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Rekonstruksi Hukum Pidana di Indonesia untuk Menangani Perkembangan Kejahatan Ekonomi Global Muhammad Lutfi Syarifuddin
Hikamatzu | Journal of Multidisciplinary Vol. 2 No. 2 (2025): Multidisciplinary Approach
Publisher : Hikamatzu | Journal of Multidisciplinary

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Abstract

  Legal reform [2.1]can be interpreted as an effort to replace the current legal order in accordance with social, political developments and aspirations regarding the legal order that the community aspires to. One of the things that must follow developments in the international community is criminal law. Moreover, the provisions in our criminal law are no longer in accordance with democratic values, respect for human rights, and cannot respond to developments that occur in society so that justice is not achieved as aspired by society. In addition, our criminal law can no longer ensnare the types of unlawful acts that occur in society, especially in the economic field. Therefore, it is time for us to enter what Barda Nawawi Arief calls the new era of Indonesian criminal law.Economic criminal law reform, must be directed to the extent to which the applicable provisions of criminal law (economic) need to be changed or updated, including including how to prevent the occurrence of criminal acts (economy), and methods of investigation, prosecution, trial. and criminal prosecution must be carried out
Tinjauan Umum Tentang Wali Nikah Muhammad Lutfi Syarifuddin
An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial Vol. 5 No. 1 (2018): Juli
Publisher : LP2M Sekolah Tinggi Agama Islam (STAI) Madiun

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Judging from the root of the language, the word guardian comes from Arabic which means protector, guarantor (someone's life). While the word "guardianship" in Arabic is walayah (ولاية). Whereas the word walayah is the masdar form of the verb ولى يلى ولاية which means it is close to. Muhammad Abduh interpreted the verse that the man married himself and married the women who surrendered their affairs to other people (guardians). Because a woman cannot marry herself freely, but must be with a guardian. Because marriage is a renewal of relatives (family) and affection between families in association. It will not be perfect and the benefits will be achieved except with the help or intercession of the guardian as well as the existence of the woman's willingness and permission requirements frankly for the widow and in silence as a requirement for a girl who is still embarrassed. Islam is a general requirement of a guardian. Regarding the size of a religious guardian in Indonesia there are several opinions. First, besides being acknowledged by the person concerned, it was also recognized by the community, that he was indeed Islam. Second, whoever pronounces the two sentences of the creed and knows and believes in the truth - that is, there are no sayings and actions that are contrary to his confession. Fourth, looking at other than believes with the pillars of complete faith, they must also worship, especially praying and fasting
Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam Muhammad Lutfi Syarifuddin
An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial Vol. 7 No. 1 (2020): July
Publisher : LP2M Sekolah Tinggi Agama Islam (STAI) Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/annuha.v7i1.345

Abstract

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.