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Penggunaan Tanah Aset Milik PT. Kereta Api oleh Masyarakat Ramdlon Mahuraden Tuakia; Ana Silviana
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3100

Abstract

One of the main problems until now has not received clear regulations, namely land issues, and the number of conflicts that arise within the community, as well as in the use of land by utilizing and using PT assets. Indonesian Railways (PT. KAI) which is currently in the use and development of businesses to support railway activities, but where there is a lot of use and control of land assets by the community physically. So in the juridical sense of assets owned by PT Kreta Api Indonesia, it can be said that there is uncertainty in the law of land rights, so in this case, an appropriate policy is needed in achieving clarity in the use of land which is as follows the applicable land law regulations. So in writing this study to find out the legal certainty and validity of the use of PT Kreta Api Indonesia's land assets by the community outside the railway activities provided by PT Kreta Api Indonesia. This research uses legal research methods through the use of empirical juridical research methods, with details of writing descriptive analysis. The technique for this research looks at the juridical aspects of the form of land utilization of PT. KAI by the community with a Lease Agreement and the granting of IMB on HPL or HGB. The legal basis for granting rights in the use of land assets of PT. KAI is outside of the activities, businesses, and supports of PT. Kai. The use and utilization of PT KAI's assets by the community are regulated in Spatial Planning in the local area based on Law No. 24 of 1992 and Presidential Decree No. 16 of 1994. Land utilization outside the activities of PT. KAI is contrary to Article 44 of the Agrarian Principles Law, so in this legal act, it can be said to be null and void.
Digital Assets and Islamic Inheritance Law: Reinterpreting the Concept of Māl through Maqāṣid Sharī‛ah Bunga Desyana Pratami; Yos Johan Utama; Ana Silviana; Imaro Sidqi; Iqbal Kamalludin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 2 (2026): Vol. 9, No. 2, April 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i2.51899

Abstract

Purpose - The rapid development of the digital economy has engendered new forms of wealth that challenge classical concepts of ownership within Islamic law, particularly in the context of inheritance law. Digital assets—such as cryptocurrency, non-fungible tokens (NFTs), and economically valuable digital accounts—present significant legal questions regarding their status as inheritable property, especially given their intangible nature and reliance on technological systems. In practice, many digital assets become inaccessible following the owner's death, often due to the loss of passwords or private keys. This situation creates a disparity between classical legal doctrines and contemporary realities. This study aims to analyse the legal status of digital assets within Islamic inheritance law through a reinterpretation of the concept of wealth (māl) employing an objective of the Islamic law (maqāṣid al-sharīʿah) approach.Methodology/approach - This research employs a normative juridical methodology, utilising both conceptual and maqāṣid-based approaches. It is conducted through a comprehensive literature review of classical Islamic jurisprudence (fiqh) texts and maqāṣid theory, supplemented by an analysis of contemporary practices concerning digital asset.Findings - Although some classical scholars—particularly within the Ḥanafī school—emphasised the material aspect of māl, the majority of scholars recognise lawful economic value and benefit (manfaʿah mubāḥah) as the primary criteria for determining property status. From this perspective, digital assets qualify as māl because they possess economic value, can be owned, and are transferable. Furthermore, the framework of maqāṣid al-sharīʿah, particularly the principles of protection of wealth (ḥifẓ al-māl) and protection of lineage (ḥifẓ al-nasl), provides a robust normative basis for recognising digital assets as inheritable property. Therefore, the reinterpretation of māl through a maqāṣid approach facilitates the integration of digital assets into Islamic inheritance law in both a normative and contextual manner.Conclusion - This study concludes by advocating the establishment of legal and technical mechanisms designed to protect the rights of heirs in the digital age, thereby minimising the disparity between doctrinal principles and practical application.