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Journal articles on the topic 'Juridical Diet'
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1
Khairutdinov, A. G. "‘MA’IDA’: THE LITTLE-KNOWN THEOLOGICAL AND LEGAL TREATISE OF MUSA BIGEEV." Islam in the modern world 14, no. 4 (January 7, 2019): 125–30. http://dx.doi.org/10.22311/2074-1529-2018-14-4-125-130.
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The article is devoted to the description and introduction of the translation into Russian of one of the little-known theological and juridical works ‘Ma’ida’ (‘The Meal’) which was written by the prominent Tatar religious thinker Musa Jarullah Bigeev. The book published in 1914 is devoted to the identifi cation, analysis and solution of the Shari‘a problems in determining, what is permitted and what is forbidden in the Muslim diet. The work of the Tatar theologian is a good example of evolution of the Islamic fi qh and the actualization of Shari‘a in the conditions of Russian society on the eve of the great upheavals. It was written as a review on a number of social processes that took place in 1913–1914. In particular, the work is a response of Islamic traditional scientist to the legislative initiative of right-wing parties regarding the ritual slaughtering, submitted to the Duma in November 1913, which indicated a strong activity of M. Bigeev in the integration of the mechanisms of Islamic law in state institutions of the Russian Empire.
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Gilbert, Claire. "Morisco Catechisms: Religious Incorporation and Differentiation in Early Modern Spain." Religions 15, no. 4 (March 28, 2024): 420. http://dx.doi.org/10.3390/rel15040420.
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In the debate over the theory and practice of the Spanish empire at the beginning of the sixteenth century, political, religious, and legal discourses differentiated conquered peoples and recent converts to Christianity from so-called “old Christians”, thereby creating distinct categories of Spanish subjects. In Spain itself, cultural markers like language, dress, and diet became the foundations of fiscal and legal differences, while normative codes were promulgated and negotiated across a range of documents, e.g., legal instruments, civic and ecclesiastical records, university debates, and juridical theory. Concomitant with this process, a set of Christian catechisms was produced in Spain, both before and after the promulgation of Tridentine reforms, that were directed especially at the converted morisco populations in Granada and Valencia. These catechisms were produced in Iberian Arabic and Romance languages and included instructions about how new converts from Islam should behave, as well as what they should believe in order to participate in liturgical activities and to be recognized as full members of the Christian community. This article examines the morisco catechisms produced in Spain between 1496 and 1566, as these documents are representative of a unique period in both the history of Latin Christianity and the burgeoning Spanish empire. Through the emergence of this corpus and against the backdrop of targeted legislation and new policies aimed at Arabic-speaking moriscos, first in Granada and later in Valencia, the ideological foundations constraining the morisco experience were forged.
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Munir, Muhammad Ahmad. "Islamic Juridical Discourse on Death." Islamic Studies 57, no. 3-4 (December 31, 2018): 187–209. http://dx.doi.org/10.52541/isiri.v57i3-4.526.
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This paper engages with a highly sensitive issue of biomedical ethics where a patient—whose heart is still beating—may or may not be declared dead. To be more precise, the study outlines some of the controversies associated with the issue of brain death debated and argued by contemporary Muslim juridical scholars and medical scientists, with illustration of the legal and medical reasoning behind them. The study will explore the question of removing a patient from life support machines once scientifically declared brain dead by medical experts and practitioners. It is demonstrated that the discussion on brain death has evolved into plurality of opinions and hence the issues involved in it have been subject to disagreement, which lends flexibility to the Islamic jurisprudence and allows implementation of Islamic injunctions in the best interest of the person in question and his/her family. The discussion is directly related to the question, “when does legal personality end?” The end of legal personality entails determining—if the patient is a man—(a) should his wife be treated as a widow?; (b) should his wife undergo ‘iddah period and be allowed to marry another man?; (c) should his children be treated as orphans; (d) should his property/assets be divided among his heirs?; (e) while in such a condition (i.e., brain dead) should he inherit if a relative dies?; (f) can he be given any gift while in such a state? These are some of the legal questions this discussion will help answer them.
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Soniaji, Mohamad Zanuar, and Siti Rodhiyah Dwi Istinah. "Juridical Analysis of Heirs Negligence of a Notary in Submission of a Notary Protocol who Dies." Sultan Agung Notary Law Review 3, no. 4 (December 15, 2021): 1261. http://dx.doi.org/10.30659/sanlar.3.4.1261-1273.
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The author in this paper takes the title above because he wants to know about the negligence of the Notary's heirs in the delivery of the Notary's protocol that has died, how is the responsibility of the heirs in the submission of the Notary's protocol that has died and is there legal protection for the community if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol. This study uses a normative juridical approach and the data used are primary and secondary data obtained through interviews and literature study, data analysis is descriptive analytic. The responsibility of the heirs in the submission of the protocol of a notary who dies is to notify the notary's death to the Notary Supervisory Council (MPD) no later than 7 (seven) working days, and submit the protocol of the notary to another notary or the Regional Supervisory Council (MPD). The responsibility of the heirs is not related to the contents of the deed made by the notary, the responsibility for the deed of a notary who dies cannot be passed on to his heirs or to the notary who holds the notary protocol. Legal protection for the public if the Notary protocol has not been submitted to another Notary or the recipient of the Notary protocol, namely the Notary Protocol as a state archive if it is not immediately submitted to the competent authority, namely the Regional Supervisory Council or the Notary appointed as the Protocol Recipient exceeding the period determined by law, feared that it could be damaged, or even lost. Taking the Notary protocol that has not been handed over to the heirs is a form of legal protection to the community. The purpose of storing this Notary protocol is also a form of legal protection to the public. Notary protocol storage as a vital archive and must be stored and maintained properly as an anticipatory measure for conflicts by the parties in the future.
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Jamaludin, Ahmad. "Problems of Determining Suspect Against a Deceased Person In The Investigation Process." Journal of Law, Politic and Humanities 4, no. 4 (June 14, 2024): 810–19. https://doi.org/10.38035/jlph.v4i4.464.
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Bringing judicial proceedings against the body or memory of a deceased defendant was once possible, but this is no longer possible in today’s world, as criminal actions must be stopped even before a deceased complainant is named as a suspect. This research aims to examine the criminal justice system in Indonesia regulating the status of cases against the determination of a suspect in a person as a witness/reported person who has first died. The research method used in this study is normative juridical. According to the findings of the study, the current Criminal Procedure Code cannot provide an adequate answer regarding the validity of the determination of a suspect against a deceased person, because it only states that the investigation must be stopped if the suspect dies, which implies that the suspect should have been determined during the investigation process. Therefore, lawmakers should make rules regarding the mechanism for investigations when the reported or suspected guilty person dies. Because in fact, the death of a person as a reported person suspected of committing a criminal offense requires the termination of the criminal case because the legal subject who should be held accountable for the criminal offense has died.
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Hutagalung, Yuni Mifta Afida, Nurhimmi Falahiyati, and Akiruddin Ahmad. "Juridical Review of Replacement Certificates of Land Rights Due to Loss at the Medan City Land Office." Jurnal Smart Hukum (JSH) 2, no. 3 (May 5, 2024): 87–96. http://dx.doi.org/10.55299/jsh.v2i3.851.
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An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir.
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Ubay, Husein Tamara, Misbahul Huda, and Erwin Syahruddin. "ANALISIS YURIDIS TERHADAP GUGURNYA GUGATAN HARTA BERSAMA AKIBAT PENGGUGAT MENINGGAL DUNIA (STUDI KASUS PERKARA NOMOR 4256/PDT.G/2019/PA.BKS PENGADILAN AGAMA BEKASI)." PALAR | PAKUAN LAW REVIEW 8, no. 1 (February 22, 2022): 331–53. http://dx.doi.org/10.33751/palar.v8i1.4865.
