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All Journal AL-Daulah JUSTITIA JURNAL HUKUM Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL HUKUM dan KENOTARIATAN PERSPEKTIF JUSTISI Journal of Law and Policy Transformation NEGARA DAN KEADILAN JURNAL USM LAW REVIEW Academia Open Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman International Journal of Social Service and Research Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal International Journal of Law, Environment, and Natural Resources Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Bulletin of Indonesian Islamic Studies Journal of Global Pharma Technology International Significance of Notary
Mohammad Muhibbin
Universitas Islam Malang
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Comparison of Concepts of Islamic and Traditional Instructions in Indonesia Mursid, Mursid; Muhibbin, Moh.; Suratman, Suratman
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7201

Abstract

Inheritance law is closely related to the scope of human life, because all humans in particular will definitely experience death. There are various conceptions of inheritance used in Indonesia, including the conception of Islamic inheritance and the conception of customary inheritance. This study aims to compare the conception of Islamic and customary inheritance and their application in Indonesia. The type of research used is normative juridical with the Statute Approach and Conceptual Approach and the sources of legal materials used are primary, secondary, and tertiary laws. Next, collect legal materials for descriptive analysis. Based on the research that has been done, it is found that the comparison of the conception of Islamic and customary inheritance has similarities and differences in principle. The similarities between the conceptions of Islamic and customary inheritance, one of which explains the transfer of property, but the difference is that in Islamic inheritance the heir must die but in customary inheritance it is not required to die. The application of Islamic inheritance in Indonesia consists of a pluralism of teachings, for example the ahlus sunnah wal jamaa'h inheritance system (Shafi'i, Hanafi, Hambali and Maliki schools) and the most dominant is the Shafi'i school of thought. For the application of customary inheritance in Indonesia, it is influenced by the principle of lineage which is influenced by the form of ethnicity in the customary law environment.
LEGAL STATUS OF ONLINE LOANS (PINJOL) IN THE ISLAMIC PERSPECTIVE OF AHLUSUNNAH WAL JAMA'AH Sunardi, Sunardi; Muhibbin, Moh.; Amar, Gays
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22177

Abstract

The more widespread and demanding times regarding social media are used by some people to market their businesses, including online loans. Now this is the problem that the population of Indonesia is Muslim and many are from the Nahdatul Ulama group, so the writer is interested in writing with the formulation of the problem How is the Legitimacy of Loans (Online Loans) Viewed from Islamic Law and the Views of Aswaja Ulama in Indonesia. And how is the law in the online lending and borrowing system not being paid by the debtor according to the perspective of Islamic law and the scholars'. This study uses a type of normative legal research. The results of this study indicate that: The Legitimacy of Loans (Online Loans) Is Reviewed from Islamic Law and the Views of Aswaja Scholars in Indonesia. The author is of the opinion that borrowing money that is not in accordance with Ahlu Sunnah waljemaah is generally unlawful or unlawful because it is not in accordance with Islamic law, because there are conditions and pillars that are not in accordance with the contract that do not fulfill face to face and there is an element of usury in it even though some of them justify it. various notes. The author also agrees with the fatwa of the Indonesian Ulema Council. He argues that borrowing money is not permissible under Islamic law. However, the law in question is not only illegal online loans; Similar laws also exist for offline or direct loans that contain elements of riba and are therefore not legal according to Islamic law. The law in Islamic Lending and Borrowing Online Systems is not paid by the debtor According to the Perspective of Islamic Law and the Ulama, the author concludes that it is clear in Islamic law that paying legal debt is obligatory even though it is online lending which has been banned through the MUI fatwa and the government has advised not to paying a legitimate loan because it causes a lot of misery to the community with high interest, but in syari' in Islamic law it is mandatory to return or pay off the debt. In Islamic law, debt repayment is not allowed to be added with the intention of benefiting the muqridh, but if the addition is given on the basis of the willingness or sincerity of the muqtaridh with the aim of remuneration, then this is permissible because it is not usury.Keywords: Loans, Online, Islamic Law
Matrilineal System Of Rights Division Inheritance According To Traditional Inheritance Law, Islamic Inheritance Law And The Civil Code Jamburi, Ahmat; Muhibbin, Moh.
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.25915

