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Journal : Indonesian Journal of Advocacy and Legal Services

Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction Adhi, Yuli Prasetyo; Triyono, Triyono; Muhyidin, Muhyidin
Indonesian Journal of Advocacy and Legal Services Vol. 3 No. 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.23057

Abstract

Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem's inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law Muhyidin, Muhyidin; Adhi, Yuli Prasetyo; Triyono, Triyono
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23277

Abstract

This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of ​​balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of ​​balance is following the basic values ​​of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.