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All Journal Novum : Jurnal Hukum Jurnal Suara Hukum Batulis Civil Law Review SASI
Baxadirovna, Bazarova Dildora
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Law, Crime, Criminology & Criminal Justice

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The Reconstruction of Qibla Burial Practice: An Islamic Law and Human Rights Perspective Fatimah, Fatimah; Taman, Badrun; Baxadirovna, Bazarova Dildora
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p328-349

Abstract

The Indonesian state has an obligation to protect the basic rights of its citizens, including the right to be buried properly according to their religion and beliefs. This research aims to analyze the reconstruction of regulations on burial practices facing the Qibla for Muslims from the perspective of Islamic law and human rights. This study is a normative legal research with a conceptual and legislative approach. The research findings emphasize that the state plays a role in ensuring that Muslims can fulfill their religious obligation regarding graves facing the Qibla, which can be realized through the provision of appropriate burial facilities, education, and non-discriminatory regulations. The local government strives to achieve this by measuring and establishing the direction of the qibla at Public Cemeteries (TPU), enhancing socialization, and conducting regular calibration and evaluation. Therefore, the state needs to reconstruct the regulations for graves facing the Qibla, in accordance with Islamic law and positive law, through the revision of Government Regulation No. 9 of 1987, which includes standardizing the direction of the Qibla, educating burial officers, optimizing land use, and clarifying the role of local governments. With comprehensive regulations, the state can guarantee human rights, particularly the freedom of religion and belief. Keywords: Religious Rights, Islamic Law, Islamic Burial, Role of the State.
Regulation of Transfer of Land Rights in Indonesian and Uzbekistan Civil Law: Philosophical Analysis of the Concept of Legal Certainty Nurlani, Meirina; Baxadirovna, Bazarova Dildora
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3356

Abstract

Introduction: The regulation of land rights transfer constitutes a vital instrument in realizing legal certainty and the protection of civil rights within society. Indonesia and Uzbekistan exhibit fundamental differences in their legal systems and traditions of land governance, which directly influence the manner in which legal certainty is established. Indonesia, through the Basic Agrarian Law of 1960 and Government Regulation Number 24 of 1997, adopts a negative land registration system with a positive tendency, while Uzbekistan, under the Land Code of 1998, declares land as state property administered under a national cadastre system emphasizing strict administrative registration.Purposes of the Research: The purpose of this study is to analyze and compare the regulation of land rights transfer in Indonesia and Uzbekistan by examining its implementation in light of legal certainty and civil law principles.Methods of the Research: This research employs a normative juridical method with a comparative legal and philosophical approach, particularly drawing upon the theory of legal certainty.Results Main Findings of the Research: The findings reveal that Indonesia continues to face weaknesses in formal legal certainty due to the non-absolute nature of its land registration system, which instead prioritizes the protection of subjective rights and substantive justice. Conversely, Uzbekistan enforces formal legal certainty through its cadastre system, yet tends to overlook substantive justice and the principle of consensualism. The novelty of this research lies in its philosophical analysis situating both countries within the comparative framework of legal certainty in civil law, thereby offering new discourse on the necessity of harmonizing legal certainty and substantive justice in the regulation of land rights transfer.
Legal Pluralism in the Colonial Era: The Influence of Economic Globalization on the Elimination of Poenale Sanctie and Customary Law Azwar, Tengku Keizerina Devi; Baxadirovna, Bazarova Dildora
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3392

Abstract

Introduction: From the late nineteenth to the early twentieth century, the expansion of large-scale plantations driven by global capital created a dual legal order in which colonial law was positioned as the dominant system, while customary law became subordinated. The central issues explored are how economic globalization shaped the configuration of legal pluralism and what factors contributed to the abolition of the poenale sanctie within the colonial legal system.Purposes of the Research: The purpose of this research is to analyze the dynamics between colonial and customary law in the context of global economic change and to investigate the underlying causes of the abolition of the poenale sanctie.Methods of the Research: This is normative legal research employing a conceptual approach. Data were drawn from primary legal sources, including colonial regulations and official archives; secondary legal sources, such as academic literature; and tertiary supporting materials. The data were then analyzed using a qualitative-descriptive method.Results of the Research: The findings reveal that the abolition of the poenale sanctie was influenced by both international and internal factors. External pressures included global public opinion and the rise of ethical politics, while internal drivers involved labor resistance, humanitarian advocacy, economic efficiency considerations, and the evolution of modern criminal law. The novelty of this research lies in its analysis of the implications of the abolition of the poenale sanctie for the status of customary law in East Sumatra. The study demonstrates that despite reforms within the colonial legal system, customary law did not gain significant recognition but remained marginalized. Hence, this research contributes to the discourse on colonial legal pluralism by highlighting the tension between economic globalization, colonial governance, and the persistence of customary law.
Tax Reform Through the Reconstruction of Disputes and Law Enforcement Based on the Pancasila Legal Philosophy Radhyca Nanda Pratama; El Ula, Khaidar Alifika; Baxadirovna, Bazarova Dildora
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i01.69708

Abstract

Problems with tax disputes in Indonesia include the burden of cases in the Tax Court that have not been decided and as well as the resolution of tax disputes in two courts, namely the PTUN and the Tax Court. This gives rise to inefficiencies in resolving tax disputes. This research aims to formulate tax reform by reconstructing disputes and enforcing tax law based on the values of Pancasila as the ideals of Indonesian law. This research is normative legal research by prioritizing, prioritizing conceptual, statutory, and comparative approaches. The results of the research show that the urgency of resolving disputes and enforcing tax law which refers to the values of Pancasila as the ideals of Indonesian law is expected to be able to apply the three values in Pancasila, namely deliberation-consensus, the value of efficiency and the value of justice which are expected to be applied used in disputes and enforcement of tax law which is more efficient. Reconstructing disputes and enforcing tax law, which is based on the three main central values in Pancasila, namely the value of deliberation and consensus, the value of efficiency, and the value of justice, requires tax reform through the revision of statutory regulations using the omnibus law method. This requires involves the formulation of the Tax Dispute Law using the omnibus law method, which revises several related laws such as the Tax Court Law, the HPP Law, and various other related associated laws and regulations. In practice, the idea of dispute reconstruction and tax law enforcement needs to be carried out by prioritizing tax mediation, resolving tax disputes in the Tax Court, and optimizing preventive approaches such as e-tax consultation.
Co-Authors Azwar, Tengku Keizerina Devi El Ula, Khaidar Alifika fatimah Fatimah Nurlani, Meirina Radhyca Nanda Pratama Taman, Badrun