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Prosiding Hukum Waris Menurut Adat di Indonesia Handayani, Emy; Sembiring, Rosnidar; Ginting, Sryani Br; Al Amruzi, HM Fahmi; Warjiyati, Sri; Sari, Zeti Nofita; Suprapto, Suprapto; Rato, Dominikus; Aseri, Muhsin; Hasan, Ahmadi; Aida, Nur; Wahidah, Wahidah; Marthin, Marthin; Salamah, Ummu; Ziyad, Ziyad; Muzainah, Gusti; Fidiyani, Rini; Pawana, Sekhar Chandra; APHA, Journal Manager
Jurnal Hukum Adat Indonesia 2021: Prosiding Webinar Hukum Waris Menurut Adat di Indonesia
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (6031.397 KB) | DOI: 10.46816/jial.v0i0.37

Abstract

Puji Syukur kehadirat Tuhan Yang Maha Esa atas segala rahmat dan hidayah-Nya sehingga Prosiding Webinar Asosiasi Pengajar Hukum Adat dengan Tema "Hukum Waris Menurut Adat di Indonesia" yang diselenggarakan Lembaga Studi Hukum Indonesia bekerjasama dengan Bidang Penelitian dan Pengembangan APHA Indonesia dapat kami selesaikan. Webinar Nasional ini dibagi menjadi empat seri dalam 4 minggu, yaitu: Webinar seri 1 pada Minggu ke 1 Bulan Februari 2021 Webinar seri 2 pada Minggu ke 2 Bulan Februari 2021 Webinar seri 3 pada Minggu ke 3 Bulan Februari 2021 Webinar seri 4 pada Minggu ke 4 Bulan Februari 2021 Penyusunan prosiding ini dimaksudkan agar masyarakat luas dapat mengetahui dan memahami berbagai informasi terkait dengan penyelenggaraan seminar nasional tersebut. Informasi yang disajikan dalam prosiding ini meliputi berbagai perkembangan pelaksanaan hukum waris di beberapa daerah di Indonesia.
Inter-Religious Inheritance Relationship Aseri, Muhsin
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4152

Abstract

The general principle of the Qur'an regarding inheritance rules is that every relative gets an inheritance in a fair and balanced manner, regardless of gender, small or old children, or religious differences. When there is a hadith that explicitly states that religious differences are a barrier to inheriting each other, it has implications for inheritance law problems for relatives of different religions. This study aims to reveal how the inheritance relationship between religions is for heirs. This research, which is literature research, is sourced from primary, secondary, and tertiary legal materials with conceptual and philosophical approaches and using qualitative descriptive analysis. This study found that religious differences remained a barrier to inheritance. However, the obstruction of both parents and relatives from obtaining an inheritance due to religious differences does not prevent them from obtaining a share of the inheritance of the testator through the legal will or wills of obligatory.
Proliferation of Halal Regulation and Enforcement in Indonesia and Malaysia Jalaluddin, Jalaluddin; Azhar, Alias; Muzainah, Gusti; Aseri, Muhsin; Al Amruzi, M. Fahmi
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.126

Abstract

As part of safeguarding human rights, Indonesia has issued regulations on halal products that encourage entrepreneurs to certify their products. To facilitate this effort, the country has implemented several policies. Adopting a human rights perspective, this article aims to elucidate the government's policies on halal products at the regulatory and implementation levels. To attain a more comprehensive understanding, this research employs a legal comparative approach, using Malaysia as a benchmark. The findings of this study indicate that normatively, Indonesia has generated a range of legal instruments serving as the foundation for halal products. These legal instruments are systematically implemented, from the central government down to the grassroots level. However, this implementation encounters challenges such as normative ambiguity and the expansive interpretation of products that require halal certification. This is in contrast to Malaysia, which regulates halal products in a more dynamic and flexible manner.
Strategies for Strengthening Character Education in Islamic Boarding Schools Through Extracurricular Activities Huda, Nadya; Widodo, Bambang Sigit; Karwanto; Aseri, Muhsin; Wahyudin
Munaddhomah: Jurnal Manajemen Pendidikan Islam Vol. 5 No. 3 (2024): Progressive Management of Islamic Education
Publisher : Prodi Manajemen Pendidikan Islam Pascasarjana Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/munaddhomah.v5i3.1397

Abstract

This study examines the role of extracurricular activities at Al Falah Islamic Boarding School in strengthening student character and the strategies implemented to achieve this goal. Employing qualitative methods such as interviews with key stakeholders and direct observations, the research highlights the significant impact of activities like scouting, Pagar Nusa martial arts, Palang Merah Remaja, rebana, and calligraphy in fostering values such as discipline, leadership, and empathy among students. Key strategies include embedding character values into the extracurricular curriculum, training program managers, diversifying activities to enhance student participation, and garnering support from families and communities. The findings reveal that structured and purposeful extracurricular programs effectively contribute to students’ character development. Leadership activities, humanitarian involvement, and cultural preservation impact essential values. Despite its contributions, the study acknowledges limitations, including small sample size, focus on a single institution, and lack of analysis across different age groups, student levels, or gender. The reliance on qualitative methods also suggests the need for further research involving broader and more varied samples, exploration of diverse educational settings, and a mixed-methods approach. These findings underscore the potential of extracurricular activities as a strategic avenue for character education in Islamic boarding schools.
PROBLEMATIKA PERNIKAHAN MUALLAF DI LOKSADO: SEBUAH ANALISIS HUKUM DAN SOSIAL Aseri, Muhsin
Berajah Journal Vol. 4 No. 4 (2024): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v4i4.393

