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The Distribution of Obligatory Bequest to Non-Muslim Biological Children from the Perspective of Islamic Inheritance Law in Indonesia Kutaraya, Mura Kan; Hamidah , Siti; Chanifah, Nur
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 4 No. 1 (2024)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/iscs.v4i1.668

Abstract

This study evaluates the application of the Compilation of Islamic Law in Indonesia (KHI) in the Supreme Court Decision Number 721/K/Ag/2015, which awarded half of the deceased's inheritance to the plaintiff, who had been married to the deceased under a false identity for seventeen years. Controversy arose from the religious differences of the deceased, who was declared Muslim, and the Christian burial process, raising questions about the validity of the marriage. Using a normative juridical research method, including statutory and analytical approaches, this analysis investigates the court's disregard of the KHI, despite its recognized authority within the Indonesian legal context, particularly in inheritance and bequest disputes. The research findings indicate that the court's reliance on the interpretation by Yusuf Al-Qardhawi instead of the KHI diminishes legal certainty. The study concludes that for better judicial consistency and fairness in inheritance cases, explicit consideration of the KHI is essential. This insight underscores the need for judicial adherence to established legal norms to maintain integrity and predictability in legal proceedings, which has significant implications for the legal community's approach to similar cases.
Legal Reconstruction of Electronic Land Rights Certificates Burdened with Mortgage Rights as a Form of Credit Guarantee Banking Rahmatin, Richa; Laila, Fathul; Chanifah, Nur
International Journal of Business, Economics, and Social Development Vol. 6 No. 3 (2025)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i3.1019

Abstract

Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is a new regulation that changes the rules regarding land title certificates which were originally in book form to electronic form. Several of these regulations regulate changes in procedures and mechanisms but do not regulate in depth if the electronic land title certificate is pledged at the bank by someone else who is not the certificate owner and during the credit application process contains elements of fraud in it. The ambiguity of this regulation has caused several disparities in the judge's decisions which have significant legal impacts on justice seekers. This study examines two things, the first discussing the legal regulation of electronic land title certificates burdened with mortgage rights as a form of credit guarantee at the bank and the second discussing the legal reconstruction of electronic land title certificates burdened with mortgage rights as a form of credit guarantee at the bank in future regulations. This research method uses normative legal research methods with a statutory approach, a conceptual approach and a case approach. This study uses primary, secondary and tertiary legal materials by conducting a literature study and analyzing using legal interpretation. The results of this study are first, the regulation on land title certificates does not clearly regulate certificates that are pledged at the bank so that they are burdened with mortgage rights where the customer who applies is not the owner of the certificate. Second, to solve the first problem, it must be regulated with certainty regarding electronic land title certificates if they are pledged by someone else at the bank or if there is an element of fraud in the credit application.
Islamic Sexuality Education to Prevent Sexual Violence in Higher Education: Lessons from Universitas Brawijaya Nur Chanifah; Habibillah, Putri Ghoida; Anjani, Ria; Samsudin, Abu
Peradaban Journal of Religion and Society Vol. 4 No. 2 (2025)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjrs.v4i2.326

Abstract

Sexual violence remains a persistent challenge in university environments, despite the implementation of various policies and task forces, including at Universitas Brawijaya. This study investigates the integration of fiqh sexuality in preventing sexual violence on campus. Employing a qualitative case study with a socio-legal approach, data were gathered through in-depth interviews, observations, and documentation of the Universitas Brawijaya's PPKS Task Force activities. The findings reveal that while educational efforts are underway, the approach predominantly focuses on legal and psychological aspects, with fiqh sexuality not yet systematically integrated. Crucially, from the perspective of maqāṣid al-syarī'ah, fiqh sexuality offers significant potential for preventing sexual violence through the principles of ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-'aql. Therefore, mainstreaming fiqh sexuality education is essential in university sexual violence prevention strategies.
Securities Bankruptcy Due to Failure to Make Payments in Repurchase Agreement Transactions Riansyah, Wildan; Kusumaningrum, Adi; Chanifah, Nur
JURNAL AKTA Vol 12, No 2 (2025): June 2025
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.v12i2.44813

