Garuda - Garba Rujukan Digital

Sistem Pembagian Waris Menurut Adat Bugis dalam Perspektif Hukum Islam di Kecamatan Banyuasin II Kabupaten Banyuasin Abdul Jafar; Dea Justicia Ardha
Jurnal Ilmiah Universitas Batanghari Jambi Vol 22, No 3 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v22i3.2815

The implementation of the division of inheritance according to bugis customary law in Banyuasin II district, Banyuasin regency. The Bugis people are adherents of the inheritance system drawing the lineage of the Father (Patrilinial). The implementation of the division of heirs in the Bugis community is carried out first by the deliberation of the heirs, in the form of family deliberations carried out by the heirs. The deliberation of the consensus occurred due to the presence of an aged heir (the eldest son) or the existence of family harmony among the heirs. Judging from the perspective of Islamic inheritance law, there are many similarities, but nevertheless it is inseparable from the differences between these two inheritance law systems. The problem in this study is to study and examine the division of inheritance according to Bugis customs in the Perspective of Islamic law? This study uses normative research by using secondary data as the main data and supported by primary data as additional data and does not intend to test hypotheses. The process of dividing bugis customary inheritance in Banyuasin Regency, does not know how to calculate mathematics, as Islamic inheritance law distributes certain parts to the heirs according to their respective positions but is always based on consideration of the results of deliberations, appropriateness, harmony considering the form of objects and the provisions of the applicable inheritance law. The division of inheritance in bugis society of boys gets more shares than the amount obtained by girls.

Proses Legalisasi dan Hambatan Dalam Pengurusan Tanah Warisan Tanpa Sertifikat Justicia Ardha, Dea; Hasmiati, Rahmatullah Ayu Hasmiati; Jafar, Abdul; -, Syamsul
Journal of Sharia and Legal Science Vol. 1 No. 3 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i3.354

Land is a valuable asset that has historical value. To avoid legal complications down the line, it is crucial to ensure that the land is officially titled and registered in the owner's name. Obtaining ownership rights for land can take place either through the inheritance process or by obtaining land certification. However, if the inherited land does not have a certificate, it can cause problems in the division of the inherited property. Legalisation of uncertificated inherited land is important to provide legal certainty for the heirs. The research in this study employs a normative juridical approach, which involves legal research grounded in statutory regulations. The process of legalising inherited land without a certificate can be done by first arranging the Death Letter / Death Certificate of the Heir, then after obtaining the letter, a Certificate of heirs can be submitted first along with a Certificate of ownership from the Lurah / The Head of the Village along with a certificate indicating that the land has not undergone certification, then a new application for registration of the land can be submitted. Land registration aims to ensure a person's right to land, prevent border disputes, and determine the amount of tax. Through registration, an individual can secure clarity regarding their land rights, encompassing ownership rights, business use rights, building use rights, and various others. Many lands are not yet certified due to sub-optimal land registration and people's inability to apply for certificates. Factors that hinder the community include high costs, lack of understanding of registration procedures, and the process is complicated and complex.

Police Legal Responsibilityy For Crime and Thieft Involving Violence Jumadi, Jumadi; Ardha, Dea Justicia; Jafar, Abdul; Saputra, Muhammad Adi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.14177

The Indonesian National Police obtains a mandate from laws tasked with maintaining security and order, protecting, serving, enforcing the law and protecting the public. One of these tasks is the prevention of theft with violence crimes by the Police Resort in the East OKU. In seeking answers to this problem, the author used empirical research methods, by conducting interviews with several parties, including the East OKU Police Resort and the perpetrators of violent crimes. The results of the study suggest that, first, the things that cause theft with violence crimes are caused by two factors, namely endogenous and exogenous factors, but the causative factors that often cause theft with violence crimes in the East OKU such as economic level, low education that causes unemployment, the environment, and lack of legal awareness, and supported by situations and conditions. The second is done by using penal and non-penal effort. Prevention with Penal efforts focuses more on the repressive nature, that is, actions carried out after the occurrence of crime. The study's findings revealed the effectiveness of criminal law and policy in preventing violent stealing.

