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THE DYNAMICS OF DETERMINING MEN AND WOMEN PARTS IN MATTERS OF INHERITANCE: A STUDY OF ISLAMIC LAW Tarmizi Tarmizi; Gustika Sandra; Jumra Jumra; Sakti Yadi
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30172

Abstract

This study aims to understand the dynamics of determining men's and women's parts of inheritance; explore thoughts related to contemporary inheritance formulations and analyze from the perspective of Islamic law. This research is library research with a normative approach (syar'i) in the form of literary analysis relevant to the research object, namely the problem of determining men's and women's parts in the matter of inheritance. The Data were collected structurally through document studies to be analyzed. Data analysis uses qualitative content analysis of relevant documents or texts. As a result, determining men's and women's parts is currently experiencing dynamics 2:1 to 1:1 concept because of the influence of customary law, distribution of inheritance level of welfare, and understanding of the justice value, which has shifted from based on rights and obligations which interpreted according to the needs and conditions. The 1:1 inheritance paradigm or equal share results from the ijtihad of contemporary figures by understanding the value of justice according to social situations and conditions and gender equality. The initiators of the paradigm are Hazairin with the concept of bilateral inheritance, Munawir Sjadzali with his quantitative equation, Muhammad Syahrur, and Yahya Harahap with the concept of boundary theory. According to Islamic law, the 1:1 inheritance paradigm is not contradictory because the goal is for the common good of the heirs. In contrast, the benefit is the goal of Islamic law through the concept of maqāsiḍ sharia by paying attention to the rules of Islamic law, such as not ignoring human rights and maintaining good relations with others. Islamic law, with its flexibility that can adapt to place, time, and circumstances, has also blended with the results of contemporary ijtihad.
Resolution Efforts Land Dispute Through Mediation in Tanah Tengnga Village Subdistrict Palakka Bone Regency Alwi Jaya; Tarmizi; Gustika Sandra
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 2 No. 2 (2022): COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v2i6.976

Abstract

Counseling law as one  form devotion to community at college tall own objective For educate and solve problem in society. In case This is counseling law implemented by the Pengayoman College of La  Watampone related with problem dispute land frequently happened. Therefore that 's devotion This aim For add outlook public related effort solution dispute land through mediation as alternative solution dispute land in Tanah Tengnga Village Subdistrict Palakka Bone Regency. Method used in activity devotion This is counseling with give material technique mediation and simulation solution case dispute land, and ask answer. The result of activity This show that the people of Tanah Tengnga Village Subdistrict Palakka Bone Regency has more knowledge Good about mediation and methods solution dispute land through mediation. Activity This give significant and helpful benefits public in finish dispute land in a way deliberative and effective through mediation.
Increasing Public Understanding Through Legal Socialization About Authentic Deeds Alwi Jaya; Gustika Sandra; Tarmizi Tarmizi
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 2 No. 09 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v2i09.977

Abstract

Deed  is  something  matter  which is common found  in life public everyday. However unfortunately, society Still Not yet Lots know  about  deed, esp  to deed  authentic. Temporary there is a number of deed obeying the law regulation mandatory legislation made in form  deed  authentic. Based on to background behind the, Proposer in devotion to public  This  focused  to  enhancement  understanding public through  socialization  law about  deed  authentic carried out at the Suara Bone Beradat Legal Dialogue. However  because  situation  Covid- 19 pandemic, so  in carry out activity  devotion public This done  with teleconference method. From activities socialization law This expected public will obtain understanding about deed authentic, as well capable know difference between deed authentic with deed below hand along with with consequence their respective laws.
Community Education regarding the Distribution of Inheritance Assets in Kading Village, Awangpone District, Bone Regency Alwi Jaya; Gustika Sandra; Tarmizi
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 1 No. 2 (2021): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v1i6.981

Abstract

Legal counseling activities as a form of community service which is the flagship program of Watampone Pengayoman College of Law aims to educate and solve problems in society. In this case, the legal counseling carried out in Kading Village, Awangpone District, Bone Regency is related to education on the distribution of inheritance and aims to increase the community's insight regarding procedures for dividing inheritance. The method used in this service activity is legal counseling by providing material related to the rules for dividing inheritance and followed by discussion. The results of this activity show that the people of Kading Village have better knowledge about the procedures for distributing inheritance assets according to the regulations in force in Indonesia. This activity provides progressive benefits and helps the community understand the procedures for distributing inheritance assets in accordance with applicable law and increases people's insight so that they are wise in dividing inheritance assets as an effort to avoid disputes due to competition over inheritance assets.
Legal Settlement of Land Disputes at the Bone Regency National Land Office Alwi Jaya; Gustika Sandra; Tarmizi
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 1 No. 1 (2021): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v3i1.985

Abstract

The purpose of this research is to find out the procedures used by the Bone Regency National Land Agency in resolving land disputes as an implementation of one of the functions of the Regency National Land Agency. Bone and what mechanisms the National Land Agency of Bone Regency takes in resolving land disputes. Dispute resolution does not always have to be done in court, but can be done independently between them based on deliberation and consensus, and the most important thing is that there is a sense of kinship, because this method does not damage the kinship relationship between them . In this research the author uses a conceptual approach method, namely the conceptual approach is an approach that departs from views and doctrines that have been developed in legal science and will give research to understandings, legal concepts and legal principles that are relevant to the issue at hand . Therefore, this research is intended to describe land dispute resolution procedures at the Bone Regency Land Office. This activity provides progressive benefits and helps the community understand Legal Dispute Settlement over Land at the Bone Regency Land Office in accordance with applicable law and broadens the community's insight so that they are wise in resolving land disputes as an effort to avoid disputes.
IMPLICATIONS OF EARLY MARRIAGE ON HEALTH AND HOUSEHOLD HARMONY Alwi Jaya; Sumarni; Gustika Sandra; Tarmizi
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 3 No. 02 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v3i02.989

