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All Journal International Journal of Educational Research and Social Sciences (IJERSC) Jurnal Ilmiah Mahasiswa Raushan Fikr
Azhar Siregar, Hamdan
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Religion Arts Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Land, Law, and Legitimacy: Unveiling the Evidentiary Power of Ownership Certificates in the Confluence of Islamic and Agrarian Legal Traditions Nikmah, Emah; Azhar Siregar, Hamdan
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 14 No 1 (2025): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v14i1.13177

Abstract

This study examines the legal status of land ownership certificates from the perspectives of positive law and Islamic jurisprudence. It explores national procedures for land certification and Islamic concepts of ownership and evidence, such as ikrar (declaration), shahadah (witness testimony), and ihya al-mawat (revival of dead land). Using a qualitative, normative-juridical method, the research analyzes statutory land rules and Islamic legal principles. Findings show that land certificates have strong evidentiary value under national law. However, bureaucratic delays, high administrative costs, and maladministration hinder the process. In Islamic law, such certificates may be recognized as valid ownership proof if acquired lawfully and aligned with justice and public welfare (maslahah). Islamic jurisprudence also emphasizes clarity in property rights to prevent disputes and promote fairness. Ultimately, while the two legal systems operate on distinct foundations, they can be integrated to build a more just and legally certain framework for land ownership.
The Responsibility Of Holding Company Towards Bankruptted Subsidiaries Based On Law No. 40 Of 2007 About Limited Companies Aryaputra Singgih , Jay; Azhar Siregar, Hamdan
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.688

Abstract

The purpose of this research is to identify and analyze the juridical liability of the holding company to its bankrupt subsidiary and the holding company's responsibility to its bankrupt subsidiary. The research method used in this research is normative qualitative. The holding company's juridical responsibility for a bankrupt subsidiary, in certain circumstances the holding company can be held accountable for its subsidiary based on the Piercing The Corporate Veil principle. The application of this principle to holding companies can occur either through legal agreements or based on certain agreements. Implementation of holding company responsibilities for bankrupt subsidiaries in the case of PT. Ometraco Corporation, Tbk. dar. PT. Ometraco Multi Artha pointed out that the Supreme Court is of the opinion that PT. Ometraco Corporation, Tbk. as the holding company is also responsible for the debt of PT. Ometraco Multi Artha as a bankrupt subsidiary based on an agreement.
Co-Authors Aryaputra Singgih , Jay Nikmah, Emah