Abstract

The Central Jakarta Commercial Court granted the request for bankruptcy to a securities company, PT. AAA Securitas requested by individuals, in this case individuals are GM and AGH through Decision No. 08/Pdt.Sus.PAILIT/2015/ PN.Niaga.Jkt.Pst. The Central Jakarta Commercial Court then decided upon the request of bankruptcy requested by GM as Petitioner I and AGH as Petitioner II granted and issued Decision No. 08 / Pdt.Sus.PAILIT / 2015 / PN.Niaga.Jkt.Pst by looking to see Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Article 8 paragraph (4) of Law Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the Central Jakarta Commercial Court granted the bankruptcy application completely and canceled the bankruptcy status for PT. Andalan Artha Advisido Sekuritas. This type of research used is normative research which is theoretical by interpreting and examining the application of the rules concerning conceptions, principles, doctrines and norms in positive law in force. Based on the results of the study it was found that the ruling was contrary to the provisions of Article 2 paragraph (4) of the Bankruptcy Law and SDPO because the party who has the right to submit a request for bankruptcy against PT. AAA Securities are Financial Services Authority (Otoritas Jasa Keuangan/OJK).
Regulating Ecocide in Indonesia Based on the Precautionary Principle Ferdiantoro, Seto; Chanifah, Nur; Qurbani, Indah Dwi
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1169

Abstract

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.
Multicultural-Based Islamic Religious Education Development Model in The Samudra University Contexts, Aceh Province Azmi, Muhammad Faisal; Moeljadi, Moeljadi; Chanifah, Nur; Mahfur, Muhammad; Diani, Khonita Rahma
Wacana Journal of Social and Humanity Studies Vol. 28 No. 3 (2025): WACANA, Jurnal Sosial dan Humaniora
Publisher : Sekolah Pascasarjana Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.wacana.2025.028.03.04

Abstract

Education is one of the most effective forms of media to give birth to a generation with views that can make diversity a part of unifying the nation. Islamic religious education has actually contained the discourse of multiculturalism, but at the level of implementation, it has not been implemented properly. Efforts are needed to redesign the Islamic religious education system based on multiculturalism so that Islamic religious education is more optimal in disseminating multicultural discourse to students. This research aims to formulate the model's implications for developing multicultural-based Islamic religious education at Samudra University, Langsa City, Aceh Province. The type of research used in this research is R&D/Research and Development. Data collection in this study was carried out through observations, interviews, and document searches. The results of the interviews showed that the methods used in learning at Unsam were lectures and discussions, and sources of material could be books, the internet, previous research, and relevant journals.  So far, Unsam students have good multicultural traits such as tolerance, cooperation, and not being picky in making friends, and these traits are reflected in their daily lives. The material in the RPS shows several materials related to multiculturalism, namely inter-religious harmony, Islamic democracy, civil society, and the welfare of the people, as well as Islam building unity and diversity. To increase the effectiveness of learning, the method that can be given is the brain-based learning method combined with lectures, discussions, or case studies. Another improvement that can be given is to improve the form of learning evaluation and provide training to lecturers to equalize perceptions related to multiculturalism. Materials on multiculturalism can be added with materials on preventing radicalism in students. Keywords: curriculum, education, multicultural, university
Regulations On Proofing Marriage Announcement As A Requirement For Catholic Divorce In Indonesia Zamiatun, Arda; Rachmi Sulistyarini; Nur Chanifah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December In progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.319