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ABSTRAK Tujuan Penelitian ini ialah untuk mengetahui bahwa Dalam proses persidangan, tidak jarang menemui berbagai hambatan, salah satunya apabila salah satu pihak yang berperkara meninggal dunia. Mengenai penggugat meninggal dunia dan diputus gugur oleh Hakim, terdapat beberapa analisis yuridis yang bisa mengkoreksinya. Juga bagi ahli waris atau para ahli waris terdapat upaya hukum yang ditempuh apabila putusan dinyatakan gugur. Metode penelitian yang digunakan dalam penelitian ini adalah yuridis normatif, bersifat deskriptif dan berbentuk perspektif. Putusan gugur yang dijatuhkan oleh Hakim bertentangan dengan yurisprudensi Putusan Mahkamah Agung Reg. No. 5 K/Sip/1957. Berdasarkan yurisprudensi tersebut seharusnya Hakim memberikan kesempatan kepada ahli waris atau ahli waris untuk memilih antara meneruskan gugatan atau tidak meneruskan gugatan tersebut. Pertimbangan Hakim yang digunakan harus beralasan yang yuridis meskipun di dalam hukum positif Indonesia belum mengatur ketentuan dalam kondisi tersebut. Bagi ahli waris atau ahli waris yang mendapati putusan gugur, dapat mengajukan gugatan baru dengan didahului mendapatkan penetapan ahli waris melalui surat permohonan yang diajukan kepada Pengadilan Agama di wilayah pemohon. Kata Kunci : Putusan, Gugatan, Gugur, Penggugat, Meninggal. ABSTRACT The purpose of this study is to find out that in the trial process, it is not uncommon to encounter various obstacles, one of which is when one of the litigants dies. Regarding the plaintiff's death and was dismissed by the judge, there are several juridical analyzes that can correct it. Also for the heirs or heirs there are legal remedies taken if the decision is declared invalid. The research method used in this research is normative juridical, descriptive and in the form of perspective. The decision that was passed down by the judge contradicted the jurisprudence of the Decision of the Supreme Court Reg. No. 5 K/Sip/1957. Based on this jurisprudence, the judge should have given the heirs the opportunity to choose between continuing the lawsuit or not continuing the lawsuit. The judge's considerations used must have juridical reasons even though Indonesia's positive law has not regulated the provisions in these conditions. For heirs or heirs who find the verdict invalid, they can file a new lawsuit preceded by obtaining a determination of the heir through a letter of application submitted to the Religious Court in the applicant's territory. Keywords: Decision, Lawsuit, Dismissed, Plaintiff, Died.
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Wulansari, Esti Putri, Renny Supriyatni, and Hazar Kusmayanti. "CASE STUDY SURABAYA RELIGIOUS COURT JUDGEMENT ABOUT GRANDCHILDREN AS SUBSTITUTE HEIRS WHO CONTROL INHERITANCE JUDGING FROM ISLAMIC LAW." Jurnal Poros Hukum Padjadjaran 5, no. 1 (November 30, 2023): 20–34. http://dx.doi.org/10.23920/jphp.v5i1.1356.
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Inheritance is an important part of one legal event, namely death. The legal consequences that arise are the management and continuation of the rights and obligations of someone who has died. This paper examines the juridical aspect of inheritance distribution to grandchildren as substitute heirs who control the inheritance. The research method used is a normative juridical approach with analytical descriptive specifications. The purpose of this study is to determine the position of the substitute heir who controls the inheritance in obtaining a share of the inheritance. Grandchildren as substitute heirs according to Islamic Law are not entitled to control and obtain inheritance. However, in KHI, grandchildren as heirs have the right to inherit no more than the other heirs, which is only 1/3 of the share.
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Ridwan, Muhammad. "Penundaan Pembagian Warisan: Tradisi Menjaga Keharmonisan Keluarga Ditinjau Dari Sosiologi Hukum Islam Muhammad Artho' Mudzhar." Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 10, no. 1 (June 8, 2024): 72–85. http://dx.doi.org/10.24952/el-qanuniy.v10i1.10954.
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This study aims to examine the delay in the distribution of heritage assets to the people of Padangsidimpuan. Interestingly, some people in Padangsidimpuan City want to divide the inheritance when both heirs have died, all heirs have been married, and the most share (portion) for the oldest child. Therefore, there are often delays in the distribution of inheritance because they do not find agreement between families. This type of research is normative juridical legal research, while the data collection technique used is an interview with people who postpone the distribution of inheritance, namely the people of Padangsidimpuan. The results of this study show that the people of Padangsidimpuan City postponed the distribution of inheritance because they maintain the benefit of the family. This tradition has been valid for a long time, because the majority of the population adheres to the customary system (dalihan na tolu) which upholds the value of togetherness (ahwal). In addition, the fundamental reasons for delaying its implementation are that the heirs are not yet mature, no one has finished school, there is a biased assumption from the community when distributing inheritance (an heir dies) because they are considered greedy for inheritance.
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Handayani, Noor, and Akhmad Khisni. "Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation." Jurnal Akta 6, no. 4 (February 10, 2020): 763. http://dx.doi.org/10.30659/akta.v6i4.7578.
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The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.
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Cotter, Hayley. "“The Ship Dieth at Sea”: Metaphor and Maritime Law." Renaissance Quarterly 76, no. 4 (2023): 1431–65. http://dx.doi.org/10.1017/rqx.2023.544.
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This article proposes a new methodology for engaging with early modern legal metaphor. It argues that a full account of the trope must integrate its legal-historical, cultural, literary, and philosophical dimensions. After discussing what makes early modern legal metaphor unique (and thus uniquely challenging to decipher), I consider various philosophical, legal, cognitive, and literary approaches to the rhetorical figure and demonstrate how each perspective adds additional insight to its untangling in juridical contexts. The article culminates in a reading of a single metaphor taken from lawyer John Exton's treatise “The maritime dicæologie, or, the Sea-jurisdiction of England” (1664): “The ship dieth at sea.” Ultimately, I argue that this metaphor references admiralty actions in rem, which were integral to the functioning of the sixteenth- and seventeenth-century English High Court of Admiralty, an interpretation that emerges only when accounting for the trope in both its textual and intertextual frameworks.
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Triyana Hardi, Zakiyah, and Benny Djaja. "Juridical Analysis of the Division of Inheritance to the Heirs of Different Marriages (Decision Number 435/PDT/2018/PT MDN)." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 9 (September 25, 2023): 1052–60. http://dx.doi.org/10.57096/edunity.v2i8.152.
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In civil inheritance law, a principle applies, namely if someone dies (heir), then by law and immediately his rights and obligations are transferred to his heirs, as long as these rights and obligations are included in the field of property law or in other words rights and liabilities that can be valued in money. The civil inheritance law system has a characteristic that is different from other inheritance law systems, which requires that the heir's inheritance be divided as soon as possible among those who are entitled to the property. In the distribution of inheritance, the heir as the owner of the property has the absolute right to arrange what he wants for his property. This is a consequence of inheritance law as a regulatory law.
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Ningrum, Ika Yulia, and Setyawati Setyawati. "Juridical Review On Process Loading Liability Rights To Land That Has Not Registered In The District Of Semarang." Jurnal Akta 6, no. 3 (September 17, 2019): 525. http://dx.doi.org/10.30659/akta.v6i3.5178.
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This study aims to analyze the process of Encumbrances On land that has not been registered in the District of Semarang, Barriers which appeared in the Proceedings Encumbrances On Land Not Yet Enrolled in the District of Semarang and solutions to overcome barriers Appears In The Process Encumbrances On Land Not Yet registered in the District of Semarang.This study uses empirical juridical approach, the approach to reviewing the legislation relating to the issues to be discussed, and also conducted a field approach to obtain information as supporting material. Specifications of this research is descriptive analysis that describes the laws that apply associated with legal theories and practice of positive law concerning these issues.Based on the research results that the implementation of Encumbrances against certified land not yet in practice never done bank by making APHT directly against yangbelum certified lands. Bank in this case was limited to making SKMHT only. Obstacles that arise in the process of loading encumbrance on land that has not been registered in the District of Semarang is when the giver of mortgage has died, a typing error and the installation of the second rank security rights. The solution is under hand sales, writing and checking certificates rectification katas ha of new land.Keywords: Land Registry; Loading Liability Rights, Land That Has Not Registered
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Umam, Ijtihadul. "Tinjauan Hukum Islam terhadap Kewarisan Kelem pada Masyarakat Kecicang Islam." ISLAMITSCH FAMILIERECHT JOURNAL 2, no. 01 (July 14, 2021): 56–70. http://dx.doi.org/10.32923/ifj.v2i01.1814.
