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The Position Of The Will In The Distribution Of Inheritance Reviewed From Islamic Law (Study of the Religious Court of Bengkulu Decision No. 0175/PDT.G/2012/PA.BN) Mitaria Ningsih; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21330

This research raised the issue of the judge's consideration in the decision no. 0175/Pdt.G/2012/PA-Bn, regarding the position of the will in the distribution of inheritance. This study used a normative juridical law method, with primary legal material from the Religious Court of Bengkulu decision no. 0175/PDT.G/2012/PA.BN which has permanent legal force, and legal materials in the form of secondary laws, books, fiqh books that were related to the topics to be discussed. After the legal material was obtained, it was then analyzed based on normative descriptive analysis. The results of the study showed that (1) a will must be made by the heirs before the inheritance was divided. When the conditions and principles of the will have been fulfilled, the will became enforceable and has legal force after the death of the testator. Therefore, the position of will here in Islamic law did not necessarily constitute a kind of manipulation or violation of the law in relation to the application of Islamic inheritance law. (2) In case No. 0175/Pdt.G/2012/PA.Bn, that the dispute over the revocation of the will, the judge made a decision accordingly with Islamic Shari'ah law on wills. The will was designed and signed by the testator in the presence of two witnesses, and according to the judge's consideration, the will was valid based on the provisions of Article 195 (1) of the Criminal Procedure Code, then the judge's decision determined that the will was valid, so the judge must decide to impose sanctions on the Plaintiff and Defendant to divide the object of the case.

Judge’s Considerations In Imposing A Decision On Divorce Lawsuit On Early Marriage Cases In Bengkulu Jelinda Dwi Oktaviani; M. Darudin; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 12, No 1 (2022): April 2022
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/j_bengkoelenjust.v12i1.21316

According to Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, marriage is considered legitimate if both men and women are 19 years old. But in reality, in Bengkulu city there are still many early marriages that occurred and resulting in divorce. This study aims to analyze and to describe why divorce cases in minor couples in Bengkulu city are quite high, as well as to analyze and to describe the basis of judges' considerations in imposing a decision on divorce lawsuit in early age couples. The type of research used in this study was empirical legal research. In empirical legal research, the law is conceptualized as an empirical symptom that can be observed in real life. Based on the results of the study, it is known that the cause of divorce cases in early age couples in Bengkulu city is due to the emergence of various problems after marriage, such as increasing domestic violence rates, children's education rights that have not fully given by their parents, and stigma that must be borne by the children. These issues generally result in divorce on early age couples. In addition, the basis of the consideration of the Bengkulu Religious Court of Class IA in imposing a decision on divorce lawsuit in an early age couples has no difference with couples who is not married at an early age. There are three judges' decisions, namely the first is legal certainty. When divorce happened, the status becomes certain, namely the widow and widower. This status certainty allows a divorced couple to remarry later in the day. The second is justice. Justice is fair according to the judge if divorced. The third is the benefit. If the status is left unclear, there will be no benefit. It can even be a mudarah or another problem again in the future.

JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW Fauzi Fauzi; Subanrio Subanrio; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.

SETTINGS OF INNATE AND JOINT ASSETS IN DIVORCE CASE BY LAW NUMBER 1 OF 1974 OFMARRIAGE IN THE IMPLICATIONS OF RELIGIOUS COURTS DECISION CLASS IA OF BENGKULU CITY NUMBER: 0289/PDT.G/2016/PA.BN Widya Eka Putri; Akhmad Muslih; Adi Bastian Salam
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Marriageraisesrights and obligations to husband and wife. The rights and obligations existing before the divorce are created from their marriage ceremony. The rights and obligations are contained in the provisions of Qur’an. To avoid conflict divorce is not an easy thing, it is motivated by several factors that cause a domestic relations be cracked even ended in divorce. The purpose of this research is to understand and analyze the factors that hinder the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu. Analyzing theproblems in this study, researchers used a analysis descriptive method to produce the research results showingfactors that inhibit the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu consisted of internal and external factors.

JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA Pofrizal Pofrizal; Akhmad Muslih; Ardilafiza Ardilafiza
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

KEWENANGAN PENGADILAN AGAMA DALAM PENGANGKATAN MEDIATOR NON HAKIM BERDASARKAN PERMA NOMOR 1 TAHUN 2016 Qurratul A'yuni; Akhmad Muslih; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Adapun tujuan penelitian ini: (1) Untuk mengetahui dan menganalisis kewenangan pengadilan agama dalam pengangkatan mediator non hakim berdasarkan PERMA Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. (2). Untuk mengetahui dan menganalisis hambatan pengangkatan mediator non hakim terhadap penyelesaian perkara pada pengadilan agama. Pada metode penelitian tesis ini, jenis penelitian ini termasuk dalam kategori penelitian hukum yang bersifat yuridis normatif. Pada ada penelitian ini ada empat pendekatan yang digunakan yaitu; Pendekatan peraturan perundang-undangan (statute approach), Pendekatan Kasus (case approach), dan Pendekatan Konseptual (conceptual approach), serta Pendekatan Perbandingan (comparative approach). Hasil penelitian bahwa: (1). Kewenangan Pengadilan Agama dalam pengangkatan mediator non hakim pada Berdasarkan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Prosedur Mediasi Di Pengadilan, pada dasarnya yang menjadi mediator adalah orang yang bukan hakim yangtelah mendapat dan memperoleh sertifikat mediator dari lembaga yang sudah terakreditasi oleh MA, akan tetapi PERMA Nomor 01 Tahun 2008 memberikan kelonggaran apabila disuatu lingkungan peradilan tidak terdapat mediator bersertifikat maka yang menjadi mediator adalah hakim yang berada dalam lingkungan peradilan tersebut. Prinsip utama untuk pengangkatan mediator adalah harus memenuhi persyaratan kemampuan personal dan persyaratan yang berhubungan dengan masalah sengketa para pihak. Jika persyaratan ini telahdi penuhi baru mediator dapat menjalankan mediasi. (2). Hambatan pengangkatan mediator terhadap penyelesaian perkara Pengadilan Agama, ada dua yakni; pertama, akan berhasil jika terpenuhi empat hal mengenai keberhasilan mediasi yaitu; para pihak, mediator, keluarga,advokat (jika memakai advokat). Kedua, bisa gagal jika para pihak sudah tidak ingin berdamai dan rukun kembali. Karena para pihaklah yang mengambil keputusan, berdamai atau tidak. Sebagai pihak yang netral mediator memiliki peran penting dalam proses mediasi.yang membantu para pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian.

DISPENSATION FOR MARRIAGE AT KEPAHIANG RELIGIOUS COURT AFTER THE REVISION OF MARRIAGE LAW NUMBER 1 OF 1974 WITH LAW NUMBER 16 OF 2019 Yeni Puspitawati; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25161

This study raised the issue of the factors causing the increase in marriage dispensation cases at Kepahiang Religious Court after the revision of Marriage Law Number 1 of 1974 with Law Number 16 of 2019. It investigated how the process of examining cases of marriage dispensation applications and the consequences of what laws resulted in the changes of Law Number 16 of 2019 concerning marriage at the Kepahiang Religious Court. To answer this problem, empirical juridical research was used with data obtained through in-depth interviews with the chairman, judges, and court clerks as informants and supporting data in the form of literature books, and laws and regulations, all of which are related to the problem. After the data can then be analyzed based on qualitative juridical analysis. There were several results in this research. First, the factors causing the increase in marriage dispensation cases at the Kepahiang Religious Court were due to promiscuity, parental concerns for their children, and low education factors. Second, the process of examining marriage dispensation cases was carried out by a single judge. The applicants were obliged to present the child, the prospective husband/wife, and the parents/guardian of the prospective husband/wife. Moreover, it was also the language method of the judge that was easy to understand by the child, the time when the judge and clerks did not wear trial attributes when the examination happened, and the availability of advice and the child's statement. Third, the legal consequences resulting from the amendment to Law Number 16 of 2019 are based on some aspects namely, the increase in marriage dispensation cases, the complexity of the process of handling marriage dispensation cases because many requirements had to be fulfilled and many people carried out the underhand marriages.

