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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Jurnal Hukum dan Sosial Politik
Naura Nurul Fajri
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyimpangan Pelaksanaan Pemilihan Umum Tahun 2024 Kuswan Hadji; Naura Nurul Fajri; Aulia Nur Azizah; Suci Wulandari; Rita Fitri Utami; Fani Rahmasari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2906

Abstract

General elections or elections that occur in Indonesia are held regularly every 5 years, in which the general election is held in 2024, in general elections the people give their aspirations to vote to elect members of the executive and legislative members, so that members of the legislative and executive candidates register themselves with the General Election Commission (KPU) thus prospective legislative and executive members must follow the regulations issued by the KPU. Through the normative juridical research method, the approach is very relevant in examining campaign implementation deviations from the perspective of administrative law and criminal law. The practice of legislative elections still has deviations from the law by legislative and executive candidates thus the consequences obtained by the candidates and also the role of Bawaslu must be for the affirmation of deviations in the 2024 general election.
Kedudukan Ahli Waris yang Tidak Mau Menyelesaikan Hutang Pewaris dan Pembagian Harta Warisnya Naura Nurul Fajri
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7906

Abstract

Cases involving the refusal of inheritance by heirs often give rise to legal complications, particularly when the decedent dies under unnatural circumstances—such as homicide—and the order of death is uncertain. In such situations, heirs may reject the inheritance to avoid assuming the deceased’s outstanding debts. However, Islamic law upholds the ijbari principle, which mandates the acceptance of inheritance as a divine decree, determining both the share and the rightful recipients. This study aims to examine the legal mechanism for refusing inheritance and the distribution procedure when the primary heirs are no longer available. A quantitative method with a normative juridical approach was employed, utilizing primary data from statutory regulations, academic literature, and previous studies, alongside secondary data derived from publicly reported case chronologies in online media. The findings reveal that the refusal of inheritance (takharruj) is legally valid only if submitted directly by the concerned heir before a court and cannot be represented by third-party declarations. Furthermore, the distribution of the estate must proceed in accordance with the rights of lawful heirs or eligible substitutes. The study concludes that, under both Islamic and civil law, inheritance refusal is permissible, provided that it follows formal legal procedures. The implication is that any form of inheritance refusal must be formally submitted by the rightful heir in court to attain legal validity and to prevent potential disputes.
Co-Authors Aulia Nur Azizah Fani Rahmasari Kuswan Hadji Rita Fitri Utami Suci Wulandari