Abstract

Abstract: Inheritance law is one part of civil law as a whole and is the smallest part of family law. Inheritance law is closely related to the scope of human life, because every human being will definitely experience a legal event called death. In the territory of the Unitary State of the Republic of Indonesia, various inheritance law systems apply, namely customary inheritance law, Islamic inheritance law and Western inheritance law as stated in the Burgerlijk Wetboek (BW). The family system in Indonesian society focuses on the lineage system. In general, there are three kinship systems, namely the patrilineal system (found in communities in Tanah Gayo, Alas, Batak, Ambon, Irian Jaya, Timor and Bali), the matrilineal system (found in the Minangkabau area), and the bilateral or parental system (found in regions include: Java, Madura, East Sumatra, Riau, Aceh, South Sumatra, all of Kalimantan, all of Sulawesi, Ternate and Lombok). The inheritance distribution system according to Minangkabau customary law is based on a descent system drawn from the mother's line, namely a matrilineal inheritance system where the position of children is inherited. Wo men are the successors, but the heirs are all children, male and female, who come from the mother's assets.
Heirs' Responsibilities For Heirs' Debt From The Perspective Of Islamic Inheritance Law Muhibbin, Moh.; Sunardi, Sunardi; Ansyah, Yudi
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.25914

Abstract

Abstract: Responsibility in the family context is very inherent and cannot be removed immediately. Like an heir, the heir is given responsibility when his parents during their lifetime carry out a legal act that causes a loss. The loss in question is an obstacle for other people who feel they have been harmed by an action carried out by the heir's parents during their lifetime. Losses give rise to a debt that must be paid off by anyone who owes it, but when someone is in debt he dies but cannot repay the debt, his heirs are obliged to pay off the debt made by his parents by reducing the assets left behind by his parents. In the context of Islamic inheritance law, debts must be paid even if the debtor has died and the person paying off the debt is the heir of the heir. However, what often comes to the fore in inheritance management is that one or more of the heirs do not agree with the other heirs. This disagreement will create and grow into an internal family conflict. There are two ways to resolve a problem if there is non-compliance between parties to carry out a fair distribution, namely by litigation and non-litigation. These two methods can be used in managing problems that occur, especially issues regarding inheritance.
DEGRADATION OF WILLS OF WILLS FROM AUTHENTIC DEEDS BECOME PRIVATE LETTER BASED ON COURT DECISIONS AND IMPLEMENTATION OF IMPLEMENTATION IN THE DIVISION OF INHERITED ASSETS (Case Study of Supreme Court Decision Number: 3466 K/Pdt/2016 Sunardi, Sunardi; Muhibbin, Moh.; Wanura, Gabriel Ibrizul
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22176

Abstract

An authentic deed if the making is not in accordance with the statutory provisions of Law No. 2 of 2014 concerning the Position of Notary Public and the Civil Code, then the deed can be null and void by law, can be canceled or even the deed has decreased strength of evidence to become a private letter or in other words experiencing deed degradation.Formulation of the problem How Does the Degradation of Deeds of Wills Happen From Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. And what is the impact and application of the inheritance from the deed of testamentary grants after experiencing degradation from an authentic deed to a private letter.In writing this thesis using normative research methods. The results of the research were the Degradation of Wills and Grants Deeds from Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. Because in making a deed it does not meet the formal and material requirements and is contrary to the laws and regulations of Law no. 2 of 2014 and the Civil Code, especially Articles 1868 and 1869 of the Civil Code that apply. This resulted in the authentication of the deed as perfect evidence not occurring so that it became an underhanded deed. in the case at the Supreme Court with case number 3466 K/PDT/2016, that the Deed of Willing Grant (legaat) Number 6 dated 9 December 2005 made before Sigit Siswanto, S.H., Notary in Depok City has been proven not to comply with the provisions of the Law on Notary Position in its making and has complied with the provisions in Article 1868 and Article 1869 of the Civil Code, which causes the legal deed to become a private letter.The Impact of Application of Inheritance From Deeds of Wills After Experiencing Degradation from Authentic Deeds to Underhanded Letters. As a result of the deed becoming a deed under the hand In the distribution of inheritance from a testamentary grant, additional evidence is needed so that the distribution of the inheritance from a will can be carried out. Based on the case in the case at the Supreme Court with case number 3466 K/PDT/2016 due to the Deed of Statement Number 6 dated 8 October 2007 made before Theresia Siti Rahayu, S.H. Notary in Jakarta, and strengthened by a sufficiently stamped statement dated October 8, 2007 which was made privately by the plaintiff, which essentially stated that the defendant was subject to the Deed of Wills and Grants. In accordance with Article 1875 of the Civil Code, that if an underhanded letter is recognized or legally justified, in this case with the presence of other evidence, it will cause complete proof such as an Authentic Deed or become perfect proof.Keywords: Authentic Deed, Under Hand, Will Grant.
One Day Service Land Registration After The Enforcement Of Decree Of The Head Of The National Land Agency Number 37/KEP-341/II/2014 Concerning The Quick Wins Program For The National Land Agency Bureaucracy Reform (Study At The Land Office Of Sidoarjo Regency) Sunardi, Sunardi; Muhibbin, Moh.; Subandi, Subandi
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24402

