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Laras Shesa
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Pusat Penerbitan dan Publikasi Ilmiah Institut Agama Islam Negeri Curup Jl. Dr. Ak. Gani No. 01 Curup, Rejang Lebong Bengkulu - Indonesia
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Berasan: Journal of Islamic Civil Law
Published by Institut Agama Islam Negeri Curup
ISSN : 29632366     EISSN : 2963234X     DOI : 10.29240/berasan
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Berasan: Journal of Islamic Civil Law is published twice in a year, on June and December. This journal is published by the Institut Agama Islam Negeri Curup. This journal is projected as a media, sphere, and dessemination of scholars studies on islamic law issues. Indeed, Berasan invites all of participant—scholars and researchers to submit their best-papers, and publish it in Berasan: Journal of Islamic Civil Law Berasan: Islamic Civil Law Journal encompasses a broad range of research topics in Islamic law: Islamic Family Law, Islamic Civil Law, Legal Assistence in Islam, Religious Courts, Religious Courts Procedural Law, Islamic Civil Administration, Islamic Inheritance Law, Islam and Gender Discourse, Legal Drafting of Islamic Civil Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Ensuring Substantive Justice in Islamic Inheritance Law: The Role of Religious Courts in Protecting Vulnerable Heirs in Indonesia Nur Azizah; Lestari, Dila Purwa; Agus Maulana Qosim
Berasan: Journal of Islamic Civil Law Vol. 4 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i1.14773

Abstract

This study examines how substantive justice is ensured in the application of Islamic inheritance law through the role of religious courts in protecting vulnerable heirs. The research aims to analyze judicial reasoning in resolving inheritance disputes and to assess how religious courts balance normative faraidh provisions with the need for equitable legal protection. Employing doctrinal legal research with a case law approach, this study analyzes Decision Number 164/Pdt.G/2025/PA.Amt of the Amuntai Religious Court, supported by statutory analysis of the Compilation of Islamic Law and relevant Qur’anic provisions. The findings indicate that the court did not merely apply inheritance formulas textually, but exercised judicial discretion to uphold substantive justice, particularly by recognizing the legal status of vulnerable heirs, appointing guardianship arrangements, and imposing provisional seizure to prevent the misuse of inherited assets. This approach demonstrates the court’s active role in safeguarding the rights and interests of heirs who are structurally disadvantaged within family disputes. The study concludes that religious courts function not only as normative law enforcers, but also as key institutions in bridging the gap between formal Islamic inheritance rules and substantive justice. This contributes to broader discussions on the dynamic interpretation of Islamic family law in contemporary legal practice.
Football Player Contracts at Persija Jakarta from the Perspective of Indonesian Fiqh Muamalah: Analysis of Ijarah Al-Asykhash Contracts in MUI Fatwas and FIFA RSTP Adjie Prasetyo, Bima
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.14691

Abstract

This study analyzes the system and implementation of employment contracts between professional football players and the Persija Jakarta club based on the perspective of the ijarah al-asykhash contract according to Fatwa No. 112/DSN-MUI/IX/2017. Using a qualitative method with a descriptive-analytical approach, this study examines player contracts, FIFA and PSSI regulations, and interviews with APPI. The results of the study indicate that the employment contract system at Persija Jakarta is in accordance with the principles of the ijarah contract, which regulates the relationship between players (ajir) and clubs (musta'jir) in exchange for ujrah (salary). The contract includes the rights and obligations of players and clubs, including compensation, duration, sanctions, and dispute resolution. However, in practice, obstacles are still found such as late salaries, unilateral contract termination, and dispute resolution that is not in accordance with FIFA regulations. In conclusion, although the contract system is in accordance with the ijarah contract, its implementation still faces obstacles that are detrimental to players. Efforts are needed to align contracts with FIFA regulations and improve the protection of players' rights in order to create fairer and more professional working relationships in the Indonesian football industry
Juridical Analysis of the Division of Joint Property in Divorce Cases in Indonesia: Study of Decision No. 308/Pdt.G/2025/PA.Plk Aulia Zahra, Nurul; Mahdiyani, Siti; Ya Ngoh, Burhan
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.14774

