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All Journal Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Parewa Saraq: Journal of Islamic Law and Fatwa Review
Irfan Lewa
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Peranan Mediator dalam Penyelesaian Sengketa Kewarisan Perspektif Hukum Islam dan Hukum Positif Nurhalisah Nurhalisah; Irfan Lewa
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum Januari
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i1.16580

Abstract

This thesis discusses the role of the mediator in the settlement of inheritance disputes with the perspective of Islamic law and positive law (Case Study No.1038 / Pdt.G / 2019 / PA.Mks at the Class 1A Makassar Religious Court). With mediation conducted by a mediator, it is likely that the parties to the dispute will be able to reconcile the parties in a dispute to a win-win solution and the peaceful dispute resolution process will be easier, faster, simpler, and less costly. This research was conducted by field research with descriptive analysis. With a normative juridical approach and a sociological (empirical) approach. The data sources in this study, namely: primary data, secondary data and searches of various literatures or references. Data collection methods used were observation, interviews, and documentation. Data processing and analysis techniques are carried out in three stages, namely: data identification, data reduction, and data editing. The results of this study indicate that the role of the mediator in the settlement of inheritance disputes at the Class 1A Makassar Religious Court has an important role in carrying out the mediation process based on the results of interviews with judges in court. It's just that the results / effectiveness achieved by the mediator in resolving inheritance disputes have not been effective because of the inhibiting factors for the mediator in resolving them, namely: 1) The parties in conflict have their emotions / egos not well controlled (lack of good faith from the disputing parties), 2) no one wants to budge, 3) the quality of the mediator. The implications of this research are: 1) with the mediation process carried out by a mediator in court, it is necessary that there is an increase in the process of settlement of cases, especially in mediation. The mediator must play an important role in carrying out the best dispute resolution so that the mediation process runs optimally and effectively, so that the parties are satisfied and no party feels disadvantaged, 2) this research is expected to have an impact on increasing the success of the mediator in mediating the parties litigating in Religious courts
Legal Protection of the Issuance of Birth Certificates of Children from Unregistered Marriages: An Analysis of Islamic Law and Indonesian Civil Law Jabal Nur; Irfan Lewa; M. Thahir Maloko
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 2 No. 2 (2023): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v2i2.24

Abstract

The issuance of birth certificates for children born from unregistered marriages is a very important issue. In practice, there are still many places where children who will be born in an unregistered marriage relationship cause the absence of a valid certificate. The purpose of this study is to reveal legal protection, both from the aspect of legal status and legal consequences of the issuance of birth certificates of children from unregistered marriages. This paper is a qualitative empirical research with a comparative law approach. Data sources are obtained from interviews and literature studies. The results of the study found that children born from unregistered marriages have legal status as legitimate children of the father and mother because they have fulfilled the pillars and conditions determined by each religion. Every child is entitled to legal protection of their rights by providing a birth certificate as an identity, also makes it easier for children to a public service and get protection from violence and discrimination. As a result of the issuance of a birth certificate of a child from an unregistered marriage, the child will have a birth certificate with only the mother's name listed, resulting in the recognition of nasab or lineage, inheritance rights, maintenance and living expenses, even affection and parental responsibility for the growth and development of the child. The government should make a definite rule regarding the requirements that must be attached in terms of recording the birth certificate of a child born from an unregistered marriage. Legal certainty for the issuance of birth certificates of children from unregistered marriages should be synchronized in accordance with the relevant laws and regulations.
Co-Authors Jabal Nur Nurhalisah Nurhalisah Tahir Maloko