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Sri Kusriyah, Sri
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Legal Analysis of the Position of Heirs Who Change Religion According to Civil Law and Islamic Law Wulandari, Ina; Kusriyah, Sri
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The position of heirs who change religions according to civil law and Islamic law. 2) Legal protection that can be guaranteed for heirs who change religions. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The position of heirs who change religions according to civil law and Islamic law, namely civil law does not differentiate heirs based on religion. There is no prohibition for heirs of different religions to inherit the testator's inheritance. While Islamic law does not provide inheritance rights by kinship to heirs who change religions. Heirs who change religions cannot inherit property from Muslim testators. However, the provision of property between people of different religions can still be done in the form of grants, wills, and gifts. If there is an heir who changes religion, the heir should discuss it with the other heirs before he dies. 2) Legal protection that can be guaranteed for heirs who change religions can be guaranteed through several mechanisms, namely the Civil Code still provides inheritance rights regardless of religion, while Islamic Law can still provide rights through grants or wills. Through a family mediation approach, a peaceful agreement can also be reached. An approach through mediation or family agreement can be a peaceful and mutually beneficial solution. With mediation, families can reach an agreement on the division of assets fairly, including providing a portion for heirs who change religions. This path allows for out-of-court settlements, avoids conflict, and maintains good relations between family members. This protection is in line with the principle of justice in Maqasid Syariah and Human Rights to ensure that the rights and welfare of heirs remain protected.
LEGAL CONSTRUCTION OF ZAKAT BASED ON LAW NUMBER 23 OF 2011 CONCERNING ZAKAT MANAGEMENT Fauzi, Rahmat; Rofiq, Ahmad; Kusriyah, Sri; Mashdurohatun, Anis
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1123

Abstract

This study aims to ascertain the Legal Construction of Zakat Management as stated in Law Number 23 of 2011 on Zakat Management. This research uses a juridical-normative approach, a methodology grounded in laws and regulations, and theories and concepts about the scope of zakat rules stated in statutes.   Originating in Indonesian Islamic teachings, Legislation Number 23 of 2011 about Zakat Management declared Zakat a beneficial law.  Zakat's status as a particular worship has enormous potential to enhance the well-being of Muslims in Indonesia if it is properly administered and applied.  According to the study's findings, Law Number 23 of 2011 concerning Zakat Management ought to be able to enhance the effectiveness and efficiency of Zakat management services and the benefits of Zakat in reducing poverty and promoting community welfare. This law strengthens the institutional framework for managing integrated zakat into a single integrated unit, enabling BAZNAS (Provincial and Regional BAZNAS) to become the sole institution with zakat authority and LAZ to support the enforcement of zakat collection, distribution, and utilization. Thanks to this law, institutions that collect zakat will be able to do so more effectively. The application of fines in Aceh to zakat payers (muzakki) who do not want to fulfil their obligations by paying zakat, which has been regulated in Aceh Qanun Number 10 of 2007 concerning Baitul Mal, as the true implementation of Islamic law. The provisions of this sanction cannot be applied in Law Number 23 of 2011 concerning Zakat Management because the Indonesian state is based on Pancasila, not on Islam, unlike Aceh, which is a special autonomous region. In the zakat law, fines can only be given to amil who commits irregularities and misuse of zakat funds, because this is included in criminal acts.
Responsibility of Land Deed Officials for Issuing Replacement Certificates Due to Loss Widyasari, Andini; Hafidz, Jawade; Kusriyah, Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land title certificates are strong evidence of land ownership, providing legal certainty through the land registration system. In practice, problems often arise in the form of lost land title certificates, including during the processing at the Land Office. This situation causes losses for rights holders and raises legal issues regarding the responsibility of Land Deed Officials (PPAT). This study aims to analyze the procedures for issuing replacement certificates for lost land by the Serang Regency Land Office and the responsibility of PPATs in the event of lost certificates during the land registration process. The research method used was sociological juridical with analytical descriptive specifications. The results showed that the procedure for issuing replacement certificates was implemented in accordance with Government Regulation Number 24 of 1997, while the PPAT's responsibilities were principally administrative and professional as long as there was no element of error or negligence. The research results indicate that the procedure for issuing replacement certificates has been implemented in accordance with statutory provisions, particularly Government Regulation Number 24 of 1997 concerning Land Registration, but administrative obstacles remain. The responsibility of the Land Deed Official (PPAT) is, in principle, administrative and professional as long as there is no element of error or negligence.
Legal Review of The Validity of Electronic Signatures in Authentic Deed Muliani Zabir, Andi Sri; Darmadi, Nanang Sri; Kusriyah, Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The regulation of electronic signatures has been widely incorporated into various Indonesian laws and is used by many government agencies and the private sector. Notary practice under Law Number 2 of 2014 on the Notary function has been regulated with respect to the concept of cyber notary. However, it did not further specify or detail the use of an electronic signature in a notarial authentic deed. The purpose of this research is to analyze the existence and validity of electronic signatures in notarial authentic deeds and in other forms of notarial deeds that use electronic signatures. The method used is normative legal research with a law-regulation approach. The source and type of data used are secondary data from a literature review; the analysis is prescriptive. The results show that: 1) notaries in several countries, such as the United States and Japan, have been using electronic signatures in notarial authentic deeds, even making them in digital form, due to the legal foundation that ensures the notary can legally use the electronic signature in those countries. In Indonesia, an electronic signature has been used in government agencies, such as the Ministry of Agrarian Affairs and Spatial Planning and the Ministry of Law, as well as in private parties, such as the company that held a General Meeting of Shareholders of a Limited Liability Company via electronic means. 2) Signing of the original deed using an electronic signature could not be used in Indonesia since there is no clear legal foundation that regulates the notary's authority to use the electronic signature itself. If the notary continues to use the electronic signature on notarial authentic deeds, the deeds will be considered illegal and not authentic. At the same time, the use of an electronic signature on a copy of a notary deed is supposed to be possible as long as the original deed has been completely signed by every party, witness, and the notary, based on the Notary Position Regulations. The suggestion would be: 1) the government needs to implement a change in Law Number 2 of 2014 to accommodate the changing of the era. 2) The synergy between the government and notary organization would give legal certainty toward the use of an electronic signature on notarial authentic deeds by forming a legal foundation for using an electronic signature on the original deed, as well as the system and application that could make the use of an electronic signature on the practice of notary's duties easier.
Co-Authors Achwan, Achwan Ahmad Rofiq, Ahmad Anis Mashdurohatun Aulia, Febriana Putri Jawade Hafidz Listyowati, Peni Rinda Ma'ruf, Umar Muliani Zabir, Andi Sri Mursito, Bambang Nanang Sri Darmadi Rahmat Fauzi Rhodiyah Dwi Istinah, Siti Rinda Listyawati, Peni Sa'adah, Intan Putri Maulidiyyatus Siti Rodhiyah, Siti Suharto, Rakhmat Bowo Suwondo, Denny Victoria, Ong Argo Widyasari, Andini Witasari, Ariyani Wulandari, Ina