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Integrasi Hukum Islam dalam Sistem Hukum Nasional melalui Kajian Peradilan Agama Indonesia ‘Aabidah, Darian Ezra; Luhung Cahya Adi; Jezkhiel Septryan Jubilate Oppusunggu; Muhammad Faisal Firdaus; Ahmad Haikal Manggabarani; Baidhowi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/wyq6dx19

Abstract

This study aims to critically examine the integration of Islamic law within the Indonesian national legal system, specifically through the role and jurisdiction of the Religious Courts (Peradilan Agama) and the utilization of the Compilation of Islamic Law (KHI) as a primary reference. Although Islamic law is formally recognized, and the KHI is widely employed by judges to resolve marriage, inheritance, and waqf (endowment) cases, this research is driven by two main issues: first, the ongoing debate regarding the binding power of the KHI, which is legally based only on a Presidential Instruction; and second, the overlapping jurisdiction between the Religious Courts and the General Courts (Peradilan Umum) in practice. Operating within the framework of the Pancasila legal state, this research analyzes the consistency of these regulations with the principles of legal certainty, usefulness, and justice. The findings are expected to formulate recommendations for legal reform to strengthen the integration of Islamic law and resolve confusion at the practical level.
Spatial Arrangement between Relocation and Change of River Flow to The Jragung Border Settlement Alia, Rahma; Baidhowi
Law Research Review Quarterly Vol. 12 No. 1 (2026): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v12i1.41640

Abstract

This study analyzes community organizations located in the buffer zone of the Jragung River in Demak Regency, which is legally a protected area under Indonesian spatial planning and water management regulations. The primary issue discussed is the continued presence of these organizations in the river boundary area despite clear laws, specifically those stipulated in Demak Regency Regulation Number 6 of 2011, Article 83 paragraph (3), which prohibits development within the river buffer zone, and Law Number 1 of 2011, Article 140, which restricts housing development outside the designated community organization area. These regulations stipulate a minimum distance of five meters from river embankments in areas outside the urban zone. This study aims to explore solutions to these problems. It uses an empirical legal method with a descriptive approach. The legal analysis focuses on the laws and regional regulations governing the river buffer zone, while empirical data is obtained through field observations and interviews with residents living along the Jragung River. Findings indicate that organizations in the river buffer zone developed gradually due to inherited land ownership, economic constraints, strong social continuity with the settlement, and weak government oversight and legal dissemination. While relocation provides hydrological and ecological benefits, it also poses significant social and economic challenges for affected communities. In contrast, river engineering measures, such as river channel straightening and embankment construction, are considered more feasible in the study area because they reduce disaster risk without causing significant social disruption.