Abstract

This research aims to determine the implications of early marriage on the health aspects of married couples and household harmony. This research is library research through data collection and analysis carried out qualitatively. The data source in this research is primary data, namely data obtained through library materials or relevant research results. The research results show that there are several factors that cause the phenomenon of early marriage, namely, individual factors, economic factors, educational factors, accident factors and community habits. Early marriage can have an impact on aspects of education and self-development which become hampered, trigger Domestic Violence (KDRT), increase the risk of neglect, sexual and reproductive health problems, as well as sexual and reproductive health problems. For this reason, it is hoped that early marriage does not occur by knowing what impacts it has and becoming an asset for society, especially in their respective families, so that they can prevent early marriage.
Juridical Review of Hazardous and Toxic Waste Management Gustika Sandra; Tarmizi Tarmizi; Dewi Mulfiyanti
Journal La Sociale Vol. 4 No. 3 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i3.844

Abstract

This research aims to determine the juridical review of the management of hazardous and toxic waste (LB3) at Tenriawaru Hospital, Bone Regency. This research is field research conducted at Tenriawaru Hospital, Bone Regency using qualitative data collection and analysis methods. The data sources in this research are primary data, namely data obtained from interviews with informants and secondary data in the form of statutory regulations. The research results show that the management of hazardous and toxic waste at Tenriawaru Bone Regional Hospital is carried out by sorting, storing, transporting and burying. Management of B3 waste at Tenriawaru Bone Hospital is in accordance with the Minister of Environment Regulation Number 18 of 2009 concerning Procedures for Licensing Management of Hazardous and Toxic Waste Article 2 paragraph (1), namely the type of B3 waste management activity that must be accompanied by a permit consists of transportation activities, temporary storage, collection, utilization, processing and stockpiling. Regarding the use of medical waste, it is not mandatory considering that medical waste is very dangerous and can cause disease and is dangerous to health. Management has been carried out in a structured manner, but still needs to be strengthened in terms of control so as not to pollute the environment. To prevent the negative impact of the management of hazardous and toxic waste (LB3), especially medical waste in hospitals.
The Role of Customary Law in Regarding Theft Offenses by Minors Muh. Bakri; Rika Damayanti; Gustika Sandra; Andi Arfyan Priatama Amar
Journal La Sociale Vol. 4 No. 3 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i3.847

Abstract

In accordance with the provisions in the articles of the 1945 Constitution of the Republic of Indonesia, it can be said that customary law is recognized for its existence or existence as long as the customary law is still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. This research method uses a descriptive research method using a sociological empirical research approach, namely research carried out through field research at the Palakka District police office, as a provider of justice for every problem that occurs in the community, especially in cases of criminal acts. Child theft which was resolved according to custom. This research uses a normative juridical research type, namely research that uses library methods to produce secondary data as main data and basic data, while primary data is in conservative form and interviews as complementary data. So the obstacle encountered by investigators is the very short time factor for the examination process. Of course, with this the problem arises that actually uncovering cases of theft with violence committed by children is quite difficult, especially if the perpetrator carries out the action not alone but in a group. External obstacles are generally technical obstacles, for example because the residence of the perpetrator and witnesses is far from the place of investigation. If in this case there is more than one perpetrator, whose residence is different, then investigators must also often adjust the investigation time.
THE LEGAL POSITION OF DEPUTY REGIONAL LEADER IN THE IMPLEMENTATION OF REGIONAL GOVERNMENT Alwi Jaya; Gustika Sandra; Tarmizi Tarmizi; Asia Asia
Cerdika: Jurnal Ilmiah Indonesia Vol. 3 No. 1 (2023): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v3i1.686

Abstract

The regulation of the legal position of Deputy Regional Heads in the implementation of Regional Government has undergone dynamics. Law Number 32 of 2004 has further clarified the position of Deputy Regional Heads in a more concrete manner. Especially with the election of a single pair with the Regional Head, it shows that the role of the Deputy Regional Head is becoming stronger in the implementation of Regional Government. This research uses a descriptive juridical method. The results of this study show that the regulation of the position and duties of deputy regional heads in the structure of regional government has undergone different regulatory dynamics in several laws. Their position as a local government official elected directly by the people as a running mate with the regional head strengthens their position in the structure of regional government. Although their duties are primarily to assist the regional head in the implementation of regional government, in certain situations, the deputy regional head can replace the regional head when the regional head is unable to perform their duties.
CHALLENGES AND SOLUTIONS FOR LAWYERS AS LEGAL ENFORCERS IN CRIMINAL CASES (A STUDY IN LEGAL PSYCHOLOGY) Alwi Jaya; Gustika Sandra; Tarmizi Tarmizi; Asia Asia
Cerdika: Jurnal Ilmiah Indonesia Vol. 1 No. 4 (2021): Cerdika : Jurnal ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v1i4.687

Abstract

In reality, lawyers as Legal Enforcers in Criminal Cases still face obstacles, both internally and externally. Therefore, efforts to optimize the role of lawyers in criminal cases involve providing services to the public without discrimination. This research uses a descriptive juridical method. The results of this study indicate that efforts that can be made to optimize the implementation of the lawyer's function in criminal cases are as follows: Lawyers must be aware of and fulfill their primary duties and functions in providing legal assistance to the public without discrimination. Law Enforcement Officials (Police, Prosecutors, Judges) as legal enforcement partners should provide positive support to lawyers so that they can fulfill their primary duties and functions in providing legal assistance to the public without discrimination.