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Kelem hereditary is one of the customary laws in the matter of the inheritance rights of grandchildren which is the result of the agreement of former community leaders in Kecicang Islam Village, Bungaya Kangin Village, Bebandem District, Karangasem Regency, Bali Province. Kelem comes from the Balinese language which means drowned. In terms of hereditary, kewarisan kelem means a grandson whose father or mother (the heir) died before the grandfather or grandmother (the inheritor) is said to have drowned (blocked) from inheritance rights because it is hindered by the parents’ brothers who are still alive. This is in contrast to the hereditary law system in Indonesia in the form of Islamic Law Compilation article 185 paragraph 1, which explains that, the heir who dies before the inheritors can be replaced by his child. The research method used was field research. This research was a descriptive analytic with juridical normative approach. Data collection methods used include interviews and documentation. After the data was collected, it was analyzed in a descriptive qualitative way with the 'urf and the theory of substitute heirs. The results showed that kelem hereditary is one of the customary laws as the result of the agreement of former community leaders in Kecicang Islam. This contradicts both Sunni and Shi'ah hereditary law systems as well as the hereditary laws in Indonesia.
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Rustam, Riky, and Rumi Suwardiyati. "IMPLICATIONS FOR LOADING JURIDICAL LIABILITY RIGHTS UNDER POWER OF ATTORNEY MAKE HYPOTHEEK RIGHTS (SKMHT) PROCEDURAL DEFECTS." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 21, no. 1 (June 9, 2021): 93–104. http://dx.doi.org/10.19109/nurani.v21i1.8496.
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The credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary's death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party.
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Dirkareshza, Rianda, Nada Prima Dirkareshza, and Rosalia Dika Agustanti. "Assimilation Of Customs With Islamic Law In Minangkabau Customary Inheritance Law." Syiah Kuala Law Journal 6, no. 1 (April 20, 2022): 80–92. http://dx.doi.org/10.24815/sklj.v6i1.28305.
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It is generally known that the Minangkabau community adheres to a matrilineal family system, which means attracting bloodlines from the mother or woman. Departing from the matrilineal kinship system embraced by the Minangkabau indigenous peoples, causing some things that are harmonized in religion because if someone dies, then the most entitled to get the inheritance is ashãb al-furũd Deangan can be known that the amount of division between Islamic law and the customary law of the Minangkabau indigenous people is very contradictory. Research methods use normative juridical legal research methods, normative juridical law research research that uses the source of literature collected to be researched and analyzed and with this type of approach through legislation. The result is that the assimilation of minangkabau customs with Islam occurs gradually, called (tadriij) or effolusion peacefully, which at first reads ”RUMAH BASANDI BATU,ADAT BASANDI ALUA JO PATUIK” turned into“ADAT BASANDI SYARAK, SYARAK BASANDI KITABULLAH, AL QURAN” . Minangkabau knows several heirlooms, namely high heirlooms, low heirlooms, Sako-sako, and Hak ulayat. The high heirlooms of his heirs are family members of the maternal lineage while for low inheritance, passed down under Islamic inherited law.
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Rahman, Yofi Permana. "PENGATURAN PENYERAHAN PROTOKOL NOTARIS YANG TELAH MENINGGAL DUNIA DAN PRAKTEKNYA DI PROVINSI SUMATERA BARAT." JCH (Jurnal Cendekia Hukum) 5, no. 1 (September 30, 2019): 1. http://dx.doi.org/10.33760/jch.v5i1.120.
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The Notary Protocol is a collection of documents that is a state archive that must be stored and maintained by a Notary. Regarding the Notary protocol and its submission are regulated in article 63 UUJN and UUJN. If the Notary dies, the Notary protocol shall be submitted by the heir to the MPD or other Notary Public. The purpose of this writing is to analyze the provisions of the Law on the Submission of Notary Protocols who have died, their practices and the responsibilities of the heirs to the Notary Protocol and legal actions taken by the MPD for the Notary Protocol that have not been submitted. This research uses an empirical juridical approach method. Article 63 UUJN and UUJNP have been explained regarding the surrender of the notary protocol that has died, but in practice there is a discrepancy with the applicable regulations, this is due to the lack of education and socialization from the Notary himself to the heirs or his family. If the Notary Protocol is not immediately submitted to the Notary Recipient of the protocol, then the MPD as a Notary supervisory agency is authorized to take the notary protocol that has not been submitted and give it to the Notary recipient of the Notary protocol. In carrying out his position as the notary recipient of the protocol, of course there must be a legal basis in the form of a Decree from the Minister of Law and Human Rights regarding the appointment of a Notary Public receiving the Notary Protocol, but in practice there are still notaries who have not yet received the Decree, this is due to the inadequacy of the decision of the MPD by the Minister of Justice and Human Rights.
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Shalihah, Fatimah, and Muhammad Miftah Irfan. "Jasser Auda's Maqasid Sharia Application in the 'Iddah for Career Women." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 20, no. 1 (December 19, 2022): 12–26. http://dx.doi.org/10.32694/qst.v20i1.1270.
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This study is intended to examine the practice of iddah by women who are abandoned by their husbands in Besuki District, Situbondo Regency, East Java, from the perspective of Jasser Auda's maqashid sharia. They continued to go out of their homes to work when sharia required them to observe the iddah for four months and ten days in the form of not traveling from home after their husbands died. However, it was precisely because of the reason for the death of the husband that the widows left home to work and earn income to support their children. This type of research is juridical-empirical. Primary data sources were obtained by interviewing religious leaders, residents, and widows whose husbands died. By using Jasser Auda's maqashid sharia theory, this study concludes that women who are undergoing the iddah of the death of their husbands are forbidden to marry, but they are still allowed to work outside the home to provide for their lives and provide for their children.
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Oktaviarni, Firya. "Perlindungan Hukum Terhadap Wisatawan Menurut Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan." Wajah Hukum 2, no. 2 (November 1, 2018): 138. http://dx.doi.org/10.33087/wjh.v2i2.34.
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Tourism is the country's foreign exchange contributing sector, so tourism is needed. However, there are some cases that occur at tourist attractions such as a tourist being a sinking victim, a tourist dies at a tourist location and a tourist becomes a victim of the price of admission at tourist sites. For this reason, legal protection is needed for tourists so that losses suffered are not always given to tourists. The research objective is to find out the legal protection of tourists according to Law Number 10 of 2009 concerning Tourism. The method used is normative juridical research, legal material in the form of primary and secondary legal materials, research collected with literature study and qualitative normative analysis techniques
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Simbolon, Roslina. "Perlidungan Hukum Terhadap Wisatawan di Provinsi Banten Menurut Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan." Prosiding Seminar Nasional Komunikasi, Administrasi Negara dan Hukum 1, no. 1 (June 10, 2023): 221–26. http://dx.doi.org/10.30656/senaskah.v1i1.55.
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Tourism is the country's foreign exchange contributing sector, so tourism is needed. However, there are some cases that occur at tourist attractions such as a tourist being a sinking victim, a tourist dies at a tourist location and a tourist becomes a victim of the price of admission at tourist sites. For this reason, legal protection is needed for tourists so that losses suffered are not always given to tourists. The research objective is to find out the legal protection of tourists according to Law Number 10 of 2009 concerning Tourism. The method used is normative juridical research, legal material in the form of primary, research collected with literature study and qualitative normative analysis techniques.
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Rohman, Moh Mujibur. "Dinamika Kewarisan Islam." ASASI: Journal of Islamic Family Law 4, no. 1 (October 15, 2023): 54–71. http://dx.doi.org/10.36420/asasi.v4i1.430.