The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts Sinung Mufti Hangabei; Khudzaifah Dimyati; Absori Absori; Akhmad Akhmad
LAW REFORM Vol 17, No 1 (2021)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

The Pancasila ideology is positioned as the source of all sources of law in Indonesia. This meaning cannot be separated from the ideal value of the Indonesian Nation, which is God Almighty. This paper discusses the understanding of religious dimension of Pancasila as a legal norm, so that the applicable law can achieve its objectives. The normative and philosophical approach methods show that Pancasila has the roots of religiosity in its formation. The results of the study show that the strengthening of substantial ideological thinking based on social values that live in society and cannot be separated from the religious values of Pancasila becomes a place where law carries out its functions and roles in the life of the nation and state. In conclusion, the basic norms of the state, Pancasila, which have a religious dimension, are used as a benchmark in assessing the validity of the established regulations. The purpose of law is inseparable from the ultimate goal in the life of the nation and state, namely the values and philosophy of community life itself. The legal construction that puts aside Indonesian values in the context of ideology and the ideology of Pancasila law will result in the law losing its "spirit".

THE IMPLEMENTATION OF HALAL PRODUCT GUARANTEES FOR TRADITIONAL FOOD ENTREPRENEURS BY THE INDONESIAN ULEMA COUNCIL ACCORDING TO ISLAMIC LAW AND LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES IN BENGKULU CITY Agri Theo Renaldo; Sirman Dahwal; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27796

The writing of this research aims to (1) find out and analyze the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, (2) find out and analyze the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City, and (3) find out and analyze the efforts to overcome the obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City. This research used a descriptive approach and the data were gathered through primary, secondary, and tertiary legal materials. The results of the research explained that the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City is begun with traditional food entrepreneurs carrying out online registration at the Bengkulu Provincial Regional Office of the Ministry of Religious Affairs. The obstacles to the implementation of halal product guarantees for traditional food entrepreneurs by the Indonesian Ulema Council in Bengkulu City included; a lack of legal awareness of traditional food businesses to obtain halal product guarantee certificates, and the efforts made by the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council of Bengkulu Province to socialize Halal Certification and the importance of halal food and increase the number of Halal Inspection Agencies to all regions in Bengkulu province, as well as increase the number of auditors of the Institute for the Study of Food, Drugs, and Cosmetics of the Indonesian Ulema Council to the regions of Bengkulu Province. Keywords: Halal product guarantee, entrepreneurs, traditional food, the Indonesian Ulema Council, Islamic law, Law Number 33 of 2014.

A COMPARATIVE STUDY BETWEEN THE CUSTOMARY INHERITANCE LEGAL SYSTEM OF THE COMMUNITY AND THE ISLAMIC INHERITANCE LEGAL SYSTEM ON INHERITANCE DISTRIBUTION IN MUKOMUKO CITY DISTRICT OF MUKOMUKO REGENCY Vidyadhara Prawiratama Nugraha; Andry Harijanto; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27804

The writing of this research aims to: (1) understand and explain the inheritance distribution system according to the customary inheritance law of the Mukomuko community; (2) understand and explain the inheritance distribution system according to the Islamic inheritance law; (3) understand, study, and compare between the customary inheritance system of the community and the Islamic inheritance legal system on the inheritance distribution. This research used a normative research method with a comparative approach. A comparative approach is an approach to investigate the similarities and differences in things, people, work procedures, ideas, and critics towards other people, groups, and people’s perspectives on a group, a country, or an event. This research revealed that: (1) the inheritance distribution system according to the clan customary inheritance law, either high heirloom property (known as Harta Pusaka Tinggi) or matrimonial property, is subjected to matrilineal principles (the inheritance right of daughters are greater than the sons); (2) the inheritance distribution system according to the Islamic inheritance system is subjected to Qur’an with patrilineal principles (the inheritance right of sons are greater than the daughters); (3) the comparison of inheritance distribution according to the customary legal system of the community and the Islamic inheritance legal system have some similarities and differences. Both systems have tangent points in which the customary law of the community is individual-collective which is under the matrilineal principles while the Islamic inheritance law is individual-bilateral which is under the patrilineal principles. Keywords: A comparative study, the customary inheritance law of the community, the Islamic inheritance law.

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