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Inayatul Anisah
KH Achmad Siddiq Jember State Islamic University, Indonesia

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Pandangan Hukum Islam terhadap Ketentuan Hilangnya Kekuatan Hukum Surat Wasiat pada Pandemi Covid-19 M. Agustia Maradika Wildan; Inayatul Anisah
Rechtenstudent Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.180

Abstract

A will is a form of gift whose implementation is carried out when the giver of the will dies. The implementation of a will can be done using oral or written methods. The purpose of a will is to make it known to other people, but in the Civil Code there is a rule that a will made during a pandemic suddenly becomes invalid, although in practice this rule does not apply to Muslims in Indonesia. The focus of the problems studied are: 1) What are the provisions for the loss of legal force in a will made during the Covid-19 pandemic based on the Civil Code Article 950 Paragraph 1?; 2) How does Islamic Law regulate the loss of legal force in a will made during the Covid-19 pandemic based on the Civil Code Article 950 Paragraph 1? This study uses a qualitative approach with a normative juridical type of research which aims to obtain views of Islamic Law regarding provisions regarding the loss of legal force in wills made during the Covid-19 pandemic in the Civil Code. The results of the research are that the validity period of a will made during the Covid-19 pandemic based on Article 950 Paragraph 1 of the Civil Code is 6 (six) months and if it exceeds that time, it loses its legal force. Meanwhile, the view of Islamic law is that a will remains legally enforceable as long as the will is not revoked by the testator.
Analisis Yuridis Putusan Mahkamah Konstitusi No. 80/PUU-XIV/2016 tentang Kewarganegaraan Anisah Magfiroh; Inayatul Anisah
Rechtenstudent Vol. 4 No. 2 (2023): Rechtenstudent August 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i2.269

Abstract

In 2016, there was a case regarding the questioning or loss of the citizenship status of a child, which resulted from mixed marriages between Indonesian citizens and foreign nationals (France). A person's citizenship status is very important, because there is legal protection by the state for its citizens both inside and outside the country. The research method of Library Research and the type of research is normative law to arrive at a conclusion and seek information about the basis or legal basis that emphasizes analysis related to the object of study studied by examining Constitutional Court Decisions and journals related to citizenship status. The results of this study include: 1) The issuance of the Constitutional Court Decision Number 80/PUU-XIV/2016 concerning Citizenship was caused by the loss of the constitutional rights of a child from mixed marriages because of the phrase in article 41 of Law Number 12 of 2006 which requires register with the minister 4 years after the law was promulgated, even though it is already known that in article 6 it has also been stated regarding the right to choose citizenship after the age of 18, but it needs to be outlined what the meaning of article 6 only applies if article 41 is done first for children born before 2006. 2) Implications of the Constitutional Court Decision Number 80/PUU-XIV/2016 against mixed marriages in Indonesia eliminates discrimination against women by providing legal protection and clarity for children of mixed marriages.
Co-Authors Anisah Magfiroh M. Agustia Maradika Wildan