Penemuan Hukum oleh Hakim Mahkamah Agung Perspektif Hukum Progresif: Wasiat Wajibah Terhadap Anak Sebagai Ahli Waris Beda Agama Jafar, Abdul; Qosim, Sarah; Syamsul, Syamsul
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.9281

This study aims to analyze the progressive legal perspective on the considerations of judges in granting obligatory wills to non-Muslim heirs, uncover how this decision embodies legal discovery, and identify challenges and criticisms that arise both from Islamic law and positive law perspectives in Indonesia.In the progressive legal analysis, this decision demonstrates the courage of the Supreme Court judges in prioritizing substantive justice by considering the social context and pluralism of Indonesian society. The judges employed the method of ijtihad and Islamic jurisprudence principles to justify the granting of obligatory wills to non-Muslim children as a form of protecting human rights. However, this decision is not without criticism, with some arguing that the judges may have overstepped their authority and created legal uncertainty, particularly from the standpoint of conservative scholars who emphasize strict adherence to the texts of the Qur'an and Hadith. Additionally, challenges also arise from the perspective of positive law in Indonesia, concerning the judges' authority in creating precedents outside formal legislative mechanisms. These findings reinforce the urgency of developing more dynamic and responsive methods of legal interpretation to meet the needs of substantive justice. The impact of this decision shows that progressive legal discovery can set a precedent in Indonesia's legal practice, which, when applied prudently, can balance legal certainty and substantive justice. The study’s recommendations emphasize the importance of further discussions on the role of judges in harmonizing principles of justice with written law, as well as the application of legal discovery methods that support inclusivity and justice within a pluralistic society. Abstrak Penelitian ini bertujuan untuk menganalisis perspektif hukum progresif terhadap pertimbangan hakim dalam memberikan wasiat wajibah kepada ahli waris non-Muslim, mengungkap bagaimana putusan ini mencerminkan penemuan hukum, serta mengidentifikasi tantangan dan kritik yang muncul baik dari perspektif hukum Islam maupun hukum positif di Indonesia. Dalam analisis hukum progresif, putusan ini menunjukkan keberanian hakim Mahkamah Agung dalam mengedepankan keadilan substantif dengan mempertimbangkan konteks sosial dan pluralitas masyarakat Indonesia. Hakim menggunakan metode ijtihad dan kaidah fiqih hukum Islam untuk menjustifikasi pemberian wasiat wajibah kepada anak non-Muslim sebagai bentuk perlindungan hak-hak kemanusiaan. Namun, putusan ini tidak luput dari kritik yang menyatakan bahwa hakim berpotensi melampaui kewenangan dan menimbulkan ketidakpastian hukum, terutama dari sudut pandang ulama konservatif yang menekankan pentingnya kepatuhan pada teks Al-Qur'an dan Hadits. Selain itu, tantangan dari perspektif hukum positif di Indonesia juga muncul terkait otoritas hakim dalam menciptakan preseden di luar mekanisme formal legislasi. Temuan ini memperkuat urgensi untuk mengembangkan metode interpretasi hukum yang lebih dinamis dan responsif terhadap kebutuhan keadilan substantif. Dampak putusan ini menunjukkan bahwa penemuan hukum progresif dapat menjadi preseden dalam praktik hukum di Indonesia, yang jika diterapkan dengan bijak, mampu menyeimbangkan kepastian hukum dan keadilan substantif. Rekomendasi dari penelitian ini menekankan pentingnya diskusi lebih lanjut mengenai peran hakim dalam mengharmonisasikan prinsip-prinsip keadilan dengan hukum tertulis, serta penerapan metode penemuan hukum yang mendukung inklusivitas dan keadilan di tengah masyarakat plural.

Legal Assistance in Drafting Anti-Bullying Policies at Islamic Boarding Schools: A Case Study of Tarbiyyah Islamiyah Islamic Boarding School in Limbang Jaya 2 Village Jafar, Abdul; Sarah, Sarah; Saputra, M Adi; Akbar, Firdaus
Unram Journal of Community Service Vol. 6 No. 1 (2025): March
Publisher : Pascasarjana Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ujcs.v6i1.860

