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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ameena Journal
Pagar Pagar
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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The Implementation of the Basic Agrarian Law in Fulfilling the Principle of Justice from the Islamic Legal Perspective Abdul Muthalib; Pagar Pagar; Arifuddin Muda Harahap
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5039

Abstract

The Basic Agrarian Law (UUPA) is an important legal foundation that regulates the utilization and management of agrarian resources in Indonesia. The principle of justice is one of the main principles sought in the implementation of the UUPA, aiming to create a fair and equitable distribution for all segments of society. This article analyzes how the implementation of the UUPA fulfills this principle of justice from an Islamic legal perspective. Islamic law emphasizes the importance of distributive justice, wise management of resources, and protection of the rights of vulnerable groups. This study uses a literature review method, examining related literature on the UUPA, agrarian law, and the principles of justice in Islamic law. The findings of the study show that there is alignment between the values of justice in the UUPA and the concept of justice in Islamic law, particularly regarding land rights distribution and the management of agrarian resources. However, challenges remain in implementing these principles, such as disparities in access and agrarian conflicts, which require fair resolutions in line with Islamic guidance. The article concludes that achieving substantive justice in agrarian management requires synergy between national law and the principles of justice in Islamic law
Harta Bersama Sebagai Reformulasi Hukum Islam Studi Perbandingan Fikih Klasik dan KHI Nasywa Nabilah Nugroho; Zulkarnain Zulkarnain; Pagar Pagar
Ameena Journal Vol. 4 No. 3 (2026): Ameena Journal
Publisher : Yayasan Madinah Al-Aziziyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63732/aij.v4i3.278

Abstract

This study analyzes the concept of joint marital property (harta bersama) in Islamic family law in Indonesia, comparing the classical fiqh perspective, which maintains separate ownership between spouses, with the contemporary ijtihad found in the Compilation of Islamic Law (KHI). KHI employs the concept of syirkah abdan as a foundation for unifying assets to ensure family welfare, although it frequently faces implementation gaps in practice. This normative legal research finds that the distribution of joint property after divorce should not necessarily be rigid or equal, but must consider the actual contributions of each party, including domestic roles that are often overlooked. This study proposes a reconstruction based on maqashid sharia and the concept of family ownership (al-milkiyyah al-usariyyah) to achieve more gender-responsive justice. To bridge the gap formal justice, it is recommended to reformulate execution procedures through collaborative mediation models and the establishment of support service units involving interdisciplinary experts. This approach is expected to end rigid execution practices and protect the rights of vulnerable parties in family property disputes.
Co-Authors Abdul Muthalib Arifuddin Muda Harahap Nasywa Nabilah Nugroho Zulkarnain Zulkarnain