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All Journal jurnal niara Journal of Law, Poliitic and Humanities Al-Istinbath: Jurnal Hukum Islam
Devianty Fitri
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Kuitansi Dalam Sengketa Jual Beli Tanah Melalui Putusan Verstek Roza, Widya; Yasniwati; Devianty Fitri
Jurnal Niara Vol. 18 No. 2 (2025): September
Publisher : FAKULTAS ILMU ADMINISTRASI UNIVERSITAS LANCANG KUNING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/377wdk56

Abstract

The use of receipts as the primary means of evidence in land sale transactions remains prevalent due to practical considerations, low costs, and trust-based relationships, especially within familial or local community contexts. Legal complications arise when such transactions are not supported by an authentic deed from a Land Deed Official (PPAT), relying instead on a unilateral acknowledgment in the form of a private receipt. The issue becomes increasingly complex when adjudicated through a default judgment (verstek), as in Decision No. 2/Pdt.G/2022/PN Nab, in which the court accepted two receipts and the testimonies of witnesses who did not observe the transaction directly. This study examines the judicial considerations in assessing the probative value of receipts in default cases and evaluates the extent to which the principle of judicial prudence is applied. Employing a normative juridical method with a case study, statutory, and conceptual approach, the research adopts a descriptive-analytical framework based on library data. The findings indicate that a receipt, as a private unilateral document, carries limited evidentiary strength and attains full probative value only when acknowledged by the opposing party. Absent such acknowledgment, it constitutes merely preliminary evidence requiring corroboration. In default cases, the absence of the defendant cannot be interpreted as absolute admission, thus requiring the judge to rigorously and objectively evaluate all evidence presented. The study highlights the imperative of applying the principle of judicial prudence in default land sale cases to uphold legal certainty and safeguard the integrity of the evidentiary process
Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice Syam, Misnar; Devianty Fitri
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.366

Abstract

Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.
Legal Responses to Sexual Orientation Related Marital Breakdown: A Comparative Analysis of Islamic Family Law and Indonesian State Law Danil, Rahmadanil; Yaswirman; Yasniwati; Devianty Fitri; Wan Minto, Deri
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.11669

Abstract

Marital breakdown due to sexual orientation is becoming an increasingly visible phenomenon in Indonesian courts, but it remains in a gray area in both Islamic family law and national law. This study aims to analyze how both legal systems respond to this issue, both through written norms and jurisprudential practice, while identifying points of convergence and divergence between the two. Using qualitative research methods with a normative comparative approach, this study examines classical and contemporary fiqh literature and legislation. The findings show that although fiqh and Indonesian positive law depart from different epistemological orientations fiqh is based on ethical-normative principles and state law is based on legal-formalist principles both have important intersections in the form of the principle of preventing harm, recognition of factual disharmony, and psycho-social protection of couples. but there are significant differences in the categories of disgrace, standards of evidence, and the scope of judicial discretion, which lead to disparities in rulings. This research contributes to the development of family law discourse by offering a harmonization framework based on maqāṣid al-sharī'ah and a harm-based reasoning approach, as well as recommending interpretive guidelines that can increase legal certainty and protection of couples' rights in marriage cases involving sexual orientation.
Co-Authors Danil, Rahmadanil Roza, Widya Syam, Misnar Wan Minto, Deri Yasniwati, Yasniwati Yaswirman