Hidayat, Rahmat
UIN Sumatera Utara

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NON-LITIGATION INHERITANCE DISPUTE RESOLUTION: A CASE STUDY OF MEDIATION BETWEEN A STEPMOTHER AND A STEPSON Hidayat, Rahmat; Harahap, Mhd. Yadi; Siregar, Ramadhan Syahmedi
Journal Analytica Islamica Vol 14, No 1 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i1.25306

Abstract

Inheritance disputes are legally complex phenomena, not only due to the involvement of assets but also because they intertwine with emotional ties and cultural values within the family. In Indonesia, mediation as a form of out-of-court dispute resolution has become a preferred alternative to avoid open conflict, especially in inheritance cases involving sensitive family relations such as those between a stepmother and a stepson. This study aims to explore the dynamics of an inheritance dispute between a stepmother and a stepson following the death of the decedent, identify factors influencing the success of mediation, and evaluate the substantive fairness of the mediated agreement from the perspective of Islamic inheritance law. The methodology employed is empirical juridical research using a case study approach. Data were collected from official documents provided by the law firm handling the case, as well as relevant literature. The analysis was conducted using a qualitative descriptive method, with an emphasis on legal relevance and substantive justice. The findings indicate that the mediation process successfully produced a settlement between the stepmother and stepson regarding the distribution of inheritance. However, the novelty of this study lies in the discovery that the agreement deviated from the proportionality principles of Islamic inheritance law. While the mediation effectively prevented prolonged social conflict, the division of assets did not reflect the ideal distribution according to sharia principles. This highlights a critical gap in the enforcement of formal justice concerning inheritance rights, raising concerns about the substantive effectiveness of out-of-court mediation.
DOORSMEER BUSINESS RESPONSIBILITY FOR CUSTOMER LOSSES DUE TO WORKER NEGLIGENCE WAHBAH AZ ZUHAILI PERSPECTIVE (CASE STUDY: DOORSMEER PARAMAN MANDIRI, MEDAN AMPLAS) Saputra, Weldi; Hidayat, Rahmat
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25640

Abstract

Doorsmeer businesses have significant responsibilities and risks in providing vehicle washing services. These risks include negligence that causes losses to customers, such as cars falling due to a broken hydraulic support iron, accidentally pressing the gas pedal before turning off the engine, and cars colliding due to employees' carelessness. It is important to know what form of responsibility is given by the business owner for these losses. This study aims to determine the form of responsibility given by the business owner at doorsmeer Paraman Mandiri, Medan Amplas for customer losses from the perspective of Wahbah Az-Zuhaili. The type of research used is empirical juridical, namely research that examines the direct application of law to an event that occurs in society with qualitative research methods and data collection techniques through interviews and direct observation at doorsmeer. The results of this study indicate that the practice of compensation liability at doorsmeer Paraman Mandiri, Medan Amplas has reflected the principle of justice according to Wahbah Az-Zuhaili's view that liability for damage can be in the form of repairing damaged objects to be whole again. The repair can be done by replacing the same item or by returning the money as done by the owner of the Paraman Mandiri doormeer, namely repairing the damaged car part so that it is intact as before.