cover
Contact Name
akhmad khalimy
Contact Email
jurnalinklusif@gmail.com
Phone
+6281312460012
Journal Mail Official
jurnalinklusif@gmail.com
Editorial Address
-
Location
Kota cirebon,
Jawa barat
INDONESIA
Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
ISSN : 23032669     EISSN : 25489631     DOI : -
Core Subject : Social,
Journal INKLUSIF is a journal organized by Department of Syari’ah, Post Graduate Programe Syekh Nurjati State Islamic University. It only publishes original papers (no plagiarism) of literature and field research related to the Study and Research of Economics and Islamic Law. It focuses on the theme and topic of Islamic law: Islamic Criminal Law; Islamic Civil Law; Islamic Family Law; Application of Islamic Law in Indonesia; Islamic Economics; Islamic Banking, Sharia Accounting; and Issues of Contemporary Islamic Economics.
Arjuna Subject : -
Articles 132 Documents
Legal Protection For Juvenile Offenders In The Criminal Justice Process (Comparative Study Of Islamic Law And Positive Law In Indonesia) Ruchendi, Dudi
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.11325

Abstract

This study aims to determine the rights of children who commit criminaloffenses in the judicial and investigative processes in legal protection. Themethod used is the normative juridical and sociological juridical approach. Theresults of this study are as follows: first, the investigation process at the Polres iscarried out by child investigators who are accompanied by parents/guardians,legal counsel, and Bapas. At the Polsek level, the investigation is carried out byinvestigators who usually conduct investigations on adults due to the need formore human resources. Legal counsel must accompany children who are stillsuspects. There is no intimidation during the investigation process; everythingis done according to the investigation procedure for children. Second, children’srights during the trial period are fulfilled and protected by judges and publicprosecutors by the Law on Juvenile Justice System. The rights contained inArticle 3 of Law No. 11/2012 have fully met the principles of legal protectionconsisting of 4 (four) principles: The child cannot fight alone, the best interestsof the child, the life cycle approach, and cross-sectoral.Keywords: Protection, law, juvenile offenses
Legal Analysis Of Mediation In The Settlement Of Joint Property Disputes In Marriage In Terms Of Islamic Law And Positive Law gideon, gideon
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.17222

Abstract

Joint Property has become a polemic in Indonesia’s Islamic legal discourse and legal system. Initially, the assets brought by the husband did not have any identification, nor did those brought by the wife. Such assets are inherited assets of both parties, which are identified as the personal property of the husband or wife. The assets a husband and wife produce during marriage are a logical consequence of marriage. The aim of this research is firstly to find out more about Islamic law regarding mediation in resolving marital property disputes. Secondly, I want to find out more about the positive legal review of mediation in resolving marital property disputes. This research was conducted using a Normative Juridical approach. The specifications of this research are descriptive analysis. The conclusion that can be obtained is that mediation in the distribution of joint property in Islamic law has no specific rules but only provides general guidelines for resolving joint property problems without causing disputes. Second, Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court makes mediation part of the court process. In court to obtain peaceful efforts through the mediation process as contained in the Procedural Law Article 130 HIR or Article 154 RBg.