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All Journal Yustisia Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Pena Justisia: Media Komunikasi dan Kajian Hukum Sebelas Maret Business Review Jurnal Darma Agung International Journal of Educational Research and Social Sciences (IJERSC) International Journal of Law and Society Jurnal Hukum dan Keadilan Greenation International Journal of Law and Social Sciences
Burhanudin Harahap
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Legal Consequences of Marriage Agreement that is Made After The Marriage Exists for Husband and Wife Who Have Debts Ade Izdihar, Raihan; Harahap, Burhanudin; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.775

Abstract

Marriage is a physical and mental bond between a man and a woman, hereinafter referred to as husband and wife. In marriage, there are married couples who make a marriage agreement. The Constitutional Court issued Constitutional Court Decision Number 69/PUU-XIII/2015 which states that a marriage agreement can now be made after a marriage has taken place. Debt arising in a marriage is very possible, this can be done by both husband and wife. The result of this research is that liability cannot be asked of the husband and wife if the husband or wife does not first agree to a credit agreement with collateral for joint property. This type of research is normative research that uses a statutory approach and uses primary legal sources and secondary legal materials. The legal material analysis technique used is qualitative analysis, namely discussing the legal material that has been obtained by referring to the existing theoretical basis.
LEGAL CONSEQUENCES OF THE JUDGE'S DECISION ON BIOLOGICAL CHILDREN FROM SIRI MARRIAGE Ramadhani, Titania Isyani; Harahap, Burhanudin; Saptanti, Noor
JURNAL DARMA AGUNG Vol 32 No 5 (2024): OKTOBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v32i5.4807

Abstract

Children born from a siri marriage can apply for the origin of children to obtain legal protection, as is the application for determination of the origin of children from siri marriage in the Karawang Religious Court Number: 440/Pdt.P/2023/PA.Krw. This raises the legal consequences between the biological father and the biological child determined by the Judge. The purpose of this study is to examine the legal consequences of the judge's determination of biological children from a siri marriage. The research used is normative legal research. The results of the study found that children from siri marriage who are determined as biological children should get the following rights: right to have an identity; right to sustenance and maintenance in the form of right to obtain education, health services, and obtain welfare; and inheritance rights through mandatory will. The obligation of the biological father to the biological child should be determined as sociologically obliged to protect the biological child so that the child is guaranteed and fulfilled the rights of the child so that the child can live, grow and participate optimally according to the dignity of humanity and get protection from violence and discrimination, the child becomes quality, good personality, and prosperous.
Comparative Study of Islamic Legal Systems in the Application of the Istishna' Agreement in Indonesia and Malaysia Tazkiya, Khansa; Harahap, Burhanudin; Purwadi, Hari
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.26

Abstract

The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.  
Comparative Analysis of Murabahah Financing Agreement with Musyarakah Mutanaqisah Financing Agreement in Indonesia's Sharia Banking System Maulan, Anas; Harahap, Burhanudin; Sasmini
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.31

Abstract

Indonesia is one of the largest Islamic countries in the world. In 2021, Indonesia has officially formed Bank Syariah Indonesia combined with 3 private Islamic banks, namely Bank BRI Syariah, Bank Mandiri Syariah and BNI Syariah. The purpose of Bank Syariah Indonesia is to facilitate sharia-based services that avoid customers from transactions containing elements of usury, gharar, maisir, haram and Zalim which are commonly applied in conventional banking in general in the form of interest. Islamic banking in Indonesia takes advantage not from usury but from financing or buying and selling goods carried out by banks with customers according to customer wishes and needs. One of the financing that is usually in demand by customers is the murabahah financing contract and the musyarakah mutanaqisah financing contract. These two contracts are the same as taking advantage of buying and selling goods but murabahah is more dominant in financing without a down payment and goods that have been determined from the beginning of the contract while muyarakah mutanaqisah is more dominant in financing the needs desired by customers in the form of cash instead of goods.
Legal Defects Of Sale And Purchase Deeds: A Review Of The Responsibilities Of Officials Making Land Deeds In Indonesia Magistasari, Elvina; Sentot Sudarwanto, A.L.; Harahap, Burhanudin
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.924

