Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

The Phenomenon of Transferring Sunrang to Children in Gowa Regency

Mappaseleng Mappaseleng — 2024-05-31

A polemic that often occurs in the community, especially in Gowa Regency, is the diversion of sunrang to children which often causes problems. So there are often problems in the family that cause disputes between the first child and his other siblings. The main problem in this study is how to transfer sunrang to children in Sapaya village, Bungaya district, Gowa regency, How to analyze the rule of al-'Aadatul Muhakkamah on the phenomenon of transferring sunrang to children in Sapaya Village, Bungaya District, Gowa Regency. This type of research is field research. The approaches used are the Normative Syar'i Approach and the Sociological approach. The methods used in this study are observation, interviews and documentation. From the results of research conducted by researchers on the phenomenon of the transfer of sunrang to children in Sapaya Village, Bungaya District, it shows that the transfer of sunrang to children is carried out in a hereditary manner which is passed on by the community in Sapaya Village. However, the existence of this diversion causes injustice in the provision of sunrang because only the first child is prioritized while the other children do not have the right to receive the transfer of sunrang. The implications of this study are expected to reduce disputes in the diversion of sunrang.

Parental Dominance in Early Marriage in Anreapi District, Polewali Mandar Regency

Arman Arman — 2024-05-31

Early marriage is often the subject of parental domination in cultures and societies that uphold strong traditions and norms. This article analyzes this phenomenon by using the Maqasid Sharia framework as a basis for understanding the implications of parental domination in the context of early marriage. The research method used is descriptive qualitative research, with normative and juridical approaches to explore the relevant aspects of Islamic law and values. The research involved in-depth interviews with a number of couples who experienced parental dominance in the early marriage process. The analysis shows that parental domination often contradicts the humanitarian and welfare principles of Maqasid Sharia. While it may be legally valid, this domination can result in an imbalance of power in the marriage relationship, causing conflict and dissatisfaction among young couples. Through a normative approach, this research highlights the need to return to the principles of equality, justice and freedom that underpin the institution of marriage in Islam. The juridical approach examines relevant aspects of the law and emphasizes the importance of integrating maqasid values into the practice of Islamic law.

Juridical Review of the Crime of Sexual Harassment Against Married Women

Irfan Maulana — 2024-05-31

Sexual violence is a form of violence caused by sexual problems, and mild sexual violence is a form of verbal sexual harassment. The crime of morality refers to the act of sex. The article that regulates the crime of sexual harassment is contained in the Criminal Code regarding the crime of morality and violation of morality, but the Criminal Code does not recognize it with the term sexual harassment but in the Criminal Code it is referred to as obscene which is regulated by Articles 289 to 296 of the Criminal Code (KUHP). The research methods used in this study are a normative legal approach and an empirical approach. Data processing is carried out through library research such as literature and scientific works related to research problems. The results of this study show that the factors that cause perpetrators to commit sexual harassment crimes against married women are based on Decision Number 538/Pid.B/2023/PN TJK. is a sociative factor that occurs due to the influence of the environment carried out by the perpetrator, the desire that arises by the perpetrator and the opportunity so that it gives rise to the intention and intention to commit the crime. The Judge's consideration in applying criminal sanctions to the perpetrators of the crime of sexual harassment against married women based on Decision Number 538/Pid.B/2023/PN TJK sentenced the Defendant Ardi Santoso Bin Mursalim therefore with a prison sentence of 3 (three) years, the aggravating thing is that the Defendant caused trauma to the victim, the Defendant's actions disturbed the community and the Defendant's actions have not been forgiven by the victim's witnesses. Furthermore, the mitigating factor for the defendant is that the defendant is polite and straightforward in the trial, remorseful and does not repeat his actions, and the defendant has never been punished.

Juridical Analysis of the Probative Strength of Visum et Repertum in the Crime of Persecution

Hasmi Kun Hidayah — 2024-05-31

Visum Et Repertum is a valid evidence tool that has a very important role and power in the trial of criminal cases, especially in criminal cases where the object is the human body, in addition to simplifying the evidentiary process, it can also convince the judge in deciding a case. This research method uses normative juridical research approaches, legislation, conceptual approaches, and case approaches. The results of the study show that the judge in deciding the case went through several considerations, namely considerations with several pieces of evidence submitted by the public prosecutor as well as incriminating considerations and mitigating considerations for the defendant. In the verdict, the Defendant SA als Aan Bin RC was found guilty of his actions, namely deliberately persecuting the witness MA Bin MY. The defendant received a sanction, namely imprisonment for 2 (two) years and 3 (three) months.

The Position of Female Workers Bound by Marriage

Rezki Amaliah — 2024-05-31

This study aims to analyze the position of female workers who are bound by marriage in the perspective of civil law and Islamic civil law. The main issue raised is how these two legal systems regulate the rights and obligations of married female workers, as well as how legal protection is provided to them. The subject matter includes a comparison between the provisions in the civil law applicable in Indonesia and the principles contained in Islamic civil law regarding the status and rights of married women workers. The research method used is normative juridical with a comparative legal approach. This research examines various primary legal sources such as laws, government regulations, and ulama fatwas, as well as secondary sources such as books, scientific journals, and legal articles. The data collected were analyzed qualitatively to understand how the two legal systems govern the rights of married women workers. The results show that both civil law and Islamic civil law provide protection for the rights of married women workers, although there are differences in implementation and emphasis. Civil law emphasizes normative rights such as maternity leave, maternity leave, and protection against termination of employment due to marital status. Meanwhile, Islamic civil law emphasizes the principles of justice and the balance of rights and obligations between husband and wife, with an emphasis on the protection of women's rights in the scope of family and work. The novelty of this study lies in the comparative approach used to identify similarities and differences in legal protections for female workers bound by marriage under two different legal systems. The study also provides recommendations for policymakers to improve legal protections for married female workers, by integrating the positive aspects of both legal systems.

