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All Journal Kanun: Jurnal Ilmu Hukum International Journal of Law and Society Multidisciplinary Indonesian Center Journal
Teuku Saiful
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Religion Humanities Earth & Planetary Sciences Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE FORMALIZATION OF SHARIA IN ACEH PROVINCE: A GENDER PERSPECTIVE Teuku Saiful; Indra Kesuma Hadi; Humaira Humaira
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.35095

Abstract

This paper explores the dimensions of gender equality within the context of law-making in Aceh province, emphasizing the importance of a gender perspective. Categorized as a normative study, it addresses the current issue by analysing principles, levels of synchronization, legal histories, and comparisons of constitutions. Additionally, an empirical study was conducted, involving interviews with relevant stakeholders directly involved in the development of Aceh Qanun. The findings of this paper highlight that Pancasila, the 1945 Constitution, and CEDAW serve as primary parameters for law-making and the implementation of gender equality in Indonesia. The formalization of shari'a in Aceh province, as a political endeavour by authorities, is seen as crucial for achieving both gender equality and the goals of shari'a (maqasid al-syariah). The inclusion of gender equality in the law-making process, particularly in relation to the implementation of shari'a in Aceh, is a principle that should be comprehensively understood and applied to ensure justice and equality for all genders in the formulation of qanun in Aceh.
DEFAULT IN THE SALE AND PURCHASE AGREEMENT OF A SHOPHOUSE IN NON-CASH AND ITS CONSEQUENCES ON HEIRS Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.719

Abstract

In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.  
LEGAL ANALYSIS OF THE HOLDERS OF RESPONSIBILITY RIGHTS WHOSE RIGHTS WERE TRANSFERRED BECAUSE THEIR GRANT WAS CANCELLED BY THE BANDA ACEH SYAR’IYAH COURT Deddy Yusuf; Zahratul Idami; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.767

Abstract

Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.
The Application of Qanun Jinayat Law in Handling Online Gambling Cases at West Aceh Syar’iyah Court Jurisdiction Rusnan Dinata; Mohd. Din; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.721

Abstract

The phenomenon of online gambling has become a serious problem in various regions, including West Aceh Regency. data on cases handled by the West Aceh District Syar'iyah Court in the period 2021 to 2024 shows a significant increase in cases. Online gambling as part of jarimah maisir has different characteristics from conventional forms of gambling, namely digital, hidden, cross-regional, and difficult to detect by the naked eye by law enforcement officials and the general public. The problems in this study are How is the application of qanun jinayat law against online gambling offenders in the jurisdiction of the West Aceh District Syar'iyah Court, What are the obstacles faced in applying the law to online gambling offenders based on qanun jinayat law, and What are the efforts to prevent online gambling violations in the West Aceh area. This research uses empirical legal methods with a field research approach and case studies. The results showed that the application of Aceh Qanun Number 6 of 2014 concerning Jinayat Law against online gambling offenders was in accordance with the procedures of jinayat law, but its implementation was still not optimal. The Syar'iyah Court has handled a number of cases, but the number is not proportional to the potential violations. The main obstacles include limited regional authority in blocking sites, lack of digital forensic experts, absence of district-level cyber units, and weak coordination between agencies. Prevention is carried out through digital education by DISKOMINSA, thematic dakwah by the Islamic Sharia Office, as well as the Gampong Tolak Judi Online programme involving the community and the formation of the Gampong Pageu Task Force.
Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.763

Abstract

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.
Co-Authors Deddy Yusuf humaira humaira Indra Kesuma Hadi Mohd. Din Muhammad insa ansari Panji Maulana Rusnan Dinata ZAHRATUL IDAMI