Abstract

This research discusses legally defective sale and purchase deeds and the responsibilities of Land Deed Drafting Officials (PPAT) in Indonesia. Land is a vital element for fulfilling human needs, and land certificates as proof of ownership are very important in the agrarian legal system. The land buying and selling process must be carried out in accordance with legal provisions so that the resulting sale and purchase deed (AJB) has valid legal force. PPAT, as the official who has the authority to make authentic deeds, must ensure the validity of the documents and the completeness of the legal process when making AJB. Making AJB that meets formal and material requirements is very important; otherwise, legal defects may occur that result in PPAT's liability. This article examines the sanctions that can be imposed on PPAT if there are errors, both in administrative, civil and criminal contexts, in accordance with applicable laws and regulations. This research uses the nature of normative juridical research to analyze PPAT accountability and expand understanding of practices that are in accordance with law and professional ethics. The results show that PPAT has a big responsibility in maintaining the validity of deeds, and violations of legal procedures can result in serious sanctions, both administrative and criminal.
Legal Provisions on Unregistered Waqf Pledge Deeds that Exceed the Registration Period Karim, Yusuf Abdul; Harahap, Burhanudin; Purwadi, Hari
Greenation International Journal of Law and Social Sciences Vol. 3 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i1.346

Abstract

The Waqf Pledge Deed (AIW) must be registered immediately after its issuance by the Waqf Pledge Deed Official (PPAIW), delays in registering AIW to the Land Office can trigger conflicts between the heirs of the wakif and the nazir or other interested parties. The purpose of this research is to find out the legal provisions of the unregistered waqf pledge deed exceeding the registration period as stated in PERMEN ATR/BPN Number 2 of 2017 and to find out the legal protection of  nazir for the unregistered waqf pledge deed to the Land Office. The method in this research is Normative Law, using a statutory approach, with data sources in the form of primary legal materials and secondary legal materials, collected through literature studies, then analysed qualitatively. The result of this research is that with the knowledge of the legal provisions of the waqf pledge deed and the existence of better legal protection for Nazir, the management of waqf land can run optimally, ensure the benefits of waqf remain sustainable for the benefit of the people, and prevent the loss of waqf assets due to legality issues.
Reform of Islamic Inheritance Law: The Influence of Customary Law on the Institution of Wasiat Wajibah in Islamic Law Fatahullah; Adi Sulistiyono; Burhanudin Harahap
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i1.1695

Abstract

This research aims to investigate the status of the deceased's close relatives, including adopted children, illegitimate children, and children of diverse religions, within the family structure and their legitimate legal standing, thereby establishing their entitlement to inherit the decedent's property. Nonetheless, the viewpoint of the inheritance legal framework in Indonesia about the status of these immediate relatives is markedly distinct. The employed methodology is a normative or doctrinal legal study utilizing a legislative approach and analysis. Wasiat wajibah is an institution in Islamic law in Indonesia to address the problem of differing paradigms between customary law, which recognises all positions and rights of adopted children, and Islamic law, which "only" recognises adoption but does not allow mutual inheritance. The underlying thought of wasiat wajibah in Islamic jurisprudence is intended to provide a sense of justice to adopted children or those close to the heir, but they are religiously barred from inheriting a share of the inheritance. Finally, the mandatory will through Article 209 of the Compilation of Islamic Law (KHI) has filled the ambiguity in Islamic law by granting 1/3 of the inheritance to the adopted child from the property left by the adoptive parents. It is necessary to set standards for the future implementation of mandatory wills to ensure that judges' interpretations of these documents do not negatively impact the interests of the principal heirs.
Validity Of Marriage And Registration Of Different Religions After The Constitutional Court Decision Number 24/PUU-XX/2022 (Study of Determination Number 155/PDT.P/2023/PN.Jkt.Pst) Fadilah, Nurul; Harahap, Burhanudin; Purwadi , Hari
Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.112

