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INDONESIA
Journal of Law, Society, and Islamic Civilization
Published by Universitas Sebelas Maret
ISSN : -     EISSN : 27762173     DOI : https://doi.org/10.20961/jolsic.v9i1.52836
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The scope of the articles published in JoLSIC deal with a broad range of topics in the fields of law in general, but the main focus are in the Customary Law and Islamic Law provisions. The purpose of this journal is to promote research and studies on the topic of Islamic Law and Customary Law. JoLSIC provides a forum for academic researchers including students, as well as for practitioners of open legal publishing. Central topics of concern included, but not limited to a) Integration of Customary Law and Islamic Law b) Development of Islamic Law and Customaty Law c) Existance of Customary Law d) Islamic Economy Law Influnce e) Legal Pluralism f) Technical Challenges Faced in Corporating Islamic Law and Customary Law The Editorial Board invites the submission of essays, topical article, comments, critical reviews, which will be evaluated by an independent committee of referees on the basis of their quality of scholarship, originality, and contribution to reshaping legal views and perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 116 Documents
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Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018 Novita Sari; Sukri Hidayati
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.57629

Abstract

National law is developed and adopted through existing laws in society to ensure that the applicable laws in Indonesia are in accordance with the interests and are intended to accommodate the multicultural conditions of Indonesia. This causes plurality in inheritance law in Indonesia because of the condition of Indonesia which has a variety of cultures. One of the people who live in Indonesia is the Batak community. The Batak community adheres to a patrilineal system. The patrilineal system is a system that still refers to gender differences where the legal heirs are male and female heirs who are only considered as 'enjoyers' of their husband's property. This means that the practice that only boys have the right to become heirs has been going on for generations among the Batak people and women are not entitled to family inheritance. However, with the enactment of Jurisprudence No. 03/Yur/Pdt/2018, this patrilineal practice is threatened with change. This is because the jurisprudence raises the issue of equal rights between men and women. Both are seen as equal in the eyes of the law and have a strong legal standing to claim and obtain inheritance. Therefore, this study aims to determine the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018. This research is a descriptive analytical research. The author attempts to describe and provide an overview of the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018 by examining the data obtained through literature studies originating from primary, secondary, and tertiary legal sources. The results of this study indicate that customary law in the Batak community has developed towards granting equal rights between girls and boys in relation to being the heirs or successors of the family.
Perkawinan Sedarah Suku Polahi Ditinjau dari Undang-Undang Nomor 16 Tahun 2019 Nurul Qomaril Afifah; Ikfi Rizkina
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.57729

Abstract

This research tries to explain incest in the Polahi tribal tribe, who dwell among the interior woods of Gorontalo, more specifically in the forests of the Boliyohuto region, Tamaila Village, Tolangohula District, Gorontalo Regency, a culture that is deeply rooted in the local population. The research technique employed is prescriptive and applied normative legal research. Primary and secondary legal documents, as well as literary and document studies, were utilised as sources of legal materials. In the Polahi tribe, inbreeding occurs when a person reaches maturity (both male and female) and is matched with their own siblings. Inbreeding is illegal in marriage, according to the conclusions of this research, under Law Number 16 of 2019 about Amendments to Law Number 1 of 1974 Concerning Marriage, which stipulates that marriage is prohibited between two persons connected by blood, breast milk, and marriage. As a result, the Polahi Tribe has been found to have broken Article 8 of the Marriage Law. If the husband and wife knew before they married that inbreeding was banned by law or religion, the marriage would be considered illegal, and the child's status would be void. As a result, the kid that is born only has a favourable position in terms of inheriting and supporting the original mother and her family. Meanwhile, the government, in this instance the Gorontalo Regency Government, is working to eliminate the practise of inbreeding within the Polahi Tribe's customary law group. The situation of children born from incestuous marriages because their parents were unaware that their union broke the marriage restriction is still relevant. In the meanwhile, if both parties are aware that the marriage is prohibited under Shari'a, the marriage must be cancelled. If they do not end the marriage, it becomes a legal marriage, and the child's status becomes invalid. As a consequence, children that are born are only in a better position to inherit and support their birth mother and family.
Landasan Filosofis, Sosiologis dan Yuridis terhadap Positivisasi Perceraian di Pengadilan Agama Akhmad Farroh Hasan
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.64944

