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POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 24772844     EISSN : 26155745     DOI : https://doi.org/10.32505/politica.
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Legal, Constitution in Islam, Comparative Constitution, Islamic Political Thoughts, Fiqh Siyasah.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 133 Documents
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Menelisik Kepastian Hukum Akta Wasiat atas Pencairan Deposito Pewaris yang Ditahan oleh Bank Alghaffar, Anandito Fadli; Sri Marniati, Felicitas; Sailellah, Sirajudin
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12491

Abstract

A will serves as strong evidence in the event of a legal dispute in court and is regulated under Article 875 of the Civil Code. A will may include instructions regarding the provision of a deposit. In cases where a beneficiary, designated as an heir according to the testament, seeks to withdraw the deposit from the Bank, the Bank may withhold it, raising issues regarding the legal consequences of such withholding and the assurance of legal certainty concerning the beneficiary’s right to withdraw the deposit under the will. To address these issues, the researcher applied the theory of Legal Consequences by R. Soeroso and the theory of Legal Certainty by John Michiel Otto. The study employed a normative juridical research method, using library research and secondary data obtained from primary, secondary, and tertiary legal sources. The research approach included statutory, conceptual, analytical, and case-based analyses. Legal data were collected through identification and inventory of applicable laws, books, journals, and other relevant legal references, and were analyzed using grammatical interpretation, analogy, and legal reasoning. The research findings reveal that legal consequences arise when the Bank withholds the deposit. While the legal relationship between the testator and the Bank terminates, the beneficiary acquires rights and obligations upon the disbursement of the deposit. Furthermore, legal certainty is achieved through court decisions, which ensure the enforceability of the will and the beneficiary’s right to access the deposit.
Tanggung Jawab Hukum PPAT atas Dana BPHTB yang Tidak Disetorkan ke Kas Negara: Suatu Kajian Yuridis Ayulina, Jennitri; Ismed, Mohamad; Sri Marniati, Felicitas
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12497

Abstract

This study examines the legal consequences and responsibilities of Land Deed Officials (PPAT) regarding entrusted Land and Building Rights Acquisition Fee (BPHTB) payments that are not deposited into the state treasury. Article 25 paragraph (2) of the Regulation of the Minister of ATR/BPN No. 3 of 2023 requires proof of BPHTB payment in every transfer of land or building rights. However, in practice, clients often entrust BPHTB payments to PPAT, and some officials fail to forward the funds, creating legal problems. Using a normative juridical method with statutory, conceptual, analytical, and case approaches, this research analyzes legal materials from primary, secondary, and tertiary sources. The results show that PPAT who fails to deposit entrusted BPHTB funds may face criminal sanctions under Articles 372–376 of the Criminal Code, particularly Article 374 on embezzlement, since Government Regulation No. 24 of 2016 does not explicitly regulate such sanctions. The implication is the need for strict legal accountability of PPAT to ensure legal certainty, protect the public, and safeguard state revenue.
Jual Beli Harta Bersama Tanpa Persetujuan Istri Sah: Analisis Sanksi Hukum dalam Perspektif Teori Akibat Hukum Hartawati, Yunita Maria Magdalena; Marniati, Felicitas Sri; Setiadi, Yuliana
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12498

Abstract

Property acquired during marriage constitutes joint property and may only be transferred with the consent of both husband and wife as regulated in Law Number 1 of 1974. However, in practice, there are still cases of land sales as joint property conducted before the Land Deed Official (PPAT) without the wife’s consent. This research aims to analyze the legal consequences and legal certainty of such sale and purchase deeds. This study employs normative legal research with statutory, conceptual, analytical, and case approaches. Legal materials are obtained from legislation, literature, and court decisions, and analyzed using interpretative and constructive techniques. The results indicate that a sale and purchase deed made without the wife’s consent has no legal effect, as it is null and void by court decision. Such cancellation ensures legal certainty and protects the wife as the aggrieved party. The implication is that PPAT practices must pay greater attention to the subjective requirements of agreements to ensure that transactions involving joint property comply with the law and avoid disputes.
Prinsip Le Mort Saisit Le Vif dalam Peralihan HakTanah: Perlindungan Hukum bagi Pembeli terhadap Penolakan Ahli Waris Ismail, Ismail; Sri Marniati, Felicitas; Sailellah, Sirajudin
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12499