This community service program aims to provide legal assistance in drafting anti-bullying policies at Tarbiyyah Islamiyah Islamic Boarding School in Limbang Jaya 2 Village. The program involves lecturers, students, and the Legal Aid Institute (LBH) to create a safe and bullying-free learning environment. Key activities include socialization, training, group discussions, and the drafting of anti-bullying policies based on national law and Islamic moral values. A participatory approach was employed by involving teachers, students, and parents throughout the process. The program's results indicate increased awareness and understanding of bullying, both from the perspective of positive law and moral-religious principles. The drafted policies cover bullying definitions, reporting mechanisms, sanctions, and case handling procedures. Initial implementation of the policies showed positive changes in students' attitudes and behaviors, as well as increased engagement from parents and teachers in creating a bullying-free environment. This program is expected to serve as a model adaptable for other educational institutions. Program sustainability is maintained through regular evaluations and the establishment of an anti-bullying committee at the school. This collaborative approach significantly contributes to fostering a safe, healthy, and harmonious educational environment

Bahaya Mengendarai Kendaraan di Jalan Raya Bagi Anak di Bawah Umur Febrina Hertika Rani; Ismail Pettanasse; Dea Justicia Ardha; Abdul Jafar; Sarah; Heni Marlina; Syahriati Fakhriah
Jurnal Aksi Dosen dan Mahasiswa Vol. 2 No. 1 (2024): Jurnal Aksi Dosen dan Mahasiswa
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jadmas.v2i1.632

The phenomenon of motorbike riding among minors is increasingly widespread both in cities and villages. Many teenagers under the age of 17 pass by on motorbikes every day. The reasons for riding a motorbike vary, they are influenced by internal and external factors of the rider. Internal factors that influence the child include self-motivation to be able to ride a motorbike, while external factors are influenced by friends who can generally ride motorbikes, the relatively far distance from home to school, and parents who have given permission to them to ride motorbikes. Various policies have been implemented to tackle the problem of underage motorbike riders. Several ways to overcome this problem include enforcing laws related to driving regulations, providing mobility and accessibility for all citizens in a safe and environmentally friendly manner, giving an appeal to parents to always guide and supervise their children in terms of driving restrictions and provide knowledge about traffic signs and the dangers of driving a vehicle on the road to children.

Warisan Mafqud dan Orang Mati Bersama Menurut Imam Mazhab dan Hukum Islam di Indonesia Sarah; Syamsul; Abdul Jafar
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 10 No. 2 (2024): Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v10i2.3108

This study aims to examine the legal implications for inheritance rights for parties involved in cases of mafqud (missing persons) and individuals who die together according to Islamic law and the Compilation of Islamic Law (KHI) in Indonesia. The research employs a normative legal study method with an Islamic law approach. The findings indicate that Islamic law provides specific provisions for mafqud cases, considering an individual deceased after a certain period, while in cases of individuals dying together, inheritance distribution is based on confirmation of the order of death. KHI follows a similar principle and involves religious courts in resolving inheritance disputes to ensure fairness. The discussion emphasizes the importance of consistent application of legal provisions and the crucial role of religious courts in addressing uncertainty and conflicts in inheritance distribution.

Legal Assistance in Drafting Anti-Bullying Policies at Islamic Boarding Schools: A Case Study of Tarbiyyah Islamiyah Islamic Boarding School in Limbang Jaya 2 Village Jafar, Abdul; Sarah, Sarah; Saputra, M Adi; Akbar, Firdaus
Unram Journal of Community Service Vol. 6 No. 1 (2025): March
Publisher : Pascasarjana Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ujcs.v6i1.860

This community service program aims to provide legal assistance in drafting anti-bullying policies at Tarbiyyah Islamiyah Islamic Boarding School in Limbang Jaya 2 Village. The program involves lecturers, students, and the Legal Aid Institute (LBH) to create a safe and bullying-free learning environment. Key activities include socialization, training, group discussions, and the drafting of anti-bullying policies based on national law and Islamic moral values. A participatory approach was employed by involving teachers, students, and parents throughout the process. The program's results indicate increased awareness and understanding of bullying, both from the perspective of positive law and moral-religious principles. The drafted policies cover bullying definitions, reporting mechanisms, sanctions, and case handling procedures. Initial implementation of the policies showed positive changes in students' attitudes and behaviors, as well as increased engagement from parents and teachers in creating a bullying-free environment. This program is expected to serve as a model adaptable for other educational institutions. Program sustainability is maintained through regular evaluations and the establishment of an anti-bullying committee at the school. This collaborative approach significantly contributes to fostering a safe, healthy, and harmonious educational environment

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search