Iza Rumesten RS
Fakultas Hukum Universitas Sriwijaya

Published : 12 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 12 Documents
Search

State Role in Balancing Harmony in a Diversed Society: Regulating Religions in Indonesia RS, Iza Rumesten
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.03

Abstract

As a State in which its society believes in the existence of God, it is not a surprising fact that a number of religions developand recognized in Indonesia. These include Islam, Catholic, Protestan, Hindu, Budha and Konghucu. Since most of Indonesian people are the followers of Islam, this religuions become the majority in Indonesia. Certain matters are regulated separately from the national laws, so that such laws only applicable for muslim. These include arrangement on marriage between moslem, which is provided by Indonesian Act Number 1 Year 1974 on Marriage. Indonesia also has a specific religious court for moslem. The competence of religious court for moslem is clearly stipulated in Article 1 paragraph (1) of Act Number 50 Year 2009 on Religious Courts. Article 49 of the Act stipulates that the religious courts have the duty and authority to examine, decide, and resolve cases in the first instance among Moslim in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, shadaqah and sari'ah economy.While some argues that the existance of religious court can be seen as Government failures in guarantee constitutional rights for minority, this paper seeks to find how to prevent potential religious disharmony in Indonesia. Based on the results of normative juridical research, it can be concluded that ideal arrangements related to religion is that it cannot separate the judiciary between Islam and other religions, because it might create possible sense of injustice and disharmony of minority religions. Thus, a specialized religious court for moslem might not be necessary.
The Prosecution Independence in the Resolution of Inheritance Legal Disputes Involving State Assets or Public Interests Rasidi, Rasidi; Febrian, Febrian; RS, Iza Rumesten
JURNAL AKTA Vol 12, No 3 (2025): September 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i3.45842

Abstract

The independence of the prosecutor's office is crucial in resolving inheritance law disputes involving state assets or public interest, in order to prevent abuse of authority and potential state losses. Prosecutors often face external pressure when handling strategic inheritance cases that concern public interest. Therefore, this study aims to analyze the extent to which prosecutorial independence is maintained and how its role can be optimized in resolving inheritance disputes with broad impacts. This research is a normative legal study that seeks to identify legal rules, principles, and doctrines through literature review to address the legal issues examined. The research was prescriptive and explanatory in nature, providing systematic and comprehensive explanations and solutions to the legal issues. The approaches used include statutory, conceptual, comparative, and futuristic approaches, with secondary data collected through library research and analyzed qualitatively using a deductive reasoning method. The results show that the independence of the prosecutor's office in resolving inheritance disputes involving state assets or public interest is not yet fully ensured due to external intervention and pressure. The absence of technical guidelines and limited interagency coordination hinder the prosecutor's office from optimally protecting the interests of the state.