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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Pena Justisia: Media Komunikasi dan Kajian Hukum
Akhmad Fauzi Aseri
Universitas Islam Negeri Antasari
Law, Crime, Criminology & Criminal Justice Social Sciences

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Hukum Hadat Dayak Ngaju: Tahiu Janji Pangawin di Kalimantan Tengah Muhamamd Dlaifurrahman; Akhmad Fauzi Aseri; Mujiburohman Mujiburohman
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 17, No 1 : Al Qalam (Januari 2023)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v17i1.1576

Abstract

The purpose of this study is to find out how the Ngaju Dayak Hadat Law regulates the application of tahiu promise pangawin to the Ngaju Dayak indigenous people. The method that the author uses is a normative research method with a library study approach, using primary and secondary legal materials such as 96 articles of Damai Tumbang Anoi, the book of Panaturan, marriage agreements, legal books and legal research results. The results of this study that know the promise of pangawin is a customary law of the Ngaju Dayak community to form an eternal household but only death can separate because for the Ngaju Dayak indigenous people marriage is a sacred and sacred thing, it is very necessary to maintain its sanctity. In accordance with the teachings they believe, referring to the marriage stories between Raja Garing Hatungku and Nyai Endas Bulau Lisan Tingang in the book of Panaturan chapter 30. For those who violate the promise of marriage, they will be subject to sanctions in accordance with article 3, namely singer hatulang not yet in the 96 articles of Peace. Fall Anoi.
Reconstruction of the Law on Compensation for the Remaining Land Acquisition of Government-Owned Projects in the Perspective of Islamic Law and National Law Muhammad Rizki Azhari; Akhmad Fauzi Aseri; Muhaimin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6245

Abstract

Development carried out by the government certainly cannot be separated from the land acquisition process. Legally, land acquisition for development in the public interest is regulated in Law Number 2 of 2012. The government as a policy maker is responsible for the birth of a regulation by looking at it from the perspective of the value of maslahah for the community, especially land owners. Compensation for land acquisition for public interest is one example of a case that can be resolved with this concept, because it is related to worldly matters (muamalah) and social problems. The law in the Qur'an and As - Sunnah teaches to create peace in life with the methods that have been given. The problems raised specifically include what are the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land in national law, how is the review of Islamic law related to the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land and how is the reconstruction of the law regarding the period of compensation for the remaining land areas affected by the acquisition of government-owned project land from the perspective of Islamic law and national law. The method used in this study is normative legal research through literature studies using a statutory approach ( Statute Approach ), conceptual, case study and comparison. Therefore, in order to obtain legal certainty and achieve a sense of justice, it is necessary to reconstruct several legal provisions regarding the time period for providing compensation for remaining land areas affected by land acquisition for public interest.
Co-Authors Muhaimin Muhamamd Dlaifurrahman Muhammad Rizki Azhari Mujiburohman Mujiburohman