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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Kompilasi Hukum COMMUNITY : Jurnal Pengabdian Kepada Masyarakat Jurnal Risalah Kenotariatan Alamtana
Anugerahayu, Ayang Afira
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Journal : JIHAD : Jurnal Ilmu Hukum dan Administrasi

 1 
Review of the Granting of Cultivation Rights on Land Management Rights Based on Positive Law Setiawan, Muhammad Rifaldi; Anugerahayu, Ayang Afira
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i1.8533

Abstract

This study is a normative investigation that seeks to evaluate the review process associated with the allocation of HGU on HPL land. This regulation stands in contradiction to the UUPA, which stipulates that HGU should only be assigned on state-owned land; however, the legitimacy of the recent regulations offers a pathway for granting HGU on HPL territory. Additionally, this paper employs both the statutory approach and the conceptual approach. Legally speaking, the UUPA does not recognize HPL as a "land right," but rather designates it as "management." HPL emerged as one of the land rights through the Agrarian Ministerial Regulation No. 9 of 1965 and has evolved to the present as outlined in PP 18 of 2021. Perspectives regarding the definition of "management" differ. The UUPA defines "management" as authority, whereas PP 18 of 2021 interprets "management" as a form of land right. Moreover, concerning the HGU concept addressed in Article 28 of the UUPA, the land allocation must originate from the state's direct control, rather than from land that has been utilized by the holder of the HPL certificate for agricultural, fishery, or livestock purposes. This discrepancy clearly indicates conflicting norms, resulting in legal ambiguity and a possibility for judicial review.
Timing Review Iddah Men Based on Reasoning on a Contrario in Positive Law in Indonesia Anugerahayu, Ayang Afira; Setiawan, Muhammad Rifaldi
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i1.8534

Abstract

This study explores the legal provisions concerning the waiting period (iddah) for men using A Contrario reasoning within Indonesia’s positive law framework. Adopting a normative legal research approach, the study finds that Indonesian positive law, particularly Law Number 1 of 1974 on Marriage jo Law Number 16 of 2019 and Government Regulation Number 9 of 1975, explicitly regulates iddah only for women following divorce or the death of a spouse. In contrast, no legal requirement mandates men to undergo a waiting period before remarrying. Applying the Argumentum A Contrario method, which derives legal interpretation by considering the inverse of existing provisions, the study concludes that since the law exclusively prescribes iddah for women, men are not legally required to observe a waiting period.
The Implementation of the Iddah Period for Men: A Mediation Mechanism to Prevent Divorce Anugerahayu, Ayang Afira; Fangggi, Prandy Arthayoga Louk
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9427

Abstract

This study aim to analyze the implementation of a waiting period (iddah) for men as mechanism for preventing divorce in Indonesia, in line with Circular Letter of the Director general of Islamic Community Guidance No. P-005/DJ.III/Hk.00.7/10/2021. The research employs a normative legal method by examining regulations related to the waiting period as stipulated in the Compilation of Islamic Law (KHI), the Marriage Law, and classical fiqh. It applies a comprehensive approach combining Islamic legal sources, the statute approach, the conceptual approach, and the social approach. The findings indicate that, functionally, the proposed idea aligns with the concept of Syibh al-Iddah (waiting period), which is derived from the principles of maslahah mursalah (public benefit) and maqāṣid al-sharī‘ah (objectives of Islamic law). This concept also resonates with the practice of mandatory mediation already regulated under Indonesian positive law. The study concludes that although the idea lacks a normative basis in classical fiqh, its application represents a progressive and effective step. The waiting period provides space for both parties to reflect, manage emotions, and potentially achieve reconciliation. This is reinforced by recent regulations issued by the Supreme Court and the Directorate General of Islamic Community Guidance, which de facto have already implemented such a waiting period for men. Therefore, the formal application of this mechanism, even without employing the terminology of iddah, serves as a strong instrument to preserve family integrity and reduce divorce rates.
Co-Authors Ahwan Ahwan, Ahwan Daulay, R. Fahmi Natigor Fangggi, Prandy Arthayoga Louk Ika Yuliana Susilawati Muhammad, Ade Sultan Mulyana, Septira Putri Permata S, Nathania S, Nathania Permata Setiawan, Muhammad Rifaldi Taufik, Zahratul’ain Tresna D, Lalu Panca