Ahmad Mustarsidin Daniel Budi Hardwianto Deni Lesmana Andimiharja Devi Sulastyo Pinuji Wibawa Dewi Farhati Dikha San Mahresi Ebit Tri Laksono Enriko Silalahi Etik Kuswanti Fani Pratama Meta Agulegistin Mochammad Ipnu Wardani Nurul Kusumawati Takwim Azami Umar Al Faruq Yoni Oktaviani Yuliantoro Yuliantoro