Nur Fareha
UITM Shah Alam, Kuala Lumpur, Malaysia

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Juridical Review on the Support of Inheritance Rights in the Perspective of Compilation of Islamic Law Muhammad Andri; Nur Fareha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3277

Abstract

The inheritance system applies to Indonesian citizens. In addition to the legal system of Islamic inheritance, there is also a civil and customary legal system. The problem of inheritance in particular concerning the substitute heir becomes a subject of interesting discussion when viewed from a normative point of view. this study tries to study how the position of substitute inheritors in the compilation of Islamic law. as well as how the legal protection for the replacement heir in accordance with Islamic compilations of law. Normative jurisprudential research method in this penalty prioritizes library materials, court decisions that have been incrachted, or documents called secondary data. Primary, secondary and tertiary laws consist of primary, secundary, and tertiair materials, and these methods are used to conduct this research. Rules in Islamic inheritance law and rulings of the courts that have already incracht used as the basis for this method. research results show that: The legal position concerning a substitute inheritor in the Islamic heritage in Indonesia is formulated provisionally in article 185 paragraph 1, that is, the heir who died before the heirs and can be replaced by his children, except those mentioned in article 173. (melakukan tindakan penganiayaan berat). The inheritance acquired by the substitute heir is not always the same as that replaced, i.e. it is not permitted to add from the acquisition of the equivalent heir to the replaced but may reduce it. The substitution referred to in Article 185 covers the replacement of place, degrees, and unlimited rights between men and women as heirs, i.e. regulating the substitution of place when a nephew or grandson takes the role of a parent as a brother-in-law or otherwise. According to the provisions of the article, an heir who died before the heir is considered to be a replaced heir, and also must not exceed the share of the inheritance rights of the sederajad so that the compilation of Islamic law in article 185 (2) gives a maximum limit of one-third for the replacement heir.
Juridical Review on the Support of Inheritance Rights in the Perspective of Compilation of Islamic Law Muhammad Andri; Nur Fareha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6059

Abstract

Innovations in land registration, such as electronic land rights and certificates, aim to enhance the quality of land services. In Indonesia, digital transformation has driven the government to reform land services, notably through Law No. 11 of 2020 on Job Creation. Article 147 stipulates that land rights, property rights to flats, management rights, and related documents may be in electronic form. This regulation is implemented through Ministerial Regulation No. 1 of 2021 on Electronic Certificates and Ministerial Regulation No. 3 of 2023 on Issuing Electronic Documents in Land Registration. This study examines the legal certainty of electronic land certificates as proof of ownership and the legal protection of electronic land ownership data. A normative juridical approach is employed, utilizing qualitative descriptive research based on primary and secondary legal materials collected through literature study. The data analysis method processes legal materials to address formulated legal issues qualitatively and descriptively. The findings indicate: (1) Electronic land certificates qualify as electronic evidence with the same legal standing as traditional paper documents. (2) Legal protection for electronic land ownership data includes: (a) Preventive legal protection, ensuring personal data security through obligations imposed on the Electronic System Operator—specifically, the Minister of Agrarian and Spatial Planning/National Land Agency (ASP/HNLA)—to safeguard public data confidentiality. (b) Repressive legal protection, allowing affected individuals to file lawsuits against the government in case of data breaches.