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All Journal Jurnal Akta ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Sontayati Sihite
Universitas Islam Negeri Sumatera Utara
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Case Study of Alternative Dispute Resolution for Inheritance Distribution of “Adopted Children and Apostasy Through Mediation” Sontayati Sihite
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i1.30

Abstract

This study examines alternatives for resolving inheritance disputes involving adopted children and apostates through mediation in Indonesia. The background of this study is the complexity of inheritance law that arises in cases involving adopted children and apostate heirs, where conflicts often occur between parties due to differences in interpretation of religious and customary law. Mediation is chosen as an alternative to resolve disputes peacefully and efficiently, considering that the litigation process is often time-consuming and expensive and can damage family relationships. The method used in this study is normative juridical with a case study approach. Data were obtained through analysis of court decisions, related legal documents, and interviews with mediators, heirs, and legal practitioners. The results of the study indicate that mediation can be an effective means of reaching a peaceful agreement, taking into account the interests of all parties and maintaining family relationships. The conclusion of this study confirms that mediation can be the main choice in resolving inheritance disputes involving adopted children and apostate heirs. Mediation allows for a fair and mutually beneficial resolution, reduces the potential for prolonged conflict, and maintains family harmony.
Inculcating Anti-Corruption Values in Islamic Educational Institutions Sontayati Sihite; Muhammad Syukri Albani Nasution; M. Amar Adly
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51435

Abstract

This research examines the regulation of corruption under Islamic law and the implementation of anti-corruption education within educational institutions, focusing on the effectiveness of preventing corruption through the integration of sharia values and positive law. The primary issues addressed are: (1) how corruption is regulated within the framework of Islamic law; (2) how Islamic principles can serve as the basis for anti-corruption education; and (3) how Islamic law can be employed to prevent corruption in schools and universities. The study adopts a normative juridical approach supported by field data collected through interviews. The findings reveal that Islamic law classifies corruption as jināyah ‘alā al-māl al- ‘āmm (a criminal offence against public property), with explicit prohibitions in Qur’an 2:188 and severe warnings against ghulul (embezzlement) and riswah (bribery). However, the implementation of anti-corruption education in schools remains weak: the subject has not been institutionalized as a standalone course, teachers lack the capacity to integrate it into pedagogical strategies, and corruption is often reduced to a mere issue of sin rather than a violation of public trust. At the university level, many lecturers lack specialized competence, resulting in approaches that are largely ceremonial. Such shortcomings contradict the principle of amānah in sharia and undermine the structural objectives of corruption prevention. This study recommends: (1) establishing anti-corruption education as a compulsory subject from early schooling, with measurable behavioral indicators and anti- gratuity protocols; (2) harmonizing Islamic law and positive law within educational regulations and policies; and (3) reorienting the paradigm of corruption from a purely religious issue to a breach of public trust, addressed through an integrated regime of education, ethics, administration, and criminal law. Without these measures, the prohibition of corruption will remain a moral slogan devoid of legal force.
Co-Authors M. Amar Adly Muhammad Syukri Albani Nasution