Abstract

This study aims to provide a juridical analysis of the division of joint property in divorce cases based on Decision Number 308/Pdt.G/2025/PA.Plk of the Palangka Raya Religious Court. The research focuses on the legal basis applied by the judge, the juridical considerations underlying the decision, and its conformity with the Marriage Law and the Compilation of Islamic Law (KHI). The method used is normative legal research with a case study approach, analyzing court decisions, legislation, Islamic legal doctrines, and family law literature. The findings reveal that the division of joint property is generally based on the principle of fairness, granting equal shares to husband and wife. In this case, however, the dispute arose because the defendant retained control over the property after the divorce, prompting the plaintiff to file a lawsuit with a request for a conservatoir beslag (security seizure). The proceedings led to mediation, which resulted in a peaceful settlement, and the lawsuit was subsequently withdrawn. Although the case ended amicably, the settlement lacks legal strength because the agreement was not formalized through a deed of settlement (akta perdamaian). The conclusion emphasizes that the mechanism of joint property distribution is not only governed by statutory law but also shaped by mediation as a dispute resolution tool that prioritizes fairness and consensus. Therefore, formal legitimacy through a deed of settlement is essential to ensure that a peacefully resolved case still carries binding legal force
Legal Certainty for Unregistered Marriages in Indonesia: A Study of the Isbat Nikah Decision of the Palangkaraya Religious Court No. 339/Pdt.G/2024/PA.Plk Maharani, Syaima Desinta; Hasanah, Uswatun; Amin, Fadli; Mayada, Aulia
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.15178

Abstract

This study was conducted in response to the prevalence of unregistered marriages in Indonesia, which have serious implications for the rights of husbands, wives, and children, and hinder the population administration process. This article aims to analyze, from a legal-normative perspective, the practice of legalizing unregistered marriages through the mechanism of marriage validation in the Religious Court of Palangkaraya City. The main focus of this research is Decision Number 339/Pdt.G/2024/PA.Plk, with the aim of exploring in greater depth the legal considerations used by the judge in granting the marriage validation request. The research method used is normative legal research with a descriptive qualitative case study approach. The primary data in this study is Decision Number 339/Pdt.G/2024/PA.Plk, supplemented by interviews with the judge. Meanwhile, the secondary data consists of scientific literature related to the research theme. The data was collected through document studies and semi-structured interviews with the judge. The results of the study show that the marriage validation petition in decision No. 339/Pdt.G/2024/PA.Plk was driven by the need to obtain legal certainty regarding the status of the marriage, provide legal protection for the rights of the wife and children, and facilitate the fulfillment of administrative requirements such as processing BPJS Ketenagakerjaan (Social Security Administration Agency for Employment) claims and other population documents. The judge granted the marriage validation petition based on the fulfillment of the requirements and pillars of marriage according to Islamic law, the absence of marriage barriers, and convincing evidence. In conclusion, marriage validation at the Palangkaraya Religious Court not only serves as a formal legalization of unregistered marriages, but also as a strategic means to achieve justice and provide legal protection for people whose marriages are not officially registered, while affirming the state's existence in protecting the rights of its citizens, thereby ensuring legal certainty.
Legal Certainty for the Implementation of Fiduciary Guarantee in Indonesia Post-Constitutional Court Decision No. 18/PUU-XVII/2019 Hakim, Sofyan; Shesa, Laras
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.15905

