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Bakri, Khairani
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Journal : Reformasi Hukum Trisakti

 1 
PENGARUH HUKUM WARIS ISLAM DALAM MASYARAKAT BETAWI DI RT 03 dan 04 RW 07 KELURAHAN HARAPAN MULYA JAKARTA PUSAT: Influence Of Islamic Inheritance Law In Betawi Society In RT 03-04 RW 07 Harapan Mulya Vilage, Central Jakarta Sashika Fawwaz Zayyan; Bakri, Khairani
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23435

Abstract

Inheritance law governs the transfer of rights and obligations from a deceased person to their heirs. In Indonesia, there are three inheritance systems: customary law, Islamic law, and Western civil law. Each system has different principles and procedures, which may lead to legal conflicts. In the Betawi community, particularly in RT 03 and 04 RW 07, Harapan Mulya, Central Jakarta, an interesting phenomenon occurs. Although the Betawi people are known for their strong adherence to Islamic teachings, inheritance practices often show complex dynamics. The main issue is: how much does Islamic inheritance law influence this community? In practice, inheritance is not always distributed according to Islamic law, which states that a male receives twice the share of a female, as written in Surah An-Nisa verse 11. Even though the community holds Islamic values, many families choose to divide inheritance equally or based on family agreement. In conclusion, Islamic inheritance law does not fully influence inheritance practices in the Betawi community of RT 03 and 04 RW 07, as many prefer customary distribution based on equality and family harmony
- ASPEK HUKUM PEMBAGIAN WARIS ALM. SAMIR MENURUT HUKUM WARIS ISLAM INDONESIA Ni Made Ananda Puteri Maharani; Bakri, Khairani
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16276

Abstract

The transfer of property from the right of the heir to the heir is known as inheritance. When inheritance is divided, it causes issues in society. Problem statement: Whether or not Ruling No. 519/Pdt. G/2019/PA.TR complies with Indonesian Islamic Inheritance Law with regard to the legal features of Alm. Samir bin Haji Sain's inheritance distribution under Indonesian Islamic Law. The research method used normative research to examine the fundamentals of Islamic inheritance law. Descriptive research methodology is used. Secondary data sources are consulted in this study. The findings of this investigation and discussion relate to legal facets of inheritance distribution for the deceased. Samir Bin Haji Sain includes the following in accordance with Indonesian Islamic Inheritance Law: Samir Bin Haji Sain includes the share of siblings, more than one wife and the obligatory will and the suitability of Decision Number 519/Pdt. G/2019/PA.TR with Indonesian Islamic Inheritance Law, including determining siblings to inherit, determining the share of 2 wives and children out of wedlock. The conclusion of this article: the legal aspects involved in this case: the part of the brother, the obligatory will, the share of more than one wife. Decision no 519/Pdt. G/2019/PA.TR judges are not in accordance with Indonesian Islamic inheritance law, which originates from the Al-Qur'an, Hadith and Presidential Instruction (Inpres) Number 1 of 1991 concerning Compilation of Islamic Law.
- Analisis Itsbat Nikah Terhadap Perkawinan Kedua Yang Masih Dalam Masa Iddah Berdasarkan Hukum Keluarga Islam Indonesia : - Dewi Maharani; Bakri, Khairani
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16481

Abstract

Itsbat marriage is the legalization of marriage which is carried out in series and submitted to the local religious court. Marriage which was originally only legal before religion became legal before the law by filing itsbat marriage. Formulation of the problem 1. Can itsbat marriage be filed for a second marriage that is still in its infancy Iddah based on Indonesian Islamic Family Law? 2. Is the decision of the Religious Court Number 176/Pdt.P/2022/PA.TNG in accordance with Indonesian Islamic Family Law? This writing was done using normative methods and the nature of descriptive research. The type of data used is secondary data through library research. Data management is carried out in a qualitative way. Drawing conclusions is done in a deductive way. Conclusion that itsbat marriage cannot be filed for a second marriage that is still in its term Iddah because he violated the provisions of Indonesian Islamic Family Law, especially Article 11 of Law Number 1 of 1974 concerning Marriage in conjunction with Article 39 paragraph (1) letter (b) of Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 Jo 153 paragraph (2) letter (b) Compilation of Islamic Law. The decision of the Tangerang Religious Court Number 176/Pdt.P/2022/PA.TNG is not in accordance with Indonesian Islamic Family Law.
Co-Authors Dewi Maharani Dinda Keumala Diny Luthfah Krestianto, Indra Narita Adityaningrum Ni Made Ananda Puteri Maharani Sashika Fawwaz Zayyan Septiani, Dilla Dwi Setiyono Setiyono Stevanny , Melinda Supartono, Sugeng