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All Journal Masalah-Masalah Hukum AL-Daulah Jurnal Ketahanan Pangan Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang JURNAL MERCATORIA JURNAL HUKUM dan KENOTARIATAN JURNAL USM LAW REVIEW Academia Open Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education Journal La Sociale Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Jurnal Locus Penelitian dan Pengabdian Journal of Law, Poliitic and Humanities International Significance of Notary JILS (Journal of Indonesian Legal Studies)
Isnaeni, Diyan
Universitas Islam Malang
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Journal : Academia Open

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Division of Inheritance of Heirs of Different Religions with Heirs According to the Compilation of Laws: Pembagian Warisan Antara Ahli Waris Beragama Berbeda dengan Ahli Waris Menurut Kompilasi Hukum Mat Hasan; Moh. Muhibbin; Diyan Isnaeni
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12147

Abstract

General Background: Inheritance remains one of the most sensitive issues in Islamic family law, as it intertwines material distribution with justice, kinship, and social harmony. Specific Background: The Compilation of Islamic Law (KHI) in Indonesia explicitly prohibits inheritance across religions, creating legal rigidity when confronted with plural family realities shaped by interfaith marriages and conversions. Knowledge Gap: While classical jurisprudence closes the door to interfaith inheritance, Indonesian legal pluralism and social justice demands reveal tensions between strict fiqh norms and societal needs, with limited scholarly synthesis on the role of mandatory wills as a legal compromise. Aims: This study aims to analyze the legal construction of inheritance for heirs of different religions under the KHI and evaluate the jurisprudential role of mandatory wills as a middle path in Indonesian courts. Results: Findings show that although the KHI normatively restricts inheritance to Muslims, jurisprudence recognizes mandatory wills as a mechanism to grant non-Muslim heirs a share, aligning with constitutional principles of justice and reducing family conflict. Novelty: This research highlights mandatory wills as a dynamic legal innovation that bridges classical fiqh with contemporary demands of pluralism and human rights. Implications: Reforming inheritance law to formally integrate mandatory wills will strengthen legal certainty, prevent discrimination, and promote social harmony within Indonesia’s diverse society.Highlight : KHI prohibits interfaith inheritance but raises justice issues. Obligatory wills act as a middle ground in court practices. Reform of inheritance law is needed to be more inclusive and responsive. Keywords : Compilation of Islamic Law, Inheritance, Different Religions, Obligatory Wills, Legal Pluralism
Legal Politics and Compliance in Forming Village Budget Regulations Anggraini, Yeni Fera; Isnaeni, Diyan; Utami, Novi Sri
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12732

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General Background: Village autonomy in Indonesia, as regulated in Law No. 6 of 2014 and refined in Law No. 3 of 2024, grants villages significant authority to manage their governance and finances through the Village Revenue and Expenditure Budget (APBDes). Specific Background: However, the drafting of village regulations often diverges from positive law, revealing tension between national legal ideals and local political practices. Knowledge Gap: Few studies comprehensively analyze how national legal politics and local compliance interact in shaping legally accountable village governance. Aims: This study aims to analyze the influence of legal politics and compliance with positive law in the formation of village regulations on APBDes. Results: Using a normative juridical method with legislative, conceptual, and sociological approaches, the study finds that compliance with positive law is strongly determined by central legal politics, human resource capacity, and village legal culture. Decentralization has increased autonomy but also introduced risks of legal deviation. Novelty: This research integrates the concept of legal politics with village-level compliance analysis, positioning legal awareness as a moral and structural foundation of governance. Implications: Strengthening legal culture and supervision mechanisms is essential to ensure that village regulations reflect justice, transparency, and public interest rather than local political interests. Highlights: Legal politics directs village regulation formation within the national legal framework. Compliance with positive law depends on human resources and legal culture. Strengthening supervision ensures justice, transparency, and accountability in governance. Keywords: Legal Politics, Positive Law, Village Regulations, APBDes, Legal Compliance
Synergy of Village Consultative Body and Village Head Toward Good Governance Amanu, Damar; Utami, Novi Sri; Isnaeni, Diyan
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12746

Abstract

General Background: Village governance plays a crucial role in Indonesia’s decentralization framework, serving as a foundation for democratization and local empowerment. Specific Background: Despite legal instruments such as Law Number 6 of 2014 and its amendment in Law Number 3 of 2024, challenges persist in harmonizing the relationship between the Village Consultative Body (BPD) and the Village Head. These challenges manifest in weak institutional synergy, limited transparency, and low community participation. Knowledge Gap: Previous studies have discussed administrative structures but rarely analyzed the juridical-sociological mechanisms necessary to optimize good governance at the village level. Aims: This study aims to examine how the BPD and Village Head can function synergistically within the framework of transparency, accountability, and participatory governance. Results: Findings reveal that effective collaboration depends on clearly defined authority boundaries, strengthened institutional capacity, and adherence to legal and ethical norms that promote transparency and accountability. Novelty: The study integrates normative juridical analysis with sociological interpretation, offering a model of village governance rooted in legal compliance and ethical partnership. Implications: Strengthening the synergy between the BPD and Village Head enhances local democracy, fosters community trust, and transforms village governance into a system that is transparent, accountable, and participatory Highlights: Strengthening synergy between BPD and Village Head ensures balanced authority and effective governance. Transparency and accountability serve as the ethical foundation for public trust and participation. Legal awareness and institutional capacity are vital for realizing sustainable village democracy. Keywords: Village Consultative Body, Village Head, Good Governance, Transparency, Accountability
Co-Authors A. Jalalludin Abdul Rokhim Abdul Rokhim Abdul Rolhim Amanu, Damar Amin, Muhammad Yusuf Andriyanti, Maritha Anggraini, Yeni Fera Dewinta Sukma Wijaya Faisol Dzikir Towil Hamadi, Abdennour HARIYANTO HARIYANTO Kholisah, Nur Mat Hasan Misranto Misranto Misranto, Misranto Mochamad Ali Fajar Moh Muhibbin, Moh Mohammad Muhibbin Mukhamad Fahminudin Alfiandi Munib, Ali Mustajib, Mustajib Nurdaiman, Taqiy Nurwijayanti Parmono, Budi Prisnawan, Ari Raydattul Jannah, Ghira Safitri, Widia Senia Dwi Astuti Sofiatul Istiqomah Sri Utami, Nofi Sunardi Sunardi suratman Suratman Suratman Utami, Novi Sri Winarsoputri, Annisa Wijayanti Yongky Indriawan