Abstract

Abstract : The One Day Service program through the Quick Wins program is a land service provided to the community aimed at changing work systems and mechanisms, mindset and work culture in a systematic and consistent manner in line with the goals and objectives of Bureaucratic Reform, so that in turn it can increase public trust in the Land Agency National Republic of Indonesia. The formulation of the problem in this thesis is 1) How is the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Regarding the Quick Wins Program for Bureaucratic Reform of the National Land Agency at the Land Office of Sidoarjo Regency and 2 ) What are the obstacles in implementing the One Day Service at the Sidoarjo Regency Land Office and how are the efforts to overcome these problems. This research is an empirical research with an empirical juridical approach and a horizontal and comparative approach. As for the results of the research on the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Concerning the Quick Wins Program Bureaucratic Reform of the National Land Agency At the Land Office of Sidoarjo Regency, the Applicant came to the Land Office with documents containing will be submitted, then, the Applicant goes to the registration counter to register, the Verifier file registration counter to do the Verification. If the files are complete, the files can be processed immediately and the Verifier officer immediately confirms in the land book section, then in the Land Book section the files are entered based on the files that have been entered and then in the land book section an SPS is issued, payment counter, the Applicant pays at the payment counter for his application based on the SPS given by the land book officer and then the applicant is given a receipt for proof of payment, the applicant then returns to the Verifier counter by showing the SPS and receipt proof of payment, only then the Verifier officer gives the STTD (Document Receipt) and the verifier officer gives confirmation in the printing department, after that the applicant's file goes to the printing department to be tidied up and determined in the land book regarding the type of application requested, such as the Roya application, Mortgage and so on for further analysis of the file, After completion of administration, the file d Submit it to the product submission counter, then the file is handed over to the applicant. The obstacles are the number of files submitted by the applicant which are incomplete so that verification is slow, the lack of facilities and infrastructure, especially the problem of counters and computerization so that the running of this program is not effective.Keywords, Land Registration, One Day Service
Implementation Of Presidential Regulation Number 59 Of 2019 Concerning Control Of Transfer Of Function Of Rice Land (Study At The Jombang Regency Land Office) Sunardi, Sunardi; Muhibbin, Moh.; Pratiwi Wiranita, Indriet
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24393

Abstract

Abstract : Controlling the conversion of paddy fields is one of the strategies to increase domestic rice production, so it is necessary to accelerate the determination of the Map of Protected Paddy Fields (PLSD). So far, Law no. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, along with Government Regulation (PP) No. 1 of 2011 concerning the Determination and Transfer of Functions of Sustainable Agricultural Land and Presidential Regulation Number 59 of 2019 concerning control of the conversion of paddy fields. The narrowing of agricultural land in Jombang Regency is due to the construction of housing which is increasing every year. The formulation of the problem 1) How is the implementation of Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields as a form of government prevention of the conversion of paddy fields at the Land Office of Jombang Regency 2) What are the obstacles and efforts to overcome obstacles to implementing Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields in managing land at the Jombang District Land Office, 3) What is the legal protection for paddy fields that have been protected since the enactment of Presidential Decree Number 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. By using empirical research methods with research locations Jombang district land office. The results of the research on the implementation of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields as a preventive form for the government regarding the conversion of paddy fields at the Jombang Regency Land Office, in theory have not gone smoothly, but for signs for developers not to free up paddy fields as comfortably as possible used for housing or settlements. However, on the other hand, it creates a new problem for individual applicants because for individual applicants who wish to apply for separation of rights to inherited or non-inherited land, if the RTR block map includes the LSD map. Obstacles and efforts to overcome obstacles to the implementation of Presidential Regulation Number 59 of 2019 concerning the conversion of paddy fields in land management at the Jombang Regency Land Office, the form of settlement includes 1) Completion in the context of Completing Map Data of Protected Paddy Fields 2) Completion of Protected Paddy Fields in Accordance with Areas/Zones of Food Crops in the Spatial Plan 3) Settlement of Protected Paddy Fields that are Not In Accordance with the Areas/Zones of Food Crops in the Spatial Plan. Legal protection for paddy fields that have been protected since the enactment of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. Food security will be maintained and to maintain protected paddy fields so they don't become residential land.Keywords: LSD, BPN, Rice fields, housing
Juridical Analysis of the Application of the Presumption of Innocence in Criminal Investigation Simonda, Paulus Kostan; Muhibbin, Moh.
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.631-642

