Akmaluddin Syahputra
Universitas Islam Negeri Sumatera Utara

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Integration of Islamic Law and Customary Law on Inheritance (Case Study in Tanjung Pura District, Langkat Regency) Akmaluddin Syahputra; Khalid Khalid
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36257

Abstract

This study discusses the integration between Islamic Law and Customary Law in the context of inheritance distribution in Tanjung Pura District, Langkat Regency. With an in-depth case study, this research presents an in-depth understanding of inheritance practices, the role of Islamic Law, and adaptation to local values. The results highlight the alignment of inheritance division with the principles of Islamic Law, while Customary Law also plays a role in shaping the norms that influence this process. It was found that the integration of these two legal systems is manifested in inheritance practices, which reflect tolerance, deliberation, and settlements that consider family values. Nonetheless, disagreements and divergent views on wills and property division were also identified, illustrating the dynamics and complexities of harmonizing these two legal systems. This study contributes to the understanding of how local communities integrate legal and customary aspects in managing inheritance, creating a balance between Islamic norms and local values passed down from generation to generation.
Political and Legal Reconstruction of the Urgency that Forces the Issuance of PERPPU in Indonesia Based on Fair Benefit Values Indra Utama Tanjung; Mhd Syahnan; Akmaluddin Syahputra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5495

Abstract

Legal sovereignty in Indonesia places the 1945 Constitution as the highest norm, which is the basis for other legislation. In the legal hierarchy, PERPPU is an executive product issued based on presidential prerogative in times of urgent and compelling circumstances. This research aims to examine the position of PERPPU, especially PERPPU No. 2 of 2022, in the context of a compelling emergency in accordance with Article 22 paragraph (1) of the 1945 Constitution. This study uses quantitative and juridical-normative methods to explore the application of PERPPU in legal practice, taking into account the complexity of social phenomena and normative values, including doururiah in Islamic law. A multidisciplinary approach is applied, involving theories from figures such as Amartya Sen, John Locke, and Montesquieu, as well as the principles of the Rule of Law. Primary and secondary data were analyzed through document studies, semi-structured interviews and field observations. The research results show that PERPPU No. 2 of 2022 concerning Job Creation, which was issued as a response to urgent global economic conditions, fulfills the requirements of compelling urgency as mandated by the 1945 Constitution. However, the publication process raises concerns about subjectivity and potential abuse of power. The DPR's approval of the PERPPU represents a constitutional step in the right direction, but broader involvement of stakeholders and transparency of the process are essential to ensure fairness and compliance with the principles of the rule of law. PERPPU, as an instrument issued in urgent circumstances, must be managed strictly and only used as a last resort. The involvement of the DPR in the approval process is an important democratic control, but it must be carried out efficiently to avoid a legal vacuum. Transparency in the process of determining and evaluating compelling emergencies is critical to maintaining the integrity of the legal system and public trust. This research suggests the need for reform in PERPPU issuance procedures to ensure that each publication is based on objective and urgent needs, by avoiding broad interpretations that could lead to abuse of power.