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INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES
Published by Universitas Islam Negeri Sumatera Utara
ISSN : 25806777     EISSN : 25806785     DOI : -
Core Subject : Education,
Education Languange, Linguistic, Communication & Media
International Journal on Language, Research and Education Studies (IJLRES), published by English Language Center, Faculty of Education and Teachers Training, State Islamic University (UIN) of North Sumatra, Medan - Indonesia is an open access journal that can be used as the medium of interaction for all scholars in the range of Language, Research and Education Studies.
Arjuna Subject : -
Articles 164 Documents
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Legal Certainty of the Position of Substitute Heirs in the Compilation of Islamic Law and Its Relevance to the Principle of Inheritance Justice Darsih Ayu Wulandari; Rachmi Sulistyarini; Siti Rohmah
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30120

Abstract

This article examines the legal certainty of substitute heirs under the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and its relevance to inheritance justice. Article 185 allows the child of an heir who dies before the testator to replace the parent’s position, but the phrases dapat digantikan and tidak boleh melebihi bagian ahli waris yang sederajat dengan yang diganti remain open to interpretation. Using normative juridical research with statutory and conceptual approaches, this study analyzes legal materials through grammatical, systematic, and teleological interpretation. The findings show that substitute heirship is conditional, derivative, and proportional: it arises when the original heir predeceases the testator and no legal impediment exists, derives from the predeceased parent’s position, and is limited by Article 185 paragraph (2). The term anaknya should include male and female grandchildren in the direct descending line, whether through a son or daughter of the testator. However, legal certainty still depends on consistent interpretation by Religious Courts. Article 185 should therefore be understood not merely as a technical inheritance rule, but as a justice-oriented form of Indonesian Islamic legal ijtihad that balances legal certainty, proportionality, substantive justice, and family protection. Its protection of descendants from social and economic vulnerability is also relevant to ḥifẓ al-nafs and ḥifẓ al-nasl.
Vagueness of Article 271 of the Indonesian National Criminal Code on Necrophilia as an Uncivilized Act Against Corpses Andika Dian Tetuko; Nurini Aprilianda; Lucky Endrawati
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.31133

Abstract

This article examines the vagueness of Article 271 of Law Number 1 of 2023 concerning the Indonesian National Criminal Code in relation to necrophilia as an uncivilized act against corpses. The main problem lies in the open-ended phrase “treating a corpse in an uncivilized manner,” which does not explicitly clarify whether sexual acts against a corpse fall within its scope. This study uses normative legal research with statutory, conceptual, case, and comparative approaches. The analysis focuses on the National Criminal Code, the principle of legality, the lex certa requirement, the Mojokerto case, and comparative models from England and Wales, the United States, and India. The study finds that Article 271 provides an initial normative basis for protecting corpses, but its vague formulation may create uncertainty in prosecution, evidentiary construction, and judicial interpretation. This article argues that necrophilia should be regulated more explicitly as a sexual act against a corpse, either through an additional provision under Article 271 or through a separate offence. Such regulation is necessary to protect human dignity after death while maintaining legal certainty and limiting excessive interpretation in criminal law enforcement.
The Validity of The Decree of The Regent of Selayar Islands Regarding the Determination of State Houses That Do Not Conform to the Type of State House Rachmad Aldiansyah; Aan Eko Widiarto; Shinta Hadiyantina
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30266

Abstract

The issuance of the Selayar Islands Regent’s Decree regarding the placement of non-Echelon II Civil Servants (PNS) in Category III, Class B State Residences has triggered a vertical conflict of norms with legislation at the central government level. This study aims to analyse the administrative validity of this action and to map out its legal implications for local government and civil servants. The research method employed is a legal-normative approach utilising legislative, conceptual, and case-based methodologies. The findings indicate that the Regent’s Decision is valid (rechtmatig) as it meets the parameters of authority, procedure, and substantive validity through the exercise of proportional discretion (freies ermessen). Following the enactment of Law No. 6 of 2023 on Job Creation, rigid restrictions on discretion have been reduced, meaning this decision effectively breaks administrative deadlock and safeguards state assets without falling foul of abuse of power. Internally, this decision provides legal certainty and protection for civil servants against arbitrariness (willekeur), whilst externally it optimises the collection of fees to enhance local fiscal capacity.
Reconstructing the Regulation of Non-Taxable Acquisition Value in Land and Building Rights Acquisition Duty for Inheritance in Indonesia Putri Langgeng Sari; Tunggul Anshari Setia Negara; Istislam Istislam
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 10, No 2 (2026): Inpress
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v10i2.30523

Abstract

This article examines the legal ambiguity surrounding the Acquisition Value of Non-Taxable Tax Objects (NPOPTKP) in the Land and Building Rights Acquisition Duty (BPHTB) on inheritance in Indonesia. The problem arises from the absence of a clear mechanism for applying NPOPTKP when inherited land or buildings are received by multiple heirs. Article 46 paragraph (6) of Law Number 1 of 2022 provides a special threshold for inheritance and testamentary grants within a direct family line and between spouses, but does not clarify whether the reduction applies to each heir, only one heir, or heirs who have previously used NPOPTKP. This normative legal research employs statutory and conceptual approaches by examining the UUHKPD, inheritance law, tax principles, legal certainty, legal protection, legal interpretation, and legislative theory. The findings indicate that the current regulation creates uncertainty in tax calculations, unequal fiscal burdens, delays in land registration, and inconsistent practices among local tax authorities. NPOPTKP in inheritance-based BPHTB should therefore be reconstructed through a subject-based, proportional, recorded, and harmonized model. Each heir must be recognized as an individual taxpayer, receive NPOPTKP according to their inheritance share, and have its use recorded in an integrated regional tax system. This model strengthens legal certainty and protection for heirs while preserving local government fiscal interests.

Page 17 of 17 | Total Record : 164

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