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Reconstruction of the Principle of Justice in the Islamic Inheritance Law System in Indonesia Susi Aryani Manangin; Feibe Engeline Pijoh; Mujibur Rahman; Fatimah HS
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i2.5434

Abstract

This study aims to analyze the application of the principle of justice in the distribution of inheritance according to Islamic law in Indonesia, as regulated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). The primary issue examined is how the principle of proportional justice manifests in the distribution of inheritance, as well as its practical implementation in the Religious Court (Peradilan Agama) in responding to the social dynamics of modern society. The research method employed is normative juridical with a conceptual approach. The findings reveal that justice in Islamic inheritance law does not always mean numerical equality (equal distribution), but is rather grounded in a balance between rights and obligations (the obligation of financial support/nafkah). However, in practice in Indonesia, there exists room for the application of substitute heirs (Ahli Waris Pengganti) and testamentary grants (Hibah Wasiat) as instruments to realize distributive justice for heirs who do not receive a portion under the faraid system. This article concludes that the principle of justice in Islamic law in Indonesia is dynamic, wherein legal certainty is maintained through the Quranic text, while substantive justice is achieved through judicial ijtihad and family agreement (takharuj).
TINJAUAN HUKUM TERHADAP SENGKETA MEREK KARENA ADANYA PERSAMAAN PADA POKOKNYA MENURUT UNDANG - UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Astria Rikayana Pakpahan; Feibe Engeline Pijoh; Arthur Novy Tuwaidan; Lesza Leonardo Lombok
INVENTION: Journal of Intellectual Property Law Vol. 2 No. 2 (2025): INVENTION: Journal of Intellectual Property Law
Publisher : Lembaga Penelitian Pengabdian Masyarakat dan Pusat Kajian - Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/invention.v1i2.1465

Abstract

Hak Kekayaan Intelektual adalah hak ekonomi atas karya intelektual, termasuk merek dagang yang membedakan produk suatu perusahaan. Sengketa merek sering terjadi akibat peniruan, terutama terhadap merek terkenal, seperti kasus "Gudang Garam" vs "Gudang Baru" yang dinilai melanggar UU No. 20 Tahun 2016 yang digugat PT. Gudang Garam karena dianggap menyerupai mereknya, baik secara visual maupun unsur lainnya. Metode yuridis normatif digunakan dalam penelitian ini. Hasil penelitian menunjukkan bahwa dalam berbagai aspek, termasuk bentuk dan komposisi huruf, komposisi warna, ejaan, gaya penulisan, dan penempatan gambar atau lukisan, terdapat persamaan antara Gudang Garam dan Gudang Baru. Dalam kasus sengketa merek gudang garam dan gudang baru, bentuk kepastian hukum utama adalah keputusan pengadilan yang berkekuatan hukum tetap. Penggunaan merek yang sama merusak hak eksklusif merek dagang yang telah didaftarkan sebelumnya. Dengan demikian, pihak pertama memerlukan perlindungan hukum.
LEGAL ANALYSIS OF DRUG ABUSE LAW TREATMENT THROUGH A RESTORATIVE JUSTICE APPROACH TO THE COUNTRY'S ECONOMY Ariel Hermanus Gumalang; Lesza Lombok; Feibe Engeline Pijoh
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9429

Abstract

Law evolves continually from the past to the present, aiming to improve various aspects, particularly the implementation of justice. One significant development is Restorative Justice, which shifts the focus in the criminal justice system towards justice for both victims and perpetrators, including alternative punishments like social work. The term "narcotics" often causes people to recoil in fear due to the severe negative impacts and numerous victims associated with these illegal substances. This concern extends widely, particularly among parents who worry about their children's associations. Recently, the issue has escalated to become a widespread concern for all segments of society. this research is to find out the regulations for the use of restorative justice in drug abuse cases and to determine the effect of criminal acts of drug abuse on the country's economy. By using normative legal method, the author finds that Restorative Justice is a shift in the criminal justice system that prioritizes justice for both victims and perpetrators, including alternative punishments like social work. It is regulated by various laws and emphasizes rehabilitation for narcotics abusers, recognizing them as both perpetrators and victims. The illegal drug trade has increased social, health, and economic impacts, with drug abuse leading to crime and social insecurity. Economic pressures drive abusers to commit crimes such as theft and robbery. According to data, Indonesia's state losses due to drugs have significantly risen, reaching IDR 84.7 trillion in 2017. Additionally, the UNODC reported a three-fold increase in opium production since 2006 in Southeast Asia's Golden Triangle, threatening regional stability and law enforcement.
LEGAL ANALYSIS OF CONSUMER PROTECTION OF PUBLIC TRANSPORTATION SERVICES FOR TRAFFIC ACCIDENT VICTIMS Nabila Azizah Adama; Feibe Engeline Pijoh; Isye Junita Melo
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9450

Abstract

Apart from causing casualties such as injuries and deaths, traffic accidents also cause material losses. Material losses resulting from traffic accidents are certainly not small, especially for victims who have experienced physical losses and also experienced material losses, as well as the families of victims who have died There is an obligation for public transportation companies to take responsibility for traffic accidents because the vehicle crew works under the authority of the owner of the public transportation. However, in reality, not all public transportation companies carry out their responsibilities as regulated in statutory regulations. Full legal responsibility often assigned to the vehicle crew who are directly involved in a traffic accident. By using normative legal method, this research aims to find out how consumer protection arrangements for users of public transportation services are regulated and find the right concept of legal protection for consumers who are victims of public transportation traffic accidents. The author finds that consumer protection regulations for users of public transportation services are regulated based on the principles of consumer protection contained in the Law No. 8/1999 concerning Consumer Protection, and are also included in several laws relating to public transportation services, especially roads, namely Law No. 22/2009 concerning Road Traffic Law. Legal protection for consumers who are victims of traffic accidents involving public transportation services is provided through the existing regulations in Consumer Protection Law and Road Traffic Law as well as protection in the so called SWDKLLJ or Mandatory Traffic Accident Fund Contribution mechanism.
THE USE OF POLICE DISCRETION IN INVESTIGATIONS OF CRIME IN THE MINING SECTOR Kadek Agus Surya Darma; Lesza Leonardo Lombok; Feibe Engeline Pijoh
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9452

Abstract

Criminal acts in the mineral mining sector in Indonesia are rife and have become public knowledge. These criminal acts include mining without a mining business permit, data manipulation practices at the exploration stage, mining in protected forest areas, limited production forests and laundering of mining products as well as reclamation and post-mining. The police play a very important role in carrying out law enforcement duties in the environmental sector. Sometimes, because of the lack of environmental knowledge, the police use discretion. Although acting based on the law is basically considered to be contrary to the granting of discretion to the Police, discretion, on the one hand, is considered to eliminate certain predictions regarding the results that will be obtained, but, on the other hand, it also ensures that the principle of legal certainty is maintained, which is wrong an important aspect of law. By using normative legal method, this research aims to find out the reasons behind the police's decision to use discretion in mining criminal cases, and to discover the implementation of Police discretion in the process of investigating criminal acts in the mining sector in Indonesia. The author finds that various factors influence the use of discretion by the Police, including the seriousness of criminal acts, availability of resources, environmental impacts, and the interests of the community and other stakeholders. Based on the context of law enforcement in the mining sector in Indonesia, the implementation of discretion by the Police includes various forms of approaches that are appropriate to the complexity and challenges faced. Several forms of discretion applied by the Police in the process of investigating mining crimes in Indonesia include determining case priorities in handling cases of mining crimes.