Abstract

The principle of le mort saisit le vif provides that upon the death of a person, all rights and obligations are immediately transferred to their heirs. These include both assets and liabilities, such as the obligation to complete a land sale and purchase transaction initiated by the deceased during their lifetime. A key issue arises when heirs reject the making of a Sale and Purchase Deed (Akta Jual Beli) for a transaction conducted by the testator, raising questions about the validity of the transfer of land rights and the legal protection available to the buyer. This research applies the theory of legal protection and the theory of land registration, using a normative juridical method based on legal literature and secondary data from primary, secondary, and tertiary sources. The approaches include the Legislative Approach, Conceptual Approach, Analytical Approach, and Case Approach. Legal materials are analyzed using grammatical and systematic interpretation, supported by legal construction methods. The results show that the transfer of land rights through a Sale and Purchase Deed rejected by the heirs cannot be implemented, as maintaining land registration data requires a deed made before an authorized Land Deed Official (PPAT). To ensure legal protection, the buyer may pursue legal action against the heirs for unlawful acts, since heirs inherit not only assets but also obligations, including the duty to finalize the sale and purchase transaction. This obligation entails executing and signing the deed before a PPAT, thereby upholding the principle of le mort saisit le vif and ensuring legal certainty in land registration.
Analisis Yuridis Akta Wasiat yang Melanggar Legitieme Portie: Implikasi Terhadap Tanggung Jawab Notaris Septiana, Tri Wulan; Lontoh, Rielly; Turhamun, M. Slamet
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12568

Abstract

This research is motivated by the existence of an inheritance dispute caused by the existence of a will deed made by a Notary that is contrary to the provisions of Legitieme Portie. In Article 913 of the Civil Code it is regulated that Legitieme portie must be given to the heirs in a straight line according to the law, against which the deceased person may not determine anything, even with a will deed. The formulation of the problem in this research is How is the notary's responsibility for a will that violates the absolute rights (Legitieme Portie) of the heirs in the Civil Code, and What are the legal consequences of a will deed that violates the absolute rights (Legitieme Portie) of the heirs in the Civil Code. The theory used in this research is the Theory of responsibility according to Hans Kelsen and the Theory of consequences according to Soeroso. The research method used in this study is normative juridical. Legal research is conducted by examining library materials or secondary data only. This study uses legislative, conceptual, analytical, and case-based approaches. The results of this study indicate that a notary who makes a deed contrary to the provisions of the Legitieme Portie is obliged to be held accountable under civil law. Although the court decision does not stipulate sanctions for notaries, if the notary is later sued by a party who feels aggrieved, the notary must be held accountable. The legal consequence of the will is that it is null and void and has no binding legal force.
Narasi Religiusitas Politik : Strategi Calon Gubernur Kalimantan Selatan Pada Pemilukada 2020 Wahdini, Muhammad
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.4287

Abstract

South Kalimantan, which is dominated by the Banjar tribe, has a strong religious culture in various sectors, including the political sector. Tuan Guru's role is very important in the political map of South Kalimantan, so that in every political contest, Tuan Guru's role cannot be ignored in gaining public support for candidates. As the one-election governor of 2020, the role of Tuan Guru is very influential in the process of winning one of the candidate pairs. This paper aims to analyze the pattern of religious narratives in politics that occur in Indonesia's Borneo South. In addition, this paper also analyzes the role of Tuan Guru in the world of politics in South Kalimantan. This writing was produced from a literature review with data sources in the form of important research results related to religious and political issues in Kalimantan. This paper also uses articles that are directly related to the issue at hand. This paper argues that the narrative of political religiosity is a strategy used by candidate pairs to gain the sympathy of voters. The approach with Tuan Guru carried out by the candidates was, in fact, very effective in gaining votes in the gubernatorial election process.
Peran Pemuda Islam Dalam Pengelolaan Sampah Rumah Tangga di Kecamatan Sunggal Kabupaten Deli Serdang Rangkuti, Bachtiar Ahmad Fani; Aulia, Rahma; Yusdha, Nur Aflah; Harefa, Hajriani
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5483

