Mimbar Keadilan
Januari-Juni 2016

TINJAUAN YURIDIS ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK SEBAGAI DASAR PEMBATALAN KEPUTUSAN TATA USAHA NEGARA DALAM KAITANNYA DENGAN PASAL 53 AYAT (2) UNDANG-UNDANG NOMOR 9 TAHUN 2004

Laratmase, Kristhiana Anthonia (Unknown)



Article Info

Publish Date
10 May 2016

Abstract

Badamai at Banjar Adat community is the implementation of Islamic moral value that have alwaystaught the way of peace or islah in resolving a dispute. Badamai in inheritance disputes prevalent inBanjar society islah way. Similarly in the case of dispute resolution such as divorce maritalreconciliation, separate beds (barambangan), including the division of joint property badamai finish(treasure continence) during the marriage in the event of divorce or because of divorce life, this is oftendone by attempting to reconcile through roles (hakamain). The results of this research are: (1) thedivision of the community estate in Banjar performed usig an agency called islah, which is essentiallythe institution determines each part of the theirs and other beneficiaries by consensus. In the role ofinstitutions islah master teacher and close relatives are parents is crucial. Therefore there is the role ofmaster teacher, then the provisions of Islamic aw into their benchmark. But under normalcircumstances (no inheritance dispute) the division of inheritance is done varies, at least in two ways,Fara’id-Islah ad second Islah way, and (2) how to completion of the distribution of the estate is done ina family that is by agreement of the heirs based on a custom badamai valid for the Banjar, a wise solution to address the differences in economic conditions heirs. Waris Distribution Agreement inprinciple heir to the principle of division of real kinship is based on the belief of the scholars of fiqh thatmatter the beneficiary is an individual right which shall have the right to use or not use its right, oruse their rights in a particular way while not harming others in accordance with the standard rulesapply in ordinary circumstances.Keywords: Distribution of Inheritance, Heirs Khuntsa, Indigenous Badamai

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Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...