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Inheritance is the assets left behind by someone who dies and has taken care of maintenance costs, paid off debts, and executed a will. Inheritance law has a very important position in Islam. The distribution of inheritance in Islam is something that must be resolved. Because, it is a gift from someone who has died. Distribution of inheritance according to Islamic law is declared to exist if the conditions for inheritance have been fulfilled by both the heir and the heirs. Among the conditions for dividing inheritance, namely, the death of the muwarits, the life of the heirs, and no obstacles to inheritance. However, problems arise if the distribution of inheritance does not fulfill one of the conditions for both the heir and the heirs themselves. As in certain cases, for example cases of mafqud (missing person), khuntsa' (sissy), and simultaneous death. So this research aims to find out how to resolve inheritance distribution where the conditions for inheritance distribution are not met. So to answer this question, the author uses a library research approach, namely research by searching for documents or literature based on books, journals, theses and others. The writing method uses normative juridical in its presentation. The results of this article show that the division of inheritance in certain cases can be resolved by knowing the legal status first to determine the size of the share that will be received by the heirs. The most important role in determining this legal status is the ijtihad of the judges.
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Noviya, Anis. "Cancellation of Wills in Civil Inheritance Law: Conditionsand Legal Effects." Leges Privatae 1, no. 3 (October 31, 2024): 19–23. http://dx.doi.org/10.62872/bq4e0996.
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This study aims to analyze the conditions and legal consequences of the cancellation of wills in civil inheritance law. In inheritance law, a will is an instrument that gives the heirs the freedom to determine the division of wealth as they wish. However, the cancellation of a will often occurs due to changes in the condition or wishes of the heir before he dies. This study uses normative juridical methods, with an approach to laws and regulations and literature studies to examine juridical aspects related to the cancellation of wills, conditions that must be met, and legal implications for heirs. The results of the study show that the annulment of a valid will must meet certain formal requirements, such as being carried out by heirs who have legal capacity and are in good mental health. Cancellation that is not in accordance with the procedure can result in legal uncertainty and disputes among the heirs, as a will that was previously considered invalid can be considered valid again. The legal consequences of this annulment of a will include changes in the distribution of inherited property, which can be done under general inheritance law if there is no new valid will. This study highlights the importance of procedural clarity and legal education so that heirs and heirs understand the impact of the act of annulment.
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Husen, Muhammad Nazim, and Said Rizal. "Analisis Implikasi Permasalahan Wanprestasi dalam Kredit Perbankan (Studi Kasus Putusan MAHKAMAH AGUNG Nomor: 2337 K / PDT / 2009)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 120–24. http://dx.doi.org/10.34007/jehss.v3i1.210.
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In this case the customer (debtor) requires a certain amount of money for the business capital, as a guarantee his debtor submit his certificate letter as collateral to the creditors which in this case is PT. BANK SYARIAH MANDIRI DENPASAR is a Bank financial institution that one of its business activities is to give credit to the community. This journal aims to know that the Bank Mandiri Denpasar has done the agreement to debtors, the method used in this writing normative juridical research is a study conducted or shown in the written rules or other legal materials. The results showed that the creditors admitted that there was an agreement with the debtor that was loaded in Akad al-Murabahah. The contract is stated if the debtor dies then all debtor's debts will be paid by full life insurance, and the debtor dies, but the creditor will only pay the life insurance for 12 (twelve) months, because the debtor has to do the payment rider for 6 (six) months and the next month the borrower dies, the result of remaining installment from the original tenor 84 (eighty four) months which is paid 12 (twelve months) by the debtor must be re- has been reagreed by the beneficiaries of the debtor.
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Indahwati, Ni Made, and I. Dewa Ayu Dwi Mayasari. "Penyelesaian Pembebanan Hak Tanggungan Atas Tanah Yang Belum Bersertifikat." Acta Comitas 6, no. 03 (December 22, 2021): 707. http://dx.doi.org/10.24843/ac.2021.v06.i03.p18.
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Abstract
This article to analyze the imposition of land mortgages that do not yet have a certificate and solutions if the givere mortgage on land that does not have the certificate has died and there is an heir while the credit has not paid off. The method in this writing is using the method of normative juridical law. This study also uses an assessment of existing library materials such as rules and legislation, related literature. It can be concluded that uncertified land can be charged with Mortgage as long as the application for credit is carried out simultaneously with the registration of the transfer of land rights to the BPN and if the debtor dies before the repayment period ends, the debt on the credit can be transferred to the heirs of the debtor.
Abstrak
Artikel ini bertujuan menganalisis mengenai Pembebanan dari hak tanggungan yang belum memiliki sertifikat serta solusi jika pemberi dari Hak Tanggungan berupa tanah yang tidak memiliki sertifikat tersebut sudah meninggal dunia serta adanya pewaris sementara kredit belum lunas terbayarkan. Metode dalam penulisan ini yaitu menggunakan metode hukum yuridis normative. Penelitian ini juga menggunakan pengkajian bahan pustaka yang ada seperti aturan serta perundang-undangan, literatur yang mempunyai kaitan. Dapat disimpulkan bahwa tanah yang belum bersertifikat dapat dibebankan Hak Tanggungan sepanjang pengajuan kredit dilakukan secara bersamaan dengan pendaftaran peralihan ha katas tanah ke BPN dan Apabila debitur meninggal dunia sebelum jangka waktu pelunasan berakhir, maka utang atas kredit tersebut dapat dialihkan kepada ahli waris dari debitur.
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Seregig, I. Ketut. "The Application of Article 359 of the Criminal Code In the Investigation of the Death of Post-Operative Patients (Juridical Analysis: Case of the Death of Three Patients in the MHP Hospital, Lampung)." Sriwijaya Law Review 1, no. 2 (July 31, 2017): 142. http://dx.doi.org/10.28946/slrev.vol1.iss2.39.pp142-156.
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The incident of the death of three post-operative patients in a line at the MHP hospital, Lampung on April 5, 2016 had emerged the decline of public confidence toward hospitals, both public and private hospitals. The symptoms in the patients’ body before they died were convulsed and decreased consciousness. Based on dr. AA, Sp.An., if post-operative impact occurs, then a person who takes responsibility is an anesthesiologist. This means that responsible for the death of these patients was the doctor who performed anesthesia before the operation. All three patients, who died after operation in MHP Hospital, respectively, were Mr. RM suffered from varicose; Mr. S the patient with a tumor in the left leg calf; and Mrs. DP who performed a caesarean section. These patients underwent a convulsion and decreased consciousness after operation, although the anesthesiologist had tried to save their life. Yet, these patients died. During the operation, the doctor had operated with the use of Standard Operating Procedures. Based on the information from the Chairman of IDI and the Chairman of MKEK, they said that dr. EP, Sp. An. As the anesthesiologist had done the right procedures in doing anesthetic injection to these patients. During the investigation process conducted by the Regional Police of Lampung, toward dr. EP, Sp. An., he was presupposed in violation of Article 359 of the KUHP which stated "whoever due to his negligence has caused another person's death, will be sentenced with a maximum imprisonment of five years." In a juridical study over Article 359 of the Criminal Code committed by the writer in the cases described above, it can be concluded that the element of "negligence" as the main requirements of this article “is not fulfilled”. Thus, this article applied in this case does not meet the main requirement of criminal elements which is presupposed, and the investigation process is terminated.
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Jesica and Tjempaka. "Juridical Review of Wills That Do Not Meet Portie Legitieme in Civil Inheritance Law (Study of High Court Ruling Number 86/PDT/2017/PT PAL)." Journal of Law, Politic and Humanities 5, no. 1 (November 17, 2024): 324–30. https://doi.org/10.38035/jlph.v5i1.842.
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The purpose of this research was to find out how the law views whether a will is valid or not which reduces the share of the inheritance (legitieme portie) of the rightful heirs and to find out the judge's considerations in determining the distribution of inheritance in the Palu High Court decision number 86/PDT/2017/ PT PAL. This research uses a normative-empirical juridical research method with a statutory approach, uses secondary data types with data collection techniques, namely interviews, document studies, and case studies, and uses legal analysis data collection techniques. A person can obtain his inheritance through 2 (two) ways according to civil inheritance law, namely according to the provisions of the law and a will. A will is a statement about what is desired to happen after the person dies and can be revoked by it. If during their lifetime the testator has made a will, then before calculating their respective inheritance shares, they must also pay attention to the existence of the legitimate portie or absolute share of the heir.