Abstract

This article aims to explore the problems of Muslim convert marriages in Loksado, especially regarding the process and registration of marriages. This research is field research with a qualitative descriptive approach. The research subjects included Muslim convert couples who had married in Loksado. Data was obtained through structured interviews and document study. The research results show that there are significant problems in registering marriages of converts to Islam, especially for those who were previously married according to the Kaharingan belief. The main obstacles include the absence of a divorce certificate, death certificate, and legalization of marriages entered into before converting to Islam. Factors that influence this problem include low levels of education, understanding of administration, and economic factors. In addition, differences in views were found between Islamic law and Indonesian positive law regarding remarriage after converting to Islam. This article provides an in-depth view of the need for administrative reform and legal policy to protect the rights of converts to marriage.
Scientific Consideration in the Concept of Islamic Law in Indonesia : A Study on The Fatwas of Falakiyah Of MUI Rasyid, Muhammad; Aseri, Akh. Fauzi; Sukarni, Sukarni; Aseri, Muhsin
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.2.202-229

Abstract

This study aims to incorporate scientific consideration in the application of falakiyah fatwas of the Indonesian Ulema Council and maps the patterns of the nexus between religion and science in those fatwas. This research involved a library study and a qualitative method. The approaches took into account ushūl fiqh and scientific approaches. With regard to the theoretical fundamentals, this research adheres to cum-doctrinaire introduced by A. Mukti Ali and the theory relating to the nexus between religion and sciences by Ian G. Barbour. The primary data were sourced from six falakiyah fatwas by the Indonesian Ulema Council from 1976-2010. The data were garnered from documentation and analysed with content analysis. The research results show that scientific studies in falakiyah fatwas of the Indonesian Ulema Council play the following three roles: first, scientific studies are to help understand problems that religious knowledge cannot fathom; second, scientific studies along with syar’ī theorem are referred to as a primary consideration in setting a fatwa; third, the scientific studies serve as the basis of amendments in a fatwa. Unfortunately, Scientific studies are not always consistently taken into account in setting falakiyah fatwah of the council, thereby sparking diverging religious patterns intertwining with sciences in falakiyah fatwas, ranging from conflict relations, independence, and dialogues, to integration. 
PRINCIPLES OF ISLAMIC PERSONALITY IN THE RELIGIOUS JUSTICE SYSTEM IN INDONESIA Aseri, Muhsin; Huda, Nuril
IBLAM LAW REVIEW Vol. 3 No. 1 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i1.110

Abstract

The 1945 Constitution, is to put people in the same position before the law including before the judiciary. In The Law of the Republic of Indonesia Number 50 of 2009 concerning the Second Amendment to the Law of the Republic of Indonesia Number 7 of 1989 concerning Religious Justice contained the principle of Islamic personality, people who litigate in religious courts must be Muslims. This study aims to analyze legal conflicts, especially a person's religiousness for litigants in religious courts. This normative research (library research) is sourced from primary, secondary and tertiary legal materials with philosophical, statute, and conceptual approaches and uses qualitative descriptive analysis. This research found that in the religious courts in prosecuting, it seems that they must pay attention to the status of religion, people who are litigants must be Muslims. However, at the level of principles drawn from the laws governing the litigation system in religious courts, it turns out that non-Muslims can also litigate and in adjudicating are based on legal acts or legal events that occur when a person is Muslim, because it is considered fairer, in accordance with the orderly law and human rights.
Fatwa-Fatwa Falakiyah Majelis Ulama Indonesia: Peran Majelis Ulama Indonesia dalam Perkembangan Diskursus Falakiyah Kontemporer di Indonesia Rasyid, Muhammad; Izzuddin, Ahmad; Aseri, Muhsin
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4470

Abstract

This article aims to provide an in-depth examination of the role of the Indonesian Council of Ulama (Majelis Ulama Indonesia, MUI) in shaping, influencing, and directing the discourse of contemporary Islamic astronomy (‘Ilm al-Falak) in Indonesia through its fatwa-based decisions on falak-related issues. The main issue addressed in this study concerns how MUI, as a religious authority in Indonesia, serves to bridge the gap between scientific developments, divergent perspectives and methodologies among Muslims, and the community’s demand for uniformity in religious practices—particularly regarding the determination of the beginning of lunar months, prayer times, and the direction of the qibla. Practically, this issue is significant for understanding the relationship between religious authority, scientific advancement, and societal needs. The research employs a normative legal method, adopting uṣūl al-fiqh, astronomical, and socio-political approaches. The data sources consist of seven MUI fatwas on falak-related matters, encompassing themes such as the determination of lunar months, qibla direction, and prayer times. The data were analyzed using content analysis. The findings of this study highlight three significant roles of MUI in the discourse of contemporary Islamic astronomy in Indonesia: (1) formulating and establishing guidelines on falak-related issues; (2) acting as the primary mediator in resolving methodological and interpretative differences among Indonesian Muslims regarding falak matters; and (3) integrating religious understanding with scientific perspectives in the field of ‘Ilm al-Falak. Consequently, MUI’s role is crucial in maintaining coherence and legal certainty in Islamic law concerning falak in Indonesia, although there remains room for more intensive collaboration with academic scholars and modern astronomers to achieve broader consensus.