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All Journal Jurnal Suara Hukum Batulis Civil Law Review
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 (In Progress Issue)
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.
Co-Authors fatimah Fatimah Nurlani, Meirina Taman, Badrun