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Journal : Hikmatuna

Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu Busthomi, Achmad Otong; Jaelani, Aan; Setyawan, Edy; Abadi, Khafid; Syam, Roqiyul Ma’arif
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10963

Abstract

This study aims to analyze the inheritance distribution system within the Dayak community in Indramayu using a juridical-socio-cultural approach. The research employs a qualitative-descriptive method, integrating the analysis of positive law and customary law with local socio-cultural values specific to the community’s unique context. Data were collected through field observations, document studies, and semi-structured interviews with customary leaders and members of the Dayak community. The data analysis technique is based on the interactive model of Miles and Huberman and utilizes a normative-juridical and cultural-interpretive approach to explore the ongoing dynamics. The findings reveal that the bilateral kinship structure and customary principles such as Sejarah Alam Ngaji Rasa (the natural history of internal reflection), Menyatu dengan Alam (oneness with nature), and Ngaula Ning Anak Rabi (dedication to one's offspring and their spouses) influence an egalitarian inheritance system, although variations exist among subgroups. However, within the framework of legal pluralism and distributive justice, the system still reflects disparities, particularly concerning the rights of women and adopted children in matters of inheritance. The study recommends reformulating customary law to be more responsive to contemporary social justice values and to ensure the principles of non-discrimination and equality in the inheritance distribution process.
Implementation of Law Number 33 Of 2014 in Halal Certification as Legal Protection for Muslim Consumers Maqashid Syariah Perspective: Implementation of Law Number 33 Of 2014 in Halal Certification as Legal Protection for Muslim Consumers Maqashid Syariah Perspective Fansuri, Hamzah; Setyawan, Edy; Muamar, Afif; Bahomaid, Saleh Abdoalgaader Ali
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 2 (2025): Hikmatuna: Journal for Integrative Islamic Studies, December 2025
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i2.12479

Abstract

This research is motivated by the urgency of legal protection for Muslim consumers in Indonesia through halal certification, in line with the enactment of Law Number 33 of 2014 on Halal Product Assurance (UU JPH). The main objective of this study is to analyze the implementation of the UU JPH in halal certification practices and evaluate its effectiveness from the perspective of maqashid syariah. This research employs a normative juridical method using statute, conceptual, and maqashid-based approaches, and utilizes primary, secondary, and tertiary legal data, analyzed descriptively and analytically using content analysis techniques. The findings show that the implementation of the UU JPH is a strategic step in providing legal certainty regarding the halal status of products circulating in Indonesia. However, its execution still faces challenges, such as the low preparedness of small business actors and the limited number of halal auditors. Institutional strengthening and public education are needed to ensure more effective and equitable halal certification. Furthermore, this study affirms that the obligation of halal certification serves as a form of protection for the constitutional rights of Muslim consumers, guaranteed by national law and reinforced by administrative and criminal sanctions for violators. From the perspective of maqashid syariah, halal certification not only functions as a formal legal mechanism but also serves as an instrument to safeguard the fundamental values of human life. It ensures product compliance with sharia principles, preserves faith, health, and community welfare, and prevents moral and economic harm.