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Gender Justice Principles in the Islamic Inheritance System Ruslie, Ahmad Sholikhin; Wisnumurti, Rahadyan Widarsadhika; Muharman, Dedy
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.11022

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

Pengendalian Alih Fungsi Lahan Pertanian Menjadi Lahan Non Pertanian Berdasarkan Undang-Undang Nomor 41 Tahun 2009 Rahmanto, Lucius Andik; Muharman, Dedy; Sicillia Anggraini, Novellita
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1908

The purpose of this study is to analyze and analyze the implementation of the conversion of agricultural land to non-agricultural land, and to reconstruct the implementation of the conversion of land to non-agricultural land, based on the value of justice. The research method used is sociological juridical using primary data and secondary data. Based on the results of the study it was found that the implementation of controlling the conversion of agricultural land to non-agricultural land by the government through statutory regulations, especially Law Number 41 of 2009 concerning Protection of Agricultural Sustainable Food Land, has not been commensurate with justice because there is still inequality of position and equal treatment in the law and also the neglect of the rights of farmers as landowners are not considered. Reconstruction of the control value over the conversion of agricultural land to non-agricultural land based on the value of justice is to realize the availability of agricultural land for food self-sufficiency and the availability of agricultural land that is converted into non-agricultural land for the benefit of building public facilities that are evenly distributed, while the legal reconstruction is in Article 44 of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture.

Analysis of Recognition and Protection of Indigenous Peoples Rights in Land Policy in Indonesia Muharman, Dedy
Journal of Adat Recht Vol. 1 No. 5 (2025): JANUARI-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xqyx4373

This study aims to examine the recognition of Indigenous land rights in Indonesia, the challenges faced in their implementation, and provide policy recommendations to strengthen the protection of Indigenous rights in the land sector. Although Indonesia already has regulations that recognize indigenous peoples ' rights, such as the 1945 Constitution and various sectoral laws, implementation of recognition of Indigenous land rights is often hampered by regulatory overlap and conflicts of interest between the forestry, plantation, and mining sectors. In addition, the role of indigenous peoples in policy making is still limited. This study identifies the gap between regulation and field reality, as well as analyzing the social, economic, and environmental implications of the recognition of Indigenous land rights. The results showed the importance of harmonizing regulations, increasing the participation of indigenous peoples, and accelerating the certification of indigenous lands to increase legal certainty. This study suggests multi-stakeholder collaboration as a strategic step to strengthen the position of indigenous peoples in the management of their lands and Natural Resources.

Harmony Between Building Use Rights (HGB) Regulations and Defense Policies: A Customary Law Perspective in Natural Resource Management Muharman, Dedy
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/84qnd061

This study examines the harmony between the regulation of Building Use Rights (HGB), defense policies, and customary law in natural resource management in Indonesia. The disharmony among these three aspects often leads to land conflicts, resulting in legal uncertainty for indigenous communities. HGB regulations and defense policies tend to prioritize the interests of right holders and national defense, while legal recognition of indigenous land rights (ulayat rights) remains limited. As a result, indigenous communities lose access to land and natural resources that are integral to their economic, social, and cultural life. This study employs a normative juridical method with legislative, conceptual, and case approaches to identify regulatory disharmony and its impact on indigenous communities. The findings reveal that land conflict resolution often favors HGB holders and defense policies, with minimal involvement of indigenous communities in decision-making processes. Therefore, a more inclusive land policy is needed by strengthening the recognition of ulayat rights, integrating customary law into national regulations, and developing effective land dispute mediation mechanisms. This regulatory harmonization is expected to create a balance between state interests, right holders, and indigenous communities in sustainable and equitable natural resource management.

A Customary Law (Adat Recht) Study on the Impact of Defense Policy on the Management of Right to Build (HGB) in the Property Sector Muharman, Dedy
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/r2axr825

This study aims to normatively examine the impact of national defense policies on the existence and legal certainty of Building Use Rights (HGB) within the property sector, with a specific focus on areas overlapping with customary land. The establishment of strategic national zones by the government as part of defense planning frequently results in overlapping claims, legal ambiguity, and conflicts. These policies, while essential for national security, often disregard the socio-legal context of land ownership, particularly in regions inhabited or claimed by indigenous communities whose land tenure systems are rooted in customary law (adat). Through a statute approach, the research identifies significant disharmony among defense regulations, agrarian law, and laws recognizing indigenous peoples' rights. This legal fragmentation has resulted in inadequate protection for HGB holders and customary landowners, leading to heightened vulnerability, social tensions, and the systemic marginalization of local populations. Furthermore, the lack of inclusive consultation processes in defense-driven land designations exacerbates the problem. Thus, there is an urgent need for an integrated legal framework that harmonizes national defense objectives with land rights recognition and equitable development. Such reform should balance strategic interests, uphold the rule of law, and respect the rights of indigenous peoples to ensure sustainable and socially just land governance.

Pengendalian Alih Fungsi Lahan Pertanian Menjadi Lahan Non Pertanian Berdasarkan Undang-Undang Nomor 41 Tahun 2009 Rahmanto, Lucius Andik; Muharman, Dedy; Sicillia Anggraini, Novellita
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1908

The purpose of this study is to analyze and analyze the implementation of the conversion of agricultural land to non-agricultural land, and to reconstruct the implementation of the conversion of land to non-agricultural land, based on the value of justice. The research method used is sociological juridical using primary data and secondary data. Based on the results of the study it was found that the implementation of controlling the conversion of agricultural land to non-agricultural land by the government through statutory regulations, especially Law Number 41 of 2009 concerning Protection of Agricultural Sustainable Food Land, has not been commensurate with justice because there is still inequality of position and equal treatment in the law and also the neglect of the rights of farmers as landowners are not considered. Reconstruction of the control value over the conversion of agricultural land to non-agricultural land based on the value of justice is to realize the availability of agricultural land for food self-sufficiency and the availability of agricultural land that is converted into non-agricultural land for the benefit of building public facilities that are evenly distributed, while the legal reconstruction is in Article 44 of Law No. 41 of 2009 concerning Protection of Sustainable Food Agriculture.

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