Abstract

The production of waste every day is increasing in line with the increasing population and consumption patterns of the people. The thing that must be done to overcome the increase in the volume of waste is to reduce the volume of waste. So that in this study is to describe the role of youth in household waste management in Sunggal District, Deli Serdang Regency, how the general impact and the positive impact of the waste management. This research uses a descriptive method. Which was carried out at Jalan Mesjid Pasar IV Tanjung Gusta, Sunggal District, Deli Serdang Regency by conducting interviews and observations to obtain data needed by researchers in seeking information related to the impact of waste management in the community in the area. The results of this study indicate that the waste management site that was built and developed by the youth brings together local people who work to manage the waste. This waste management has also been developed into a start-up company where the results of waste management are developed into decorative items or items that can be reused based on selling value. With the construction and development of this waste management site, it certainly has a positive impact on the local community which creates jobs that can help improve the economy of the surrounding community
Akibat Hukum yang Ditimbulkan Oleh Zihar Terhadap Perkawinan Ditinjau dari Undang-Undang dan Kompilasi Hukum Islam Dintara Lubis, Syaddan
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5578

Abstract

a law will always be present as a guiding compass so that humans as social beings do not run away from the right path, but a law or regulation will create patterns and forms of life resulting from the impact of that law as well. This study shows directly from a legal perspective regarding the impact caused by Zihar on marriage in terms of the Law what's more, aggregation of Islamic Regulation. The examination strategi utilized in this study is the elucidating technique, this method will show patterns of problems in society as legal subjects, which are studied through the techniques that apply in the public eye and circumstances, perspectives, sees, on going cycle, the impact of a peculiarity. With this study, the results will be obtained from research on the legal consequences caused by zihar on a marital relationship.
Analisis Transparansi KPU Dalam Meloloskan Partai Ummat “Implementasi PKPU No 6 Tahun 2018” Wiji Utomo, Wahyu
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5617

Abstract

One of the characteristics of democracy that is growing is the implementation of honest and fair elections. The 2024 election will certainly invite the political desire of many people to participate directly in it. Setting up a new party is one of the fastest ways to gain power. The emergence of the Ummah Party is one of the cases that is quite interesting to study, where previously the party was reported as TMS by the KPU and then, not so long ago, it was allowed to pass verification by the KPU, which of course leaves millions of questions unanswered to this day. The main question in this study is how the KPU is able to carry out the mandate of the law, especially on the issue of data and information transparency, and how the KPU is able to implement PKPU No. 6 of 2018 regarding data verification, which is suspected by many to be very deceptive and also suspected of fraud. As a result, the researchers' role here is to examine the transparency of data and information in the KPU's passage of the Ummah Party. The problems addressed in this study were addressed using descriptive qualitative methods as well as data analysis with reference to the enundang invitation regulations. From the results of the study, it was found that there were two manipulative actions associated with the lack of transparency of the KPU in providing data and information to the wider community, especially to the participants of new political parties.
Menilik Pertanggungjawaban Penyelenggaraan Pemerintahan Gampong Menurut Qanun Gampong No. 1 Tahun 2019 Siregar, Friska Anggi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5796

Abstract

Gampong Aceh Qanun No. 1 of 2019 concerns the Gampong government regulating gampong governance administration. The Keuchik as the gampong government, must submit a government responsibility report to Tuha Peut Gampong and the Mayor through the camat. The report consists of three parts: the year-end report on the administration of gampong governance, the final report on the administration of gampong governance at the end of the period, and the information report on the administration of gampong governance at the end of the fiscal year. Keuchik reporting activities are funded by the Gampong Revenue and Expenditure Budget (APBG), and the procedures for submitting Keuchik accountability reports are regulated in a Mayor Regulation. With this rule, it is hoped that the Gampong Aceh administration will become more accountable and transparent.

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