Abstract

Fiduciary guarantee institutions play an important role in Indonesia's financing system because they allow debtors to retain control of collateral while providing legal protection for creditors. However, in practice, the mechanism for executing fiduciary guarantees often causes problems, especially after Constitutional Court Decision No. 18/PUU-XVII/2019, which reinterpreted the executory power of fiduciary certificates. The ruling requires acknowledgment of default by the debtor or a court ruling in the event of refusal of execution. This study aims to analyze the legal certainty of fiduciary guarantee enforcement after the ruling and assess its implications for the legal relationship between creditors and debtors. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were analyzed through a literature study using systematic, historical, and teleological interpretation techniques of Law No. 42 of 1999, its implementing regulations, and relevant Constitutional Court decisions. The results of the study show that the Constitutional Court's decision has shifted the paradigm of fiduciary execution from formal legal certainty to legal certainty that is more oriented towards substantive justice. However, the absence of technical regulations regarding the form of default recognition and voluntary surrender procedures has created new uncertainties in practice. Therefore, regulatory harmonization, the development of default evidence guidelines, and the strengthening of the fiduciary administration system are necessary to ensure the fair and effective implementation of fiduciary guarantees and provide legal certainty for the parties.
Strengthening Legal Certainty for Waqf Land in Indonesia Through Certification: A Study at the Magetan District Land Office Kusumaningtyas, Harum
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.16005

Abstract

Waqf land plays an important role in the social and religious life of Indonesian society, particularly in relation to worship, education, social activities, and general welfare. In order to maximize the use of waqf land and protect it from potential legal disputes, it is essential to register and issue waqf certificates. These certificates serve as legal evidence in the country's land system. The purpose of this study is to analyze the function of waqf land certificates in providing legal certainty and to examine the development of waqf land registration in Magetan Regency. The approach used in this study is normative-empirical. This method combines a legal review of waqf regulations and data collection from waqf registration documents, interviews with staff from the Land Office, and direct observation in the field. The results of the study show that waqf land certificates serve as strong evidence of rights, provide legal protection for nazirs, and guarantee legal certainty for waqf beneficiaries. Empirical data also shows an upward trend in the registration and issuance of waqf land certificates in Magetan Regency in recent years. This increase is due to the accelerated waqf land registration program, socialization carried out by the Land Office, the active role of the Office of Religious Affairs, and increased public awareness of the importance of waqf land legality. The results of the study indicate that the more waqf land is registered, the stronger the legal protection and certainty in the management and utilization of the waqf. This study also suggests that there should be increased coordination between agencies and education for the community to expand the coverage of waqf land certification, in order to create safe, orderly, and sustainable waqf management.
Judicial Role Conflict in Civil Dispute Resolution in Indonesia: Judges as Adjudicators and Mediators at the Religious Court of Curup M.Reivaldy Elfitra Samudra Tungga; Syarial Dedi; Ilda Hayati; Rifanto bin Ridwan
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.16054

Abstract

The expansion of judicial functions through court-annexed mediation has led judges to serve not only as adjudicators but also as mediators in the resolution of civil disputes. This situation gives rise to potential role conflicts that have implications for the principles of judicial impartiality and independence. This study aims to analyze the forms and dynamics of judges’ role conflicts in practice, as well as their implications for the implementation of court-annexed mediation in Indonesia. This study employs an empirical legal approach through a case study at the Curup Religious Court, utilizing case file analysis and interviews with judge-mediators. The findings reveal that role conflict is a tangible phenomenon experienced by judges, particularly when performing mediation functions and subsequently adjudicating the same case. Nevertheless, this conflict does not directly undermine judicial impartiality, as it is addressed through the internalization of professional ethics and a commitment to independence. However, these findings also reveal that the effectiveness of judicial mediation remains highly dependent on the individual integrity of judges and is not yet fully supported by an optimal institutional design. This study contributes theoretically by positioning judges’ role conflict as an inherent characteristic managed within a hybrid dispute resolution system, and by emphasizing the importance of an approach that considers the interaction between norms, structures, and actors in the development of court-annexed mediation in Indonesia as part of a global issue.

Page 5 of 5 | Total Record : 47

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