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Alfarizi, Mohammad Hanaan, Kirthie Rubini Morgan, and Manuel Campos Lago. "Human Rights Abused in Qatar: FIFA Puts World Cup More Than Lives?" Jurnal Penegakan Hukum dan Keadilan 4, no. 2 (September 30, 2023): 27–37. http://dx.doi.org/10.18196/jphk.v4i2.17949.
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FIFA World Cup Largest Event, held in Qatar in 2022, is considered to have violated the human rights of many migrant workers, most of whom come from South Asia. As many as 6500 workers died because of the lack of security and supplies for workers. The Kafala Sponsorship System is also considered a source of problems. This research aims to determine who should be responsible for this case and what should be done. The research method used was normative juridical using various secondary sources such as books, journals and legislation. FIFA and Qatar are the ones who should be held responsible for this case because they pay little attention to the condition of migrant workers. In this case, FIFA and Qatar must immediately carry out investigative efforts and preventative measures.
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Affiani, Rifrinda Nur, and Suyatna. "Pertimbangan Hakim dalam Menentukan Kematian Korban dalam Tindak Pidana Pembunuhan (Studi Kasus Putusan Nomor: 26/Pid.B/2014/Pn.Atb)." Indonesian Journal of Law and Justice 1, no. 3 (January 3, 2024): 8. http://dx.doi.org/10.47134/ijlj.v1i3.2070.
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People who commit legal errors and cause the consequences of these legal actions must be able to take responsibility for the consequences of their actions. Murder is the act of taking another person's life intentionally and the aim is to take someone's life, while the crime of assault is a crime whose target is the human body. The aim of this research is to find out how the judge views the death of the victim in the crime of murder. This research uses normative juridical methods, meaning library research that uses library legal material sources using a legal approach and a case approach. In this case the researcher does not agree with the judge's decision because according to the researcher what is meant by the crime of murder is the victim who should have died when the incident occurred, but at that time the victim also died. did not die immediately, therefore the appropriate charge is for committing a criminal act of serious abuse which resulted in death. The results of the research discussion can be concluded that the judge's consideration in handing down and determining the death of the victim was incorrect.
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Hamid, Irfan Abdul, M. Adli, and Ilyas Yunus. "The Existance of a Mandatory Will for Adopted Children in Fiqh and Islamic Compilation Law." Syiah Kuala Law Journal 5, no. 3 (December 31, 2021): 293–304. http://dx.doi.org/10.24815/sklj.v5i3.24177.
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This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies
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Hanif, Ghatfhan. "Professionalism of Investigators When Determining the Status Of Suspected Victims Who Died in Traffic Accidents." Asian Journal of Engineering, Social and Health 2, no. 8 (August 25, 2023): 670–85. http://dx.doi.org/10.46799/ajesh.v2i8.97.
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This paper aims to analyze the legal certainty of the investigation and investigation process that is in harmony with both material and formal regulations in the context of traffic accidents. This paper provides awareness of the importance of legal harmony in paradigms, norms, understandings, and redactions or word terms in order to produce legal certainty and legal renewal in the content of laws and regulations. The research method uses juridical normative research methods with primary and secondary sources through descriptive analytical literature studies with statutory approaches and conceptual approaches since and data analysis techniques using descriptive analytical. The results of the study concluded that the importance of compatibility and harmony of paradigms, norms, understanding, redaction or word terms in each appropriate regulation, so that it must be clearly interpreted and accompanied by additional updates regarding the legal position in handling traffic accidents or other relevant events. The addition of the norm is, for example, there is no evidence, there is not enough evidence, or he is a victim, then he must use the legal position as "Whistleblower/reporter, Victim (if victim), or Deceased Person (If deceased)."
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Kusumawati, Mustika Prabaningrum, Ahmad Khairun Hamrany, and Ari Nur Rahman. "Kedudukan Harta Waris dalam Kaitannya dengan Program Pengungkapan Sukarela dalam Perpajakan." Jurnal Hukum Ius Quia Iustum 30, no. 3 (September 1, 2023): 650–72. http://dx.doi.org/10.20885/iustum.vol30.iss3.art9.
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The government issued a policy of Voluntary Disclosure Program bearing a final tax rate which is later known as PAS FINAL to avoid the imposition of 200% administrative sanctions if discovered by auditors. However, socialization is not carried out sustainably and optimally. The government optimizes fiscal revenues through the Voluntary Disclosure Program (PPS) through Law Number 7 of 2021 and PMK No.196/PMK.03/2021. The formulation of the problem is how are taxpayers in various regions interested to participate in the Voluntary Disclosure Program (PPS) and what is the juridical review of undivided and divided inheritance owned by taxpayers in the Voluntary Disclosure Program (PPS)? According to the author, the level of interest to participate in PPS is still low, because there are still many taxpayers who have never heard of and do not understand about the said PPS. This condition is underscored by the high number of taxpayers who choose not to take part in PPS even though they know and understand PPS. Apart from that, there are a high number of taxpayers who do not understand the tax treatment of inherited assets in the PPS program. Taxpayers' high level of misunderstanding of the tax treatment of inherited assets can reduce their interest in participating in PPS. From a juridical aspect, inherited assets that should be included in PPS are those that have the status of inherited assets that have not been divided but generate income. With the transfer of tax obligations to the heirs after the heir dies, the Taxpayer's heirs should be the ones to take part in the voluntary disclosure program for income originating from undivided inheritance.
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Mussad, Saini, Jenny Kristiana Matuankotta, and Barzah Latupono. "Hak Ahli Waris Keturunan Raja Dalam Persekutuan Ratschaap Yarbadang." TATOHI: Jurnal Ilmu Hukum 2, no. 7 (September 19, 2022): 687. https://doi.org/10.47268/tatohi.v2i7.1130.
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Introduction: Inheritance law is a legal regulation that regulates inheritance due to death, the formulation of silent words until someone dies and causes inheritance problems, the death of this person is a legal event. Each Ratschaap belongs to one of the three major alliances, namely Ur siu (clump of nine), Loor lim (clump of five) and Loor labia (clump of intermediate) it is recorded that ten Ratschaap are members of Ur siu, the next ten Ratschaap are joined in Loor lim and the remaining two Ratschaap belonging to the Loor labia.Purposes of the Research: The purpose of this study is to examine the normative juridical regarding the rights of the heirs of the king's descendants in the Ratschaap Yarbadang Alliance in Southeast Maluku with theories and facts that occur in the social community of Southeast Maluku.Methods of the Research: In this legal research, the author uses empirical juridical research where this study uses a sociological research problem approach using original data using an empirical approach to knowledge based on facts from research results and observations according to this legal research.Results of the Research: The results of this study indicate, Article 18b paragraph (2), the 1945 Constitution of the Republic of Indonesia and the Village Law Number 06 of 2014 as well as the Southeast Maluku Regency Government Regulation Number 04 of 2009 concerning Procedures for Nomination, Election and Inauguration of Heads. The government of Ohoi/Ohoi Rat, has regulated and given rights to the entire community of Southeast Maluku in exercising their customary and cultural rights, as well as parties who are not responsible for ancestral customs.
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Baharuddin, Muhammad, and Akhmad Khisni. "Effectiveness of Pleidooi by The Supreme Of Criminal Murder." Law Development Journal 2, no. 2 (October 8, 2020): 207. http://dx.doi.org/10.30659/ldj.2.2.207-215.
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The purpose of this study is to study and analyze the effectiveness of the pleaqs submitted by the accused as the perpetrator of the crime of murder in the trial process. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of the research which concluded that in the analysis of the trial process of the verdict in the murder case with the perpetrator Hamim in accordance with the series of decisions Number: 73 / PID.B / 2015 / PN.Kds, the Judge gave a heavier verdict than the prosecutor's demands by using 2 (Article), each of which causes a different victim, namely the victim who died and was seriously injured in Article 338 of the Criminal Code and Article 351 paragraph (1) of the Criminal Code.