Abstract

This study aims to analyze the considerations of the Central Jakarta District Court Determination Number 155/PDT.P/2023/PN.Jkt.Pst which granted the registration of interfaith marriages in the perspective of the Indonesian legal system and its implications for the duties and authority of Notaries. This research is prescriptive with a statutory case approach and case approach method. The legal materials used are primary legal materials and secondary legal materials. The legal material collection technique is done through literature study. The research analysis is done by deductive method. The research found that by ignoring the Constitutional Court decision, in essence, the judge of the Central Jakarta District Court has reduced the position of the Constitutional Court as the guardian of the constitution and the Pancasila ideology. Considering that Pancasila is stated in the Preamble of the 1945 Constitution. Therefore, negating the Constitutional Court decision means the same as negating the Constitution and Pancasila. The Determination of the Central Jakarta District Court Number 155/PDT.P/2023/PN.Jkt.Pst indirectly affects the validity of marriage agreement deeds made by notaries. To avoid legal problems in the future for notaries and the parties involved, notaries must adhere to the principle of caution and provide legal counseling to the parties who will make interfaith marriage agreement deeds before a notary.
Non-Muslims and Sharia-Based Regional Government; Comparison between Aceh, Indonesia and Selangor, Malaysia Harahap, Burhanudin; Handayani, I Gusti Ayu Ketut Rachmi; Lego Karjoko
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i2.10456

Abstract

One plausible challenge that may emerge throughout the application of sharia law in Aceh, for instance, is the presence of interreligious disputes. The fact that not all members of communities are Muslims poses an inquiry. This research examines how Sharia law is enforced in Aceh; how legal protection for non-Muslims is affected by the enforcement, as well as, to the same topic, how the comparison between Aceh and of Selangor, Malaysia is. According to this empirical study, Qanun was created in Aceh to secure adherence to sharia law, so that Qanun Jinayat applies to community members identified as Muslim. In contrast, Malaysia is a multiethnic and multiracial nation governed by the supreme law, namely the Federal Constitution, which protects its diverse religion and communities. Sharia law applies exclusively to Muslims in Selangor, in stark contrast to jinayah law in Aceh which apply this to Aceh citizen. Hence, stakeholders in Aceh must collaborate to assess and fortify legal safeguards for non-Muslim inhabitants, extending beyond the freedom to select the form of justice they prefer. The objective is to guarantee the rights of each citizen in a manner that is devoid of violence or any indications of human rights violations.
SATISFACTION OF NON-MUSLIM RESIDENTS WITH ISLAMIC SHARIA IN ACEH, INDONESIA Hastuti, Luthfiyah Trini; Solikhah, Solikhah; Harahap, Burhanudin; Sulistiyaningsih, Nur; Gumbira, Seno Wibowo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5011

Abstract

This study aimed to determine the right fulfillment of non-Muslim residents regarding the implementation of Islamic Sharia in Aceh Province, Indonesia. It was a non-doctrinal legal study conducted in Banda Aceh City, Singkil, and Takengon. The primary data was obtained from the completion of questionnaires and interviews with non-Muslim religious leaders to supplement the required information, as well as secondary data, which consisted of various legal materials. The sample was selectedusing non-random purposive sampling, while data analysis was conducted quantitatively and qualitatively. The results based on the analysis of 244 questionnaires showed that the perception of non-Muslim residents regarding the implementation of Islamic Sharia in Aceh tends to be positive. Furthermore, the number of residents who were worried before and after the implementation of Islamic Sharia in Aceh decreased significantly from 29.5% to 9.4%. The guarantee of fulfilling the rights of non-Muslim residents can be compared to zimmi, as recognized in Islamic terminology. This comparison assumed that non-Muslim residents were within a jurisdiction and did not oppose the Islamic principles applied by a governance system.
Co-Authors Ade Izdihar, Raihan Adi Sulistiyono Agus Saptono Ari Nankanti Purbatin Arief Suryono Caska - Damar Ariadi Fathullah, Abdusyahid Naufal Hari Purwadi, Hari I Gusti Ayu Ketut Rachmi Handayani Karim, Yusuf Abdul Lego Karjoko Luthfiah, Zeni Luthfiyah Trini Hastuti Magistasari, Elvina Maulan, Anas Nurul Fadilah, Nurul Purwadi , Hari Rahmadany, An Nisaa' Ramadhani, Titania Isyani Ramadhita Saptanti, Noor Sasmini Seno Wibowo Gumbira, Seno Wibowo Sentot Sudarwanto, A.L. Sita Ulima Ekawati Solikhah Solikhah Solikhah Sulistiyaningsih, Nur Tastaftiyan Risfandy, Tastaftiyan Tazkiya, Khansa Teuku Arie Azhari Tira Widyasari Trini Hastuti, Luthfiyah