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All Journal METAMORFOSA Journal of Biological Sciences RETORIKA: Jurnal Ilmu Bahasa Jurnal Dinamika Hukum Jurnal Ilmiah Mahasiswa Fakultas Ilmu Sosial & Ilmu Politik ACITYA Journal of Teaching & Education JURMA : Jurnal Program Mahasiswa Kreatif JL3T (Journal of Linguistics, Literature and Language Teaching) Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Proceedings of International Conference on Multidiciplinary Research Journal of Scientech Research and Development Safari : Jurnal Pengabdian Masyarakat Indonesia Journal of Governance and Social Policy International Journal of Law and Society Multidisciplinary Indonesian Center Journal
ZAHRATUL IDAMI
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Multidisciplinary Indonesian Center Journal

 1 
LEGAL ANALYSIS OF THE HOLDERS OF RESPONSIBILITY RIGHTS WHOSE RIGHTS WERE TRANSFERRED BECAUSE THEIR GRANT WAS CANCELLED BY THE BANDA ACEH SYAR’IYAH COURT Deddy Yusuf; Zahratul Idami; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.767

Abstract

Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.
APPLICATION FOR DETERMINATION OF HEIR CONTENTS AT BANDA ACEH SYAR’IYAH COURT Rian Apriesta Ramsadefa; Ilyas Yunus; Zahratul Idami
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.768

Abstract

To determine the rightful heirs must be determined in court voluntarily as regulated in Article 49 Letter b of Law Number 3 of 2006 concerning the Authority of Religious Courts. However, in reality there are heirs who are unwilling to submit an application for the determination of heirs, resulting in the obstruction of the rights of other heirs. The purpose of writing this thesis is to explain the procedures and special requirements in submitting a contentious determination of heirs, to explain the evidence of the applicants against the heirs, and to explain the efforts made to overcome obstacles in determining heirs contentiously. This research is an empirical legal research, data is obtained directly through interviews and literature reviews. Data is collected and then analyzed qualitatively. The results of this study indicate that there are still many heirs who submit the determination of heirs voluntarily with a lack of parties and result in their decisions being declared unacceptable, but in terms of contention there are still many heirs, judges and lawyers who do not know that there are provisions in the Circular of the Supreme Court (SEMA) Number 5 of 2021- Formulation of the Law of the Religious Chamber-2.b there are special procedures and requirements and proof in the submission as well as obstacles and efforts that must be made in the application for determination of heirs contentiously which is different from voluntary. It is recommended that the Sharia Court provide information regarding the new provisions in submitting applications to both lawyers and interested parties in order to obtain legal certainty because many parties do not yet know these provisions.
Co-Authors Abdul Muttaqin Rusydi Akbarul Fajri Annisa Rahmah Nasution Ayu Dwi Putri Cut Intan Meutia Deddy Yusuf Dedy Suhery Dhieva Zahwa Gunawan Fitri Anisah Nasution Ilyas Yunus Juriani Juriani Lulu Syabrina Melfa Aisyah Hutasuhut Mohd Hamid Raza Nia Yunita Nona Pebriana Rangkuti Nuranisa Karina Berutu Nyak Mutia Ismail Pratiwi, Diah Ayu Pratiwi Rahmadina Rian Apriesta Ramsadefa Riqqah Balqis Saddam Rassanjani Shafrida Wati Siska Tria Danisa Syifa Maisarah Teuku Saiful Teuku Soekiarandi TR Veni Nella Syahputri, Veni Nella