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Safitri, Nanda Melinia, Budi Santoso, and R. Imam Rahmat Syafi'i. "Legal Implications on the Status of Individual Companies of Shares Inheritable to Foreign Heirs." International Journal of Business, Law, and Education 5, no. 2 (August 2, 2024): 2026–35. http://dx.doi.org/10.56442/ijble.v5i2.780.
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If a shareholder of an individual company who dies in a mixed marriage, then their shares will transfer to foreign entities. This situation can cause confusion regarding the company's status. Therefore, this research will examine and analyze the legal consequences that inheriting shares from foreign heirs can have on the company's status. This writing uses a type of normative juridical research supported by an argumentum per analogy approach. The results of the research show that the legal consequences of inheriting shares from foreign heirs is that the obligation to change the company’s status to a capital partnership company by changing the list of shareholders and adding capital to the company. If the heirs do not wish this change, they can transfer their shares either by gift, exchange, or selling. Can also make a deed of transfer of inheritance rights to the shares to one heir who is an Indonesian citizen.
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Tinambunan, Hezron Sabar Rotua, Elisabeth Septin Puspoayu, and Eliza Tiurmaida. "Reviewing the Medical Record Confidentiality of Covid-19 Patient." Jurnal Dinamika Hukum 21, no. 1 (December 1, 2021): 33. http://dx.doi.org/10.20884/1.jdh.2021.21.1.2863.
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The Government has done several efforts in order to handling the Covid-19 virus, such as through an appeal to maintain personal hygiene, keep a safe distance, and do not come in direct contact with others. The spread of this appeal was carried out on various platforms, ranging from advertisements on television nor social media. The coverage through the media includes which areas have been exposed by Covid-19, the number of people who have been considered infected, recovered, and the number of people who have died from the virus. Oftentimes, the news is followed by the dissemination of the peoples identity, on the grounds that the public should be more careful, whereas the patient’s identity is strictly protected based on the patient’s right to privacy or medical confidentiality. This writing uses a normative juridical research method. The issues raised were related to the privacy rights and medical confidentiality in the handling of Covid-19. Article 51 of Law No. 29/2004 concerning Medical Practice stated that a doctor is obliged to keep all the information about the patient, even after the patient died. This uphold the fact that a medical confidentiality are closely related to human rights.Keywords: Covid-19; Medical confidentiality; Patient
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Melina, Dian. "Role of Land Asset Officers on The Installation of Certificate Liability Rights Who Died." Jurnal Akta 7, no. 4 (December 25, 2020): 359. http://dx.doi.org/10.30659/akta.v7i4.12890.
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Mortgage is a security right that is imposed on land rights as referred to in Act No. 5 of 1960 concerning Basic Agrarian Principles, along with other objects which are an integral part of the land, for the settlement of certain debts, which provide positions that give priority to certain creditors over other creditors. There are still those who use the name of a certificate of ownership right who has passed away for the installation of mortgage. The purpose of this research is to find out the role of land deed maker officials in the installation of mortgages with the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Inheritance Based on Justice. Problems is the process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by the process of Inheritance to Justice-based Inheritance. This study uses a normative juridical approach, in data collection it is more emphasized on the decomposition and interpretation of data related to legal principles. The results are; The Role of Land Deed Making Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice.
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Tarigan, Muhammad Insan, and Raisha Hafandi. "Equal Access to the Vaccination of Covid-19 in Southeast Asia: Can ASEAN be a Catalyst?" Hasanuddin Law Review 7, no. 2 (July 12, 2021): 119. http://dx.doi.org/10.20956/halrev.v7i2.2875.
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Since the time Covid-19 was discovered in Southeast Asia, around 2.5 million people have been infected and more than 54 thousand have died by early March 2021. Even though ASEAN members have followed most of the WHO recommendations to deal with Covid-19, cases are still liable to increase. Therefore, vaccine utilization is the best chance which people believe in to fight the pandemic for now. However, the vaccine’s availability and distribution are a dilemma for the ASEAN member countries. Therefore, this article aims to determine the possibility of ASEAN’s role in creating equal access to the Covid-19 vaccine for everyone. According to the juridical normative research, ASEAN is committed to protect and promote human rights and to realize the Sustainable Development Goals (SDGs). On that basis, the organization tends to play an important role in Covid-19 vaccination in Southeast Asia by cooperating with its partners to research and create the required vaccine.
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Yanto, Andri, Faidatul Hikmah, and Nabil Abduh Aqil. "REOPTIMALISASI PERLINDUNGAN HUKUM SAKSI PELAPOR (WHISTEBLOWER) DALAM TINDAK PIDANA KORUPSI." Recht Studiosum Law Review 2, no. 1 (May 31, 2023): 1–8. http://dx.doi.org/10.32734/rslr.v2i2.11278.
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The protection of whistleblower witnesses (whisteblower) in handling corruption crimes is still an unresolved problem to date. Referring to the LPSK report, there was a rapid increase in the number of complaints in 2021, with the number of corruption also increasing and requiring immediate resolution. Amid the complexity of these demands, both the LPSK and the KPK have not been able to effectively provide guaranteed protection for witnesses reporting corruption crimes. As a result, there are still many cases that cause victims, whether whistleblower witnesses who died, were criminalized, or received threats and intimidation. In fact, in criminal procedural law in Indonesia, witness statements are part of valid evidence. For this reason, the government needs to increase efforts to protect whistleblower witnesses as mandated in Law No.13 of 2006 concerning Witness and Victim Protection. This research uses juridical-normative methods, and seeks to present solutions in policy making to optimize efforts to protect witnesses reporting corruption crimes in Indonesia.
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Gunawan, Arifin Faqih, and Yang Meliana. "Reoptimalisasi Perlindungan Hukum Saksi Pelapor (Whisteblower) Dalam Tindak Pidana Korupsi." Viva Themis Jurnal Ilmu Hukum 6, no. 1 (January 29, 2024): 69–82. http://dx.doi.org/10.24967/vt.v6i1.2767.
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The protection of whistleblower witnesses (whistleblower) in handling corruption crimes is still an unresolved problem to date. Referring to the LPSK report, there was a rapid increase in the number of complaints in 2021, with the number of corruptions also increasing and requiring immediate resolution. Amid the complexity of these demands, both the LPSK and the KPK have not been able to effectively provide guaranteed protection for witnesses reporting corruption crimes. As a result, there are still many cases that cause victims, whether whistleblower witnesses who died, were criminalized, or received threats and intimidation. In fact, in criminal procedural law in Indonesia, witness statements are part of valid evidence. For this reason, the government needs to increase efforts to protect whistleblower witnesses as mandated in Law No.13 of 2006 concerning Witness and Victim Protection. This research uses juridical-normative methods, and seeks to present solutions in policy making to optimize efforts to protect witnesses reporting corruption crimes in Indonesia.
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Gunawan, Yusuf. "Kekerasan dalam Rumah Tangga: Konsekuensi Hukum dan Perlindungan Korban." Jurnal Ilmiah Universitas Batanghari Jambi 23, no. 2 (July 26, 2023): 1615. http://dx.doi.org/10.33087/jiubj.v23i2.3596.
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Recently, TV stations and social media were enlivened by news about domestic violence (KDRT) committed by artist FI against his wife who is also an artist named VM in a hotel in East Java. Previously, domestic violence among fellow LK artists was also horrified who experienced violence perpetrated by RB and this case ended with recovery and revocation of the police report. On social media, the viral video of domestic violence experienced by a child from his father, a businessman named RIS, has been determined as an allegation of a report from his wife after the examination and case title. Domestic violence against children which shocked the Indonesian public occurred in 1984 which was experienced by 7-year-old AH who died after being abused by his own biological father and mother. The South Jakarta District Court found Saya guilty and was sentenced to 5 years in prison while his wife S was sentenced to 3 years in prison. This research method uses a type of normative legal research that is carried out or focuses on positive legal norms in the form of laws and regulations with an empirical juridical approach by reviewing normative or juridical concepts regarding the implementation of legal protection for victims of domestic violence (KDRT) who are victims of crime. The conclusion of this study is that the reasons for the occurrence of acts of physical violence within the household (KDRT) by husbands against wives and/or children: infidelity factors, economic factors, psychological factors and the nature of the husband, educational factors, third party factors (family) and legal consequences due to acts of physical violence within the household (KDRT) by husbands against wives and/or children can be carried out through non-litigation through P2TP2A and Komnas Perempuan while handling litigation through police reporting.