Abstract

According to Islamic law, divorce can occur on one side, namely the husband saying Thalaq. but in the KHI article 115 and the Marriage Law Article 39 paragraph (1) of the Marriage Law that "Divorce can only be carried out before a court session after the court in question tries and fails to reconcile the two parties (husband and wife). Obedience to Allah's law is an absolute obligation for Muslims and as the people of Indonesia, we are also obedient to the prevailing laws and regulations of the Republic of Indonesia. The research is a normative legal research with a statutory approachand a conceptual approach, with the aim of providing a philosophical, sociological and juridical basis on the positivization of divorce in religious courts. The research produced findings including: First, philosophically, KHI and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage to provide the benefit of mankind in accordance with the purpose of the law was made. Second, sociologically, with the principle of making it difficult for divorce to occur, it will inhibit the increase in divorce in society. Third, Juridical provides legal certainty and legal protection as a result of divorce.
Penerapan Fungsi Hukum Jaksa Pengacara Negara untuk Mewujudkan Kepastian Hukum, Keadilan, dan Kemanfaatan dalam Perkara Perdata dan Tata Usaha Negara (Berdasarkan kajian Filsafat Hukum) Andy Sasongko
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.64943

Abstract

The act No. 16 of 2004 concerning the Attorney General of the Republic of Indonesia is the legal basis of the authority of the Prosecutor in the field of Civil and State Administration (DATUN), in the main duties and authorities of the Prosecutor in the field of DATUN, the Attorney General of the State (JPN) has a function to realize legal certainty, justice, and benefits of DATUN cases for the benefit of the State, related to the legal function of JPN in realizing legal certainty, justice, and the usefulness of DATUN case if conducted legal studies in legal philosophy and legal experts can be described that the Prosecutor's Office in this case as JPN has legal functions, legal certainty, legal justice, and legal benefits globally, legislation that underlies the authority and role of jpn among others act No. 16 of 2004 concerning the Prosecutor of the Republic of Indonesia Article 30 paragraph (2) explain that "Prosecutors with special powers may act both inside and outside the Court for and on behalf of the State or Government" , it is further affirmed in the Regulation of the Attorney General of the Republic of Indonesia Number: 040/A/J.A/12/2010 concerning Standard Operational Procedures (SOP) of DATUN Duties, Functions and Authorities, and also explained in Article 24 Paragraph (2) of Presidential Regulation of the Republic of Indonesia Number 38 of 2010 concerning Organization and Work Procedure of the Attorney General of the Republic of Indonesia. This study aims to explain the legal function of JPN to realize legal certainty, justice, and usefulness in DATUN case and know related to JPN authority seen through the study of legal philosophy that also underlies the authority. This research uses normative juridical research method so that it can be concluded that JPN has a legal function as JPN in realizing legal certainty, justice, and benefit of DATUN case.
Analysis of Employment Contracts after Implementation of Law of The Republic Indonesia No. 11 in 2020 Concerning Employment Creation (Case Study in Pt Perkebunan Nusantara XIII) Shul Thanul Azkar; Umi Khaerah Pati
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.65190

Abstract

This research aims to examine the implications of Law of The Republic of Indonesia No. 11 of 2020 On Job Creation to the substance of the Employment Contract and analyze its implementation in a company (PT Perkebunan Nusantara XIII) to the worker after the ratification of the new regulation. The employment contract material that will be studied in this study focuses on the substance of the employment contract starting from the form, contract elements, and contract structure to the anatomy of the contract enforced by PT Perkebunan Nusantara XIII. This research is descriptive empirical legal research. The research approach used is a statutory and conceptual approach with the research location at the Office of the Board of Directors of PT Perkebunan Nusantara XIII and the result is that there are changes, deletions, and the stipulation of new provisions after the enactment of the Law of The Republic of Indonesia No. 11 of 2020 On Job Creation to the substance of the Employment Contract.
Pengaruh Kompilasi Hukum Islam dalam Perimbangan Hakim di Pengadilan Agama Surakarta Royyan Eka Purnama Putra
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.63926

Abstract

Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in examining cases filed in the Religious Courts is widely used as a basis for legal considerations by judges, lawsuits filed by parties and in several aspects of the administration of religious courts cannot be separated from the Compilation of Islamic Law. Article 7 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation does not accommodate Presidential Instructions as a legal system in Indonesia, so that Indonesia which adheres to the Civil Law should have a legal basis clear in the application of the law. The study used empirical methods to find data in the field through data collection tools in the form of interviews with judges at the Surakarta Court, to obtain the perspective of legal practitioners directly regarding the Compilation of Islamic Law in its application in dealing with problems in society. The results of research conducted at the Surakarta Religious Court showed that the position of the Islamic Law Compilation was assessed by judges as having an applicable role in resolving cases in the field of marriage, inheritance and waqf in the Religious Courts, because they were able to adapt to the dynamics in society. The Compilation of Islamic Law deserves a place that is recognized in the legal system in Indonesia.
Pembagian Warisan Tanah Hukum Adat Minangkabau dalam Perspektif Kompilasi Hukum Islam Avvisa Azaria; Ayu Karisa Fania Aristiawati
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.57743

