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Peran Hukum Islam Terhadap Hukum Positif di Indonesia Fadhil Citra Darmakusuma; Muhammad Afrizal Habibie; Muhammad Zidan Ramadhan; Nauval Athalah Ramadani; Raja Huwaidi Kamil; Baidhowi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 1 (2025): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/wdv9ea16

Abstract

This study examines the role of Islamic law in the formation and development of positive law in Indonesia, which historically, philosophically, and constitutionally holds a crucial position within the national legal system. As an integral part of Indonesian society, Islamic law has contributed to various aspects of regulation, particularly in the areas of family law, Islamic economics, and Islamic philanthropy. Through an analysis of regulations such as the Marriage Law, the Zakat Law, the Waqf Law, and the Islamic Banking Law, this study demonstrates that sharia principles such as justice, welfare, and legal certainty are relevant to the objectives of national law, which is based on Pancasila and the 1945 Constitution. However, harmonization between Islamic law and positive law still faces challenges, including legal pluralism, differences in interpretation, and institutional limitations. Based on this discussion, this study recommends strengthening sharia-based legislation, increasing the capacity of Islamic legal institutions, legal literacy, and contextual ijtihad to ensure that Islamic law plays a growing role in the development of a just, modern, and Indonesian-characterized national law.
Tinjauan Yuridis Terhadap Pembatalan Akta Wasiat Dalam Sengketa Warisan: Studi Putusan Nomor 211/pdt.G/2020/PN Jkt.Pst Rayi Kharisma Rajib; Fadhil Citra Darmakusuma; Muhammad Afrizal Habibi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/rxmxy303

Abstract

A will deed as an authentic deed has binding legal force; however, in practice, it may be annulled if it contradicts legal provisions and harms the rights of heirs. This study aims to analyze the judge’s legal considerations in the annulment of a will deed in inheritance disputes based on Decision Number 211/Pdt.G/2020/PN Jkt.Pst and its legal consequences for the parties involved. This research uses a normative legal research method with statutory and case approaches. The results show that the annulment of the will deed was based on legal defects causing the will to fail to meet the validity requirements regulated in the Indonesian Civil Code, including the protection of the compulsory portion rights of heirs (legitieme portie). The legal consequence of such annulment is that the will deed loses its binding legal force, and the distribution of inheritance reverts to inheritance provisions under statutory law. This study is expected to serve as a reference for notaries and the public in drafting will deeds in accordance with applicable legal provisions.