Abstract

This study examines the urgency of the annulment letter in the Catholic divorce system in Indonesia as a legal instrument that plays a crucial role in bridging the gap between civil law and the canon law of the Catholic Church. The annulment letter serves not only as an administrative document but also as proof of the legality of the annulment of marriage, determining the validity of the marriage sacrament according to Church law. This study found that the lack of clear regulations regarding the recognition and verification of annulment letters in district courts can lead to legal uncertainty and conflict over the dual status between civil and canonical recognition. The annulment process in the Catholic Church itself is a pastoral judicial mechanism that assesses the validity of a marriage based on the norms of faith and canon law, with stages including filing, examining evidence, and a tribunal decision. This study emphasizes the importance of synchronizing the results of the ecclesiastical tribunal process with the national legal system to ensure justice, legal certainty, and the protection of the rights of Catholics. A comparative approach to the legal systems of other countries shows that the integration of the results of religious tribunal decisions into the national legal system can be achieved through transparent and measurable administrative mechanisms. Thus, the regulation of proof and recognition of annulment letters in Indonesian national law is expected to realize harmonization between religious law and state law, while strengthening legal, spiritual, and social protection for Catholic couples.
Quranic Leadership: The Effort to Realize the Integrity of Leaders in Preventing Corruption Chanifah, Nur; Samsudin, Abu; Hajar Ansori, Ibnu
International Journal of Educational Management and Innovation Vol. 5 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/ijemi.v5i1.9173

Abstract

This Study aims to analyse how the Quran explains the integrity of leaders as an effort to prevent corruption in Indonesia. This is urgent, because the problem of corruption cannot only be solved by building a legal and judicial system, but also requires prevention efforts through character building, especially related to leaders. It is categorized qualitative research with literature review by conceptual approach. The research analysis uses descriptive-qualitative analysis with the stages, namely editing, classifying, and conclusion. The results showed that the Quranic Leadership to prevent corruption in Islam is reflected in the character or personality of the Prophet Muhammad, namely shidiq (honest), amanah, fathanah (intelligent), and tabligh (communicative and transparent). If it is associated with leadership characteristics described by all classical and modern management experts such as the theories of Warren Bennis and James O'Tool, then these characteristics have been reflected by the Prophet Muhammad throughout his life. Even the Prophet had first applied it through the instructions of Allah SWT contained in the holy book, Qur’an.
THE MEANING OF MATURITY IN MARRIAGE FROM THE PERSPECTIVE OF ISLAMIC LAW Ane Fany Novitasari; Thohir Luth; Djumikasih; Nur Chanifah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1102

Abstract

Marriage maturity is intended to build an adult household, although textually it is not stipulated regarding maturity in marriage does not mean that Muslims are free to marry freely without considering their level of maturity. This study aims to examine the meaning of maturity in marriage from the perspective of Islamic law. This research is a normative legal research with a philosophical approach (philosophical approach), statutory approach (statute approach), and conceptual approach (conceptual approach). The techniques for analyzing legal material are survey, question, read, recite/recal, review using a deductive way of thinking. The results of the study show that maturity according to Islamic law is that marriage is carried out within the limits of someone who has entered the baligh phase. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship. The household needs to be built on the basis of maturity so as to give rise to the psychological maturity of each partner, whether husband or wife. Islamic law requires that people who want to marry are truly people who are mentally, physically and psychologically ready, mature and understand the meaning of marriage which is part of worship.
THE URGENCY OF REGULATING THE FORM OF WRITTEN AGREEMENT FOR UMRAH Aufa Fajrul Hikmah; Chanifah, Nur; Widhiyanti, Hanif Nur
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1111

Abstract

This research aims to discover the urgency of regulating written agreements for Umrah pilgrimage departures. The chosen theme is motivated by the absence of positive law governing written agreements for Umrah pilgrimage departures. Numerous issues have arisen, including cases where Umrah travel agencies fail to fulfill their obligation of sending prospective pilgrims or provide facilities and services as promised to the prospective pilgrims. This study adopts a juridical-normative method with the statutory approach and analytical approach. Legal materials obtained by the author will be analyzed using a descriptive-analytical technique, which involves determining the content and meaning of the legal rules regarding the organization of Umrah pilgrimages and the Civil Code. Based on the results of the research using the aforementioned method, an urgent written agreement is proposed with the aim of facilitating smooth cooperation between travel agencies and Umrah pilgrims, while also reducing the risk of fraud or any detrimental actions to either party. The written agreement serves as a guide for both the travel agencies and pilgrims to act in accordance with the promises made in the agreement and the established regulations.