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All Journal Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah Journal of Innovation Research and Knowledge Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Sirajuddin Sailellah
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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PROBLEMATIKA DALAM IMPLEMENTASI PERJANJIAN PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 Sirajuddin Sailellah
VERITAS Vol 3 No 1 (2017): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (70.271 KB) | DOI: 10.34005/veritas.v3i1.69

Abstract

Marriage is a bond between a man and a woman both emotional and physical as husband and wife which aims to form a happy family and eternal by God Almighty. The issue of marriage is a many-faceted human problems, covering all aspects of human life that is easy to cause emotions and disputes. Therefore it is very important the legal certainty that there has been a aqad (agreement) marriage. In the case of marriage required legal certainty to be easily held tools proof.
PERLINDUNGAN HUKUM BAGI NAZHIR DALAM PERSPEKTIF HUKUM PERWAKAFAN DI INDONESIA Indri Eka Pratiwi; M. Sudirman; Sirajuddin Sailellah
Journal of Innovation Research and Knowledge Vol. 4 No. 10: Maret 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v4i10.9900

Abstract

Wakaf is an Islamic legal institution that plays a strategic role in achieving the welfare of the community through sustainable asset management. As the wakaf manager, nazhir holds a crucial responsibility to ensure that wakaf assets are utilized in accordance with sharia objectives. However, nazhir often faces challenges in practice, such as limited legal knowledge, inadequate managerial capacity, and insufficient legal protection. These issues highlight the need for a thorough examination of legal protection for nazhir from the perspective of wakaf law in Indonesia, particularly based on Law Nomor 41 of 2004 on Wakaf.This study employs a Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research examines the implementation of legal norms in practice within society. Research data were obtained from primary sources, including laws and regulations, legal documents, and related literature, as well as secondary data collected through field studies. This study is grounded in the theory of justice, which emphasizes the importance of fair protection for nazhir, and legal theory, which views law as a tool to create social change.The findings reveal that legal protection for nazhir in Indonesia still faces obstacles, such as low legal literacy and weak oversight mechanisms. Legal protection for nazhir includes administrative protection, formal legal protection, protection from internal conflicts, and protection against abuse. Furthermore, institutions such as the Indonesian Wakaf Board (BWI) play a significant role in supporting the development, supervision, and empowerment of nazhir.
Perlindungan Hukum terhadap Ahli Waris Terkait Sertipikat Hak Milik Pihak Lain Diatas Lahan Tanah Warisan Kusmianti Indah Sari; Felicitas Sri Marniati; Sirajuddin Sailellah
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Januari: JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6855

Abstract

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.
Co-Authors Felicitas Sri Marniati Indri Eka Pratiwi Kusmianti Indah Sari M. Sudirman