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Ciucă, Valerius M. "Judecătorul și fabulistul orheian Alecu Donici, precursor al etnologiei juridice românești." Studia Universitatis Babeş-Bolyai Iurisprudentia 65, no. 4 (March 16, 2021): 212–45. http://dx.doi.org/10.24193/subbiur.65(2020).4.5.
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"Paul Valéry said about fables as follows: “Little by little those who loved or liked it, those who were able to understand it disappear. Those who demanded it, those who broke it, those who bantered it died too ... Soon, an instrument of pleasure and emotion will become a school accessory; what used to constitute the truth, what used to constitute the beauty turns into a means of constraint or into an object that arouses curiosity, but a curiosity which forces itself to be curious."" (""Oraison funèbre d´une fable"", in Variétés, apud Sanda Radian, Măștile fabulei. Etape de evoluție în literatura română (The Fable Masks. Stages of Evolution in Romanian Literature), Minerva Publishing House, Bucharest, 1983, p. 5) In a recent conference, held in Suceava[1], I expressed some regrets in relation to the absence of scientific concerns in the vast and important field of legal ethnography and ethnology in Romania, as follows: ""Legal ethnography and ethnology are not obviously, in particular, delimited in Simeon Florea Marian's grandiose work. General science was in the course of being established; it was not the time for particularistic developments. It was late when by means of another pioneering work, that of the Romanian scholar and anthropologist Romulus Vulcănescu, some issues of concern for our jurists, for law sociologists and anthropologists started to be reflected in the Romanian legal culture. Very few. Even the great ethnologist Petru Ursache acknowledged that the domain was deficient, in his very impressive creation of ethnosophy"". ⁂ As for the fable, apparently a minor literary genre, so much lamented, as we have seen above, by Paul Valéry, as an object of historical contemplation only, the intersection of the legal culture with the sapiential, moral and literary spirit of the people increases considerably; so much that it becomes a valuable scientific landmark in the emergent legal ethnology twinned with legal sociology, with legal anthropology and with legal folklore[2]. In the most serious way, even if, isn’t it true, with hilarious and caricaturizing weapons, with a playful and clever spirit, the fable decrypts a people's propensity for truth and justice or, conversely, for gregarious fatalism in relation to the vices that corrupt the nation psychologically and morally. Its role is didactic. The young jurists would become scientifically and culturally ennobled if they took over the case law, the ""cases"", from the fables ... Or if, their masters guided them towards associating the case law with the comic and fabulising spirit of the wise judge ... [1] Pagini de etnografie juridico-morală în opera fondatoare a bucovineanului polimat Simeon Florea Marian, cronicar al sufletelor românești în pragul Marii Uniri. Remarcabila lui contribuție la înfăptuirea milenarului ideal (Pages of legal-moral ethnography in the founding work of the polymath from Bucovina Simeon Florea Marian, chronicler of Romanian souls on the verge of the Great Union. His remarkable contribution to the achievement of the ideal millennial), conference held during the Scientific Session ""The contribution of the lawyers from Bucovina to the accomplishment of the Great Union"", November 28, 2018, ""Stefan cel Mare"" University from Suceava & Suceava Bar Association. The text of the conference was delivered for publication in ""Analale Muzeului Memorial Simion Florea Marian” from Suceava, under the guidance of Mrs. Aura Brădățan, 2019. [2] Romulus Vulcănescu, Etnologie juridică (Legal Ethnology), Editura Academiei, Bucharest, 1970, p. 9 : ""The following subjects deal with the study of the legal aspects of primitive and popular civilization and culture as constitutive parts of the conception about existence and the world and of the ways of normative organization of life, partially and with unequal theoretical resources: ""legal geography"", ""legal anthropology"", ""legal sociology"" and ""legal ethnology"". """
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Irawan, Vendra. "ANALISIS YURIDIS TERHADAP MENINGGALNYA MUDHARIB DALAM AKAD PEMBIAYAAN MUDHARABAH PADA PERBANKAN SYARIAH." El Dinar 7, no. 2 (October 17, 2019): 87. http://dx.doi.org/10.18860/ed.v7i2.6263.
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<p><strong><em>Abstract</em></strong></p><p><em><em>The purpose of this research is to examine the legal consequences of the death the capital manager (mudharib) in the mudharabah financing contract. The type of research used is normative juridical with a statute approach and a conceptual approach. The sources of legal material in this study are from primary legal material and secondary legal material. The results of the analysis of this study are that when the capital manager dies in the mudharabah financing contract in Islamic banking, the agreement made between the capital owner and the capital manager ends automatically. The point is that the legal relationship between the capital owner and the capital manager has been broken up since then and has also resulted in the breaking up of rights and obligations among the parties that made the agreement. While all forms of risk in the mudharabah contract are borne by the owner of the capital, unless the capital manager is proven to have made a deliberate mistake, negligent or violated the agreement. Since the capital manager has died in the mudharabah financing contract, the capital owner may not sue his familys to pay the remaining payment from the financing because mudharabah is not a debt agreement. To restore the capital, the owner of the capital that has not been paid by the deceased capital manager is to sell his capital management business, or if the business is still running, the familys may continue the business of the deceased capital manager with the agreement of the capital owner.</em></em></p><p><strong><em></em></strong><em><em><br /></em></em><strong></strong></p>
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Wibisono, Gunawan, and Ngadino Ngadino. "Responsibility of Regional Notary Supervisory Council for Protocol Transfer of Died Notary." Sultan Agung Notary Law Review 2, no. 2 (October 7, 2020): 150. http://dx.doi.org/10.30659/sanlar.2.2.150-159.
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The purpose of this study was to analyze: 1) The role of the Regional Supervisory Council on the responsibility of the Notary Public Protocol who has passed away in Jepara Regency. 2). The liability of the heirs to the protocol of the deceased notary public. The approach method to discuss this research is juridical empirical. This type of research is classified as a descriptive analytical research. Data collection was obtained from primary data and secondary data, by means of interviews and literature study. The data analysis technique is qualitative data analysis. The research results are: 1). The role of the Regional Supervisory Council for the responsibility of the Notary Public Protocol who has passed away in Jepara Regency, namely the MPD of the Jepara Regency working area as the supervisory council has played an active role in providing guidance and supervision to Notaries. MPD's firmness, especially regarding the Notary protocol that must be applied, so that when a Notary dies, such as the case of notary Muhammad Chaidzar, SH. M.Kn, and the protocol has been submitted to another notary appointed by the MPD. Legal aspects related to the accountability of the heirs of a capable Notary by immediately submitting the Notary protocol to another Notary who is appointed by MPD as the Notary holding the protocol. 2). The obligation of the heirs to the protocol of the deceased Notary is that the State archives in the form of documents that have been made by the notary must be kept, by submitting the Notary protocol through the MPD because of its authority. The responsibility of a notary public for a notary protocol that has not been submitted to another notary in this case can be categorized as an act of legal competence. Actions proficient in law here are defined as the implementation of the heir's responsibility in carrying out or submitting the protocol of the deceased.
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Sejati, Hono. "TOWARDS HARMONIZATION FROM DISPUTE RELATIONSHIP BETWEEN WORKERS AND ENTERPRISES THROUGH CASE INSPECTIONS IN THE FAST INDUSTRIAL RELATIONSHIP, FAIR AND CHEAP." UNTAG Law Review 2, no. 1 (May 30, 2018): 54. http://dx.doi.org/10.36356/ulrev.v2i1.721.
