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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Repertorium Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Darma Agung International Journal of Educational Research and Social Sciences (IJERSC) International Journal of Law and Society Jurnal Hukum dan Keadilan Rechtsvinding Greenation International Journal of Law and Social Sciences
Burhanudin Harahap
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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.
Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi) Khairunnisa, Salsabila; Harahap, Burhanudin; Aldyan, Arsyad
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1245

Abstract

This study aims to analyze the legal protection of the status and rights of biological children according to Islamic law and the Child Protection Law, especially in assessing the suitability of the judge's legal considerations in Determination Number 114/Pdt.P/2025/PA. Bi to the principles of child justice and the fulfillment of civil rights without burdening children due to parental errors. The method used is normative juridical by examining Islamic legal norms through sharia maqasid and national laws and regulations, through literature studies on primary legal materials in the form of court decisions and secondary, analyzed qualitatively with normative interpretation. The results of the study show that Islamic law places biological children as a divine mandate that is protected by nasab for the sake of hifz al-nasl, even though the legal status is limited to sharia marriage so that the right of inheritance of faraidh does not fully apply to children of serial polygamy as in the case of Determination 114/Pdt.P/2025/PA. However, the rights to alimony, education, and affection must still be fulfilled by the father reasonably to be independent; The Child Protection Law guarantees the right to identity, health, and participation without discrimination through a complete birth certificate after biological attestation via DNA test, although judges' considerations often limit legal status due to administrative violations of parental marriage, so that children only receive partial rights such as alimony through a district court lawsuit without full guardianship or inheritance priority, which has the potential to cause social stigmatization and difficulty accessing public services such as scholarships or BPJS in areas such as Kediri; This gap creates a subjective injustice because the child is innocent, as the Constitutional Court's Decision expands biological civil relations in the best interests of the child, but the implementation of religious courts is still formalistic so that optimal protection requires harmonization through progressive fatwas and restorative mediation to ensure family reintegration and long-term psychological stability of children.
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 Aldyan, Arsyad Ari Nankanti Purbatin Arief Suryono Caska - Damar Ariadi Hari Purwadi, Hari I Gusti Ayu Ketut Rachmi Handayani Karim, Yusuf Abdul Khairunnisa, Salsabila Lego Karjoko Luthfiyah Trini Hastuti Magistasari, Elvina Maulan, Anas Nurul Fadilah, Nurul Purwadi , Hari Ramadhani, Titania Isyani Saptanti, Noor Sasmini Seno Wibowo Gumbira, Seno Wibowo Sentot Sudarwanto, A.L. Sita Ulima Ekawati Solikhah Solikhah Sulistiyaningsih, Nur Tazkiya, Khansa Teuku Arie Azhari Tira Widyasari