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All Journal Hermeneutika : Jurnal Ilmu Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Interdisciplinary Social Studies Journal Research of Social Science, Economics, and Management Asian Journal of Social and Humanities Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Gusti Yosi Andri
Universitas Swadaya Gunung Jati
Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Interdisciplinary Social Studies

 1 
Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun Azzahra Atu Prabangso; Faradila Dwi Ayu Saskhia; Gusti Yosi Andri; Ismayana Ismayana; Rika Lailatus Solihah
Interdisciplinary Social Studies Vol. 3 No. 4 (2024): Regular Issue: July-September 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v3i4.709

Abstract

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia. This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat. The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.
Marriage legalization: Preserving the customary marriage tradition of the ethnic Chinese community in Cirebon City Gusti Yosi Andri; Aris Putra Nandar; Bambang Wibisono; Dharliana Hardjowikarto; Eni Suhaeni; Raymond Angwarmase; Murtiningsih Kartini
Interdisciplinary Social Studies Vol. 4 No. 1 (2024): Regular Issue: October-December 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i1.731

Abstract

This study aims to investigate efforts to preserve traditional Chinese marriages through marriage legalization in the city of Cirebon, Indonesia. The study used a qualitative approach with a descriptive type of research because it is to minimize changes in attitudes from the millennial generation that can cause the loss of traditions and cultural heritage of ancestors regarding customary marriage. The population studied was ethnic Chinese who are members of the Chinese Ethnic Social Clan, both traditionally and nationally. Data analysis was carried out using the content analysis method, using concepts from structural functionalism theory and social change theory as the framework of analysis. The results of the research show that marriages that are not registered can still be submitted for registration, even though they have exceeded the maximum limit (60 days) as long as a court decision in the form of a determination of marriage registration is obtained first. The validity of marriage is also studied from the theory of structural functionalalism. This research contributes to preserving cultural heritage by addressing the legal recognition of customarily married marriage in the Chinese ethnic community. The government needs to issue provisions that regulate the issue of the marriage registration mechanism due to the delay in marriage registration so that couples who have been married and have not been recorded get legal certainty that protects the validity of their marriage, especially regarding the status of children.
Determination of the Origin of Children Strengthens Legal Protection of the Status of Children due to the Rejection of Itsbat Nikah Paradika Rhassely Adi Pratama; Dinda Nailatus Syaadah; Anis Nuru Aini; Irma Maulida; Gusti Yosi Andri
Interdisciplinary Social Studies Vol. 4 No. 3 (2025): Regular Issue: April-June 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i3.846

Abstract

The rejection of the marriage itsbat application directly impacts the legal status of the child born, as the parents' marriage is not legally, religiously, or customarily recognized. This study aims to analyze the legal consequences of the rejection on the child's position and examine the determination of the child's origin as a form of legal protection. Using a normative juridical approach, this study analyzes legal materials related to the status of children born from sirri marriages. The results of the study show that children born from sirri marriages only have a legal relationship with their mother. Moreover, if the itsbat application is rejected, the child will not be recognized as the legitimate child of their biological father. This has consequences on the child's access to administrative, inheritance, and guardianship rights. Remarriage also does not alter the child's position because, according to Islamic law, the sirri marriage is invalid and thus rejected by itsbat. As a result, the child remains an out-of-wedlock child. The determination of origin by the court is an alternative protection that allows the inclusion of the biological father's name in the population document and provides limited space for the child's civil rights. These limitations are also reaffirmed in the Fatwa of the Indonesian Ulema Council, which states that the biological father's obligation is limited to providing living support and a mandatory will. The conclusion of this study emphasizes the importance of determining origin as an instrument for the legal protection of children in the national legal system, especially regarding the rejection of the marriage itsbat application.
Co-Authors Adhinda Maharani Rahardjo Aditiar Hafidh Anwar Anis Nuru Aini Annisarahmah Utami Susanto Aris Putra Nandar Ayih Sutarih Azzahra Atu Prabangso Bambang Wibisono Dandhy Nuralamsah Ramadhan Deni Yusup Permana Dharliana Hardjowikarto Dinda Nailatus Syaadah Djuariah Djuariah Dudung Hidayat Endang Sutrisno Eni Suhaeni Evelyn Azaria Valentina Faradila Dwi Ayu Saskhia Irma Maulida Ismayana Ismayana Junaedi Junaedi Junaedi Junaedi Karmenita Karmenita Muhammad Nur Alamsyah Murtiningsih Kartini Paradika Rhassely Adi Pratama Raymond Angwarmase Rika Lailatus Solihah Tina Marlina Vazrie Avicenna Vivi Aulia Syaharanti