Abstract

The Unitary State of the Republic of Indonesia itself has three inheritance legal systems in its implementation, namely based on local customary law or customs, religious law or beliefs adopted such as Islamic inheritance law, and there are also laws that are made and arranged in such a way by legislators such as inheritance law. Civil Code. In Indonesia, the three types of legal systems live in society according to the beliefs and religions of each community. This writing will examine specifically the comparison of inheritance that applies in Indonesia, namely "Customary Inheritance Law" with "Islamic Inheritance Law". Inheritance will take place if the testator dies and the heir to the inheritance. In the Minangkabau tribe itself in terms of inheritance from the past until now adhered to the matrilineal system or based on the maternal line, in other words, in the inheritance system, the degree of women was higher than that of men. The problem that will be raised in this study is how the distribution of inheritance in the Minangkabau tribe and comparing the inheritance system based on "customary law" with "Islamic law" and what obstacles are caused in the distribution of inheritance in the Minangkabau tribe. With this comparison, it is hoped that it can be seen and differentiated between pure inheritance law and customary inheritance law and which are included in the receptie theory. This study uses a field research method, with a comparative approach that is descriptive in nature. The data used are primary data and secondary data and draw conclusions based on descriptive-analytic-qualitative. The research conducted includes qualitative causality research. The purpose of this study is the results of this study indicate that there are differences and similarities between Minangkabau customary inheritance and the compilation of Islamic law itself.
Mekanisme Penyelesaian Sengketa Sertifikat Hak Atas Tanah Ganda Oleh Kantor ATR/BPN Kabupaten Manggarai Barat Putu Eva Ditayani Antari; I Putu Wahyu Yudha Negara; Ida Ayu Devina Aishwarya Putri Suteja; Merva Putri Salvia
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.66947

Abstract

Land is one of the organizers of life for human, and its value is increasing with the passage of the time. Land use value increases have both positive and negative consequences. The emergence of land conflicts is one of the negative consequences. Disputes over dual land rights certificates, or disputes over two (2) or more certificates that specify the same parcel of land, either totally or partially overlapping, are common in West Manggarai Regency. The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) has the authority to resolve defense disputes in Indonesia through non-litigation channels. Therefore, the problems examined in this study are what are the factors that cause disputes in the land sector and how is the mechanism for resolving disputes over dual land rights certificates in West Manggarai by ATR/BPN West Manggarai Regency. This research uses empirical legal research methods, types of primary legal materials and secondary legal materials with qualitative descriptive data analysis techniques. Based on PERMEN Agaria Number 21 of 2020 concerning the handling and settlement of land cases, the resolution of disputes over dual land rights certificates that can be carried out by the ATR/BPN of West Manggarai Regency is to seek the resolution of dual certificate disputes through non-litigation channels with mediation between the disputing parties. The mediation carried out by ATR/BPN West Manggarai is expected to be able to effectively assist the people of West Manggarai in resolving disputes over dual land rights certificates.
Pelaksanaan Hukum Waris Islam pada Masyarakat di Desa Wonosalam Kabupaten Jombang Syahri Bangkit Nasrullah
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.68909

Abstract

This study describes and examines the implementation of inheritance distribution in the Islamic community in Wonosalam Village and the influence of Islamic boarding schools on the distribution of inheritance in Islamic communities in Wonosalam Village. This research is a descriptive socio-legal research law. Types of data include primary and secondary data with data collection techniques used are observation and interviews, then analyzed by descriptive method. The results showed that the distribution of inheritance in the Islamic community in Wonosalam Village there were two inheritance laws used, namely Islamic inheritance law and customary inheritance law which were carried out by deliberation. The existence of a boarding school that has been established since 1974 has influenced the Islamic community in Wonosalam Village in the distribution of inheritance. Although the distribution of inheritance to the Islamic community in Wonosalam Village is carried out according to custom, based on tasaluh this is allowed, with the aim of not causing conflict between families.
The Right to Freedom of Religion in The Semedi Ritual at Pesanggrahan Langenharjo David Bagus Kuncoro
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.72167

Abstract

Freedom to practice religion and belief is a citizen's right guaranteed by the state and has been regulated in various laws and regulations in Indonesia. In the Indonesian constitution itself, the provisions regarding the right to religious freedom are regulated in a separate chapter, namely in chapter XA on Human Rights. The Semedi ritual is a person's human right in terms of religious freedom. One of the places that are sacred and used as a location to carry out the Semedi Ritual is Pesanggrahan Langenharjo which is located in Grogol District, Sukoharjo Regency, Central Java. This study aims to determine the implementation of the right to freedom of religion in Indonesia in the Semedi Rituals at the Pesanggrahan Langenharjo. This research uses empirical research methods that are descriptive. Research data collection techniques used are field studies and literature studies with research data analysis techniques using qualitative methods that use an inductive mindset. The results of this research are it can be seen that the implementation of the right to freedom of religion in Indonesia has been carried out following the applicable laws and regulations.

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