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The problems studied in this research are (1) Why is the examination of PHI case not yet fast, fair and cheap? (2) What are the obstacles in the examination of cases in the IRC that have not been fast, fair and cheap? (3) How is the examination of the case in PHI based on the value of fast, fair and cheap? The research method used sociological juridical approach. Technique of collecting data by interview, observation, and documentation. The results of the study concluded (1) The examination of the case in the IRC has not been fast, fair and cheap due mainly to differences in perception of Lawmakers with the parties. (2) Obstacles to the examination of a PHI case are: filing a lawsuit, longer invitation because the defendant's residence is outside the legal area of the IRC, the defendant has died, the company is not operational, the lack of control of the union administrator, (3) in PHI based on the value of fast, fair and cheap is by consensus consensus
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Arifin, Aswar, and Ahmad Nuh. "Pandangan Hukum Islam tentang Kewarisan Anak dalam Kandungan." Al-Azhar Islamic Law Review 3, no. 2 (July 27, 2021): 91–104. http://dx.doi.org/10.37146/ailrev.v3i2.94.
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This study aims to determine the views of Islamic law on the inheritance of children in the womb. This research is a descriptive qualitative research with data collected from various literature sources with a juridical normative approach. The results show that the position of the child in the womb with respect to inheritance in Islamic law is largely determined by two conditions that must be met, namely that he must be proven alive when the person who gave the inheritance dies, by paying attention to the minimum and maximum limits of the content. The second condition is that the child in the womb should be born alive at least a few minutes after birth marked by screams and movements. While the distribution of inheritance for children in the womb based on Islamic law, can be done in two ways, namely waiting until the birth of the baby is real or distributing the inheritance without waiting for the birth of the baby, by suspending the most part for the fetus if he is included in one of the an heir.
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Achmad, Andyna Susiawati. "Penolakan Waris Akibat Gugatan Hutang Piutang Pihak Ketiga Ditinjau Dari Burgerlijk Wetboek." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 8, no. 1 (April 9, 2022): 50–55. http://dx.doi.org/10.33319/yume.v8i1.141.
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Abstract— Humans always have legal relations with other legal subjects. Legal relations begin when humans are born until die. The legal relations when a human die is known as an inheritance relationship, between the heir and all his heirs regarding the inheritance of the heir. Inheritance law in Indonesia is regulated in a plural manner, one of which is regulated in the Burgerlijk Wetboek. Burgerlijk Wetboek recognizes the existence of inheritance rejection mechanisms by heirs. Refusal of inheritance usually occurs when the total liabilities of the inheritance of the testator are greater than the assets. The problem is usually the heirs do not necessarily know for sure how much the net amount of the inheritance is when the testator dies. The method approach in this research is normative juridical with secondary data which is analyzed qualitatively. There is no clear and complete mechanism for the heirs to refuse the inheritance. This study examines the refusal of inheritance by the heirs when the heirs only learn about the liabilities left by the testator, after a lawsuit from a third party.
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Putra, Muh Aldhyansah Dodhy. "Perlindungan Hak Cipta Penerbit Terhadap Buku Ciptaan Yang Telah Menjadi Public Domain." JIPRO : Journal of Intellectual Property 3, no. 2 (October 21, 2021): 81–92. http://dx.doi.org/10.20885/jipro.vol3.iss2.art5.
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Act Number 28 of 2014 on Copyright regulates changes in the period of protection of a work. One of them is about books, which were previously protected 50 years after the author's death was amended to 70 years after the author's death in Article 58 (1) of Act Number 28 of 2014 on Copyright. This change not only has implications for increasing the length of time to protect many of the late author's works but also creates new confusion regarding the status of authors who have died more than 50 years before the enactment of the law. This regulatory change has led to research on the protections that publishers have for books with expired protection period (public domain). The method used in this research is juridical-normative research, which examines several regulations, especially Act Number 28 of 2014 on Copyright. The results show that publishers can obtain copyright protection for public domain books as long as they do not violate moral rights and that there are common misconceptions regarding the length of time for book copyright protection due to regulation changes.
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Jasmin, Suriah Pebriyani, and Dea Sahrani. "The Legal Status of Nikka Sibateng in Accordance with Islamic Law: A Study on the Bugis Bone Community." Constitutional Law Review 3, no. 1 (May 31, 2024): 38–50. http://dx.doi.org/10.30863/clr.v3i1.5603.
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This research explores the legal position of nikka sibateng (spiritual marriage) within the Bugis Bone community, particularly in Gareccing Village, Tonra District, Bone Regency. Nikka sibateng involves a secretive union conducted without witnesses, typically following a lawful Islamic marriage, and excludes religious institutions like the Office of Religious Affairs. Participants justify this practice as a means to solidify their bond, believing it ensures their union despite opposition from some community members. Critics argue that nikka sibateng can have negative repercussions, especially for children if one partner dies, as they believe the surviving spouse will soon follow. This view is rooted in local customs and culture. The research aims to understand the practice of nikka sibateng and its standing in Islamic law. Employing a qualitative descriptive approach, the study uses normative juridical, normative empirical, anthropological, and sociological perspectives. Findings reveal that nikka sibateng was once a tradition in Gareccing Village but is no longer practiced. Importantly, the study concludes that nikka sibateng, as a tradition in this community, does not contradict Islamic law or Indonesia's prevailing marriage laws
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Fu’ad, Asep, Aden Rosadi, Usep Saepullah, and Husain. "Politik Hukum Pengaturan Ahli Waris Pengganti dalam Pasal 185 Kompilasi Hukum Islam: Analisis Normatif dan Implikasinya Terhadap Sistem Kewarisan di Indonesia." al-Battar: Jurnal Pamungkas Hukum 1, no. 3 (December 12, 2024): 127–38. https://doi.org/10.63142/e3fj4d24.
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This research aims to analyze the concept of substitute heirs in Article 185 of the Compilation of Islamic Law (KHI) and its implications for the inheritance system in Indonesia. This research uses a normative juridical method with a legal political approach. This approach is used to explore the legal and policy background behind the arrangement of substitute heirs in KHI. The results show that although classical Islamic law, especially the Syafi'i school, does not recognize the concept of substitute heirs, KHI adopts a more inclusive approach. Article 185 of the KHI grants inheritance rights to descendants of heirs who have died before the testator, which is a political legal effort to achieve social justice in the context of Indonesian inheritance. Although this arrangement aims to create social justice, findings show that there are challenges in its acceptance in the community. Many Indonesians still hold strong customs and traditional understandings in the inheritance system. Therefore, more intensive socialization is needed to bridge the gap between the positive law and the local community's understanding of the prevailing inheritance system.
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Munnofa, Artha, Istislam, and Hendrarto Hadisuryo. "Legal Protection for Prospective Notaries Against Unfinished Notary Obligations When the Notary Dies." International Journal of Islamic Education, Research and Multiculturalism (IJIERM) 6, no. 2 (August 19, 2024): 655–77. https://doi.org/10.47006/ijierm.v6i2.356.
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The death of a notary before completing his or her duties can cause legal problems, especially since unsigned deeds are not included in the notary protocol as per the Explanation of Article 62 of UUJN-P. This threatens the rights of prospective notaries, including down payments and important documents that have been submitted. UUJN-P does not regulate the duties of a notary who dies while performing his/her duties or who is responsible for completing those duties. While Article 1 point 2 and Article 35 paragraph (3) of UUJN-P explain that temporary notary officials are in charge of replacing notaries who die while on leave, there is no provision for notaries who die while on duty. Article 35 paragraph (1) of UUJN-P only requires the notary's heirs to report the death to the MPD, without the obligation to continue the unfinished deed. This creates a norm void that has the potential to harm prospective notaries. Therefore, legal protection for prospective confrontants is needed to overcome this norm vacuum and prevent material losses. In order to analyze the problems in this study, a normative juridical research method is used, namely research by examining formal regulations such as legislation, literature that is theoretical in nature to then be related to the problems discussed. in examining legal issues related to legal protection for the faces of the unfinished duties of the Notary's office when the notary dies is based on the existence of legal uncertainty in the laws and regulations related to the notary's office, that there is a norm vacuum against the completion of the unfinished duties of the Notary's office when the notary dies. The results of the research in brief are that legal protection for prospective notaries when the notary dies before completing his duties is important to protect their rights. Internal protection in the form of a written agreement between the notary and the prospective confrontant before the deed is made serves as proof of document deposit and down payment.