Munsharif Abdul Chalim
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law Muhammad Farid; Ahmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (796.533 KB) | DOI: 10.30659/sanlar.3.3.944-962

Abstract

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.
Supervision and Guidance Implementation on Notaries by Regional Supervisory Council & Legal Consequences Annisa Mahardani Tasruddin; Ahmad Khisni; Munsharif Abdul Chalim
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (741.538 KB) | DOI: 10.30659/sanlar.3.3.884-892

Abstract

The purpose of this study is to determine the implementation of Notary supervision carried out by MPD, the performance of Notaries based on the results of Notary supervision by MPD, and to find out the obstacles faced by MPD in carrying out Notary supervision in their area. The approach method in this research is normative juridical. The research specification is descriptive analytical. The data sources used in this study consist of primary data and secondary data which can be distinguished in primary legal materials, secondary legal materials, and tertiary legal materials. Collecting data in this study using the method of literature study and interviews. The data analysis technique used is the processed data which will be presented in the form of qualitative data analysis. Based on this research, it can be concluded that the Notary has the legal authority to make an authentic deed. In order to improve the quality and quantity of Notaries, a new regulation that applies to Notaries is issued, namely Act No. 30 of 2004 concerning Notary Positions (UUJN). Along with the accountability of the Notary to the community in carrying out his duties, then it must be guaranteed by the existence of a supervision and guidance. Notary supervision is carried out by involving several elements, namely experts from academics, government elements, and notary elements.