Abstract

This study aims to determine the application of the presumption of innocence in the examination of criminal offenses. The type of research used is descriptive normative, with a statute approach, historical approach, conceptual, case and specific research. The results of this study indicate that the recognition of the presumption of innocence in the criminal procedure law applicable in our country contains two purposes. First, the provision aims to provide protection and guarantees to a human being who has been accused of committing a criminal offense in the process of examining a case so that his human rights are still respected. Secondly, these provisions provide guidance to officers to limit their actions in conducting examinations of suspects/defendants because they are human beings who still have the same dignity as those conducting the examination. One of the obstacles in the investigation process is that there are investigators who have not acted professionally in conducting investigations, resulting in actions that are contrary to the presumption of innocence.
The Authority of the Regent to cancel the Village Regulation on Village Revenue and Expenditure Budget based on Minister of Home Affairs Regulation Number 20 of 2018 concerning Village Financial Management Jaya, Hendro Kusuma; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 03 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i03.763

Abstract

The research aims to investigate the Regent's authority to revoke Village Regulations on Village Revenue and Expenditure Budgets following Minister of Home Affairs Regulation Number 20 of 2018 on Village Financial Management. It employs normative legal research methods, utilizing statutory and conceptual approaches and analyzing primary, secondary, and tertiary legal sources qualitatively. The findings suggest that while Village Regulations lacking an evaluation mechanism, determined solely by the Village Head, contravene Article 69 paragraph (4) of Law Number 6 of 2014 on Villages, the Regent/Mayor cannot annul such regulations under Article 36 paragraph (1) of Minister of Home Affairs Regulation Number 20 of 2018 unless the Village Head disregards the Regent/Mayor's evaluation findings, maintaining the validity of the Village Regulation. The Regent's authority to annul Village Regulations ignoring Regent's evaluations, as per Minister of Home Affairs Regulation Number 20 of 2018, conflicts with Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia.
The Effectiveness of Article 31 of Law Number 2 of 2011 Concerning Political Parties Muzizat, Luluk Kamim; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i05.779

Abstract

Political parties are national organizations and are one of the important elements in a democratic country. Political parties as political institutions are responsible for providing political education to cadres as well as the general public. Political parties are one of the tools to be able to occupy public positions ranging from the executive to the legislature. Political education is one way or effort to realize a good and quality democratic country. This study aims to discuss and find out how the implementation or implementation of political education in Tuban Regency. The method used in this legal research is the Normative juridical method, Data in this study was obtained from the results of interviews and literature studies for analysis materials. The data analysis technique used is qualitative discriptive. The results showed that the implementation of political education in Tuban Regency has not been maximized both for cadres and for the wider community. Political education is carried out only ahead of the big agenda, namely before the elections both Pilkada, Pileg and Presidential Elections. Political education materials presented by political parties are still not so optimal or less applicable. This has an impact on the number of votes, changes in votes compared to the results of votes in the 2014 election. In addition, it also has an impact on the quality of Party cadres in carrying out party functions and objectives, and affects the level of political participation of the community in granting political rights.
Co-Authors Abdul Rokhim Achmad Eka Yougi Ardata Ali Al Hamid, Moch. Haidar Amar, Gays Anastacio Mendonça Ansyah, Yudi Arthawidjaja, I Gusti Lanang Asyhari, Syahrullah Budi Parmono Budi Parmono Chaidir, Noor Fahrizen Fahrizen Falah Ilmania, Nurika Fernandez, M. Rizky Firman Adiansyah Hanafi Arief, Hanafi Hasan Basri Holil Holil Ike Yuvayanti Isnaeni, Diyan Jamburi, Ahmat Jaya, Hendro Kusuma Kilihu, Lia Rosa Fauziah Kurniawan, Rudi Eko Limsira, Patthara Mat Hasan Misranto Mochamad Ali Fajar Mursid Mursid Mustajib, Mustajib Muzizat, Luluk Kamim Nofi Sri Utami Nur Hasan Parmono, Budi Prananto, Iksan Prasetiawan, Andik Pratiwi Wiranita, Indriet Rahmat, Fabitul Rahmatul Hidayati Rifatun Nuriyah Rokhim , Abdul Rosadi, Herry Ruwiyono, Ruwiyono Shofiatul Jannah Simonda, Paulus Kostan Subandi Subandi Sumarto, Mufti Eky Juliansyah Sunardi Sunardi Sunardi Supaat, Joko suratman Suratman Suratman SYAIFUL BAHRI Syamsu Madyan Umar Sahid Sugiharto Umar Said Sugiharto Wanura, Gabriel Ibrizul Wicaksono, Moch.Yuris Wulan, I Gusti Kencana