Legal Certainty of the Exclusion Clause of Article 1266 and Article 1267 of the Civil Code against the Cancellation of the Agreement Agreed by the Parties in the Notary Deed

Muh Nur Arisakti Atpasila — 2024-05-31

Some business people objected because of the uncertainty of the time for the settlement of default disputes in Court. Therefore, there is often a clause in the agreement for the waiver of Article 1266 and Article 1267 of the Civil Code to cancel the agreement without a court process. The main point of this research discusses the Legal Certainty of the Exclusion Clause of Article 1266 and Article 1267 of the Civil Code in Connection with the Cancellation of the Agreement Agreed by the Parties in the Notary Deed. This study aims to find out the existence of dispute resolution in the Court where the parties have agreed to waive the provisions of Article 1266 and Article 1267 of the Civil Code and the legal certainty of the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code agreed upon by the parties in the Notary Deed. The method used in this study is normative juridical research, namely research on literature law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and the technique of collecting legal materials is carried out by inventorying positive legal rules, literature, books, journals and other sources of legal materials. The analysis technique of legal materials is carried out by carrying out grammatical, systematic, and legal construction methods. The results of the study show that the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code in the Notary Deed that has been agreed upon by the parties, then at the stage of its implementation, there is one of the parties who objects to the waiver of Article 1266 and Article 1267 of the Civil Code in reality can file a lawsuit with the Court in connection with the waiver clause of Article 1266 and Article 1267 of the Civil Code, while the party in the position of the defendant who postulated in his execution that the plaintiff did not have legal standing/persona standi in judicio because he had agreed to waive Article 1266 and Article 1267 of the Civil Code, the reality was not considered by the Court. Article 1266 and Article 1267 of the Civil Code are suggested to be amended by adding an exception sentence in the form of "can be set aside as long as agreed by the parties".

Revitalization of Family Fiqh as an Instrument for the Prevention of Sexual Violence in Children

Nur Ismi — 2024-05-31

The phenomenon of child sexual violence is becoming more frequent, children should receive special protection for their physical and mental health. This aims to ensure that children can grow and develop well and be protected from the threat of dangerous crimes in accordance with Law Number 35 of 2014 concerning Child Protection. Parents play an important role in preventing sexual violence against children, therefore knowledge and attitudes, as well as parental behavior towards sex education are very important. In this research, two main themes will be discussed, namely; the concept of parenting from a family jurisprudence perspective and the role of parents in preventing sexual violence against children from a family jurisprudence perspective. The question arises whether parents' parenting patterns for children have been regulated in Islamic law, and what is the correct parenting pattern according to family jurisprudence that can prevent sexual violence against children. This research uses the results of a literature search containing theories relevant to the research problem. In this research, an assessment was carried out regarding the concepts and theories used based on literature related to the topic and available. This research is descriptive research which focuses on a systematic explanation of the facts obtained when the research was conducted. From this research it can be understood; The concept of ḥaḍānah or care is explained in three general parts, namely regarding the requirements for a caretaker, the classification of people who have custody, and the length of the care period. The role of parents and family is an important part of the social environment which is needed as a center for children's development towards sexual maturity. Parents must understand and convey sex education to their children. Among the efforts to prevent sexual violence against children are training children to ask permission before entering their parents' room, separating children's beds, getting children used to lowering their eyes and covering their private parts, as well as several other methods which will be explained by the author.

Legal Certainty of Property in Marriage According to Civil Law Regarding the Deed of Marriage Agreement for Separation of Assets Neglected to Be Registered

Randy Raharja — 2024-05-31

Marriage relations between men (husbands) or women (wives) will cause marital property, joint property sometimes causes problems when divorce occurs. The subject of this research is how the implementation of the marriage agreement deed related to the separation of property according to civil law made by the negligent parties is registered and how the legal certainty of joint property according to the marriage law related to the negligent marriage agreement deed is registered and how the legal certainty is. The method used in this study is a type of normative juridical research, namely literature law research with sources of primary, secondary, and tertiary legal materials. The research approach used is the Legislative Approach, Conceptual Approach, Analytical Approach, Case Approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals, and other sources of legal materials. Legal material analysis techniques, grammatical interpretation, systematic interpretation, and legal construction methods are carried out. The results of the study show that the legal certainty of joint property according to civil law related to the deed of negligent marriage agreement is registered after the existence of PMK Number 69/PUU-XIII/2015 through the marriage agreement of Indonesian Citizens (WNI) and Foreign Citizens (WNA) based on the Court Decision, a marriage agreement for the separation of property can be carried out after the marriage, to avoid before problems arise and/or contrary to the Law which applies in Indonesia over the right to own property status during marriage

Juridical Review of the Grant Cancellation Process in Religious Courts

Zulkifli Nasution — 2024-05-31

Grant is one of the legal acts that is basically regulated in positive legal provisions in Indonesia, both civil law and Islamic law. However, in practice there are still some problems related to the change process, as a legal provision, of course, grants have pillars and conditions that must be met, which if there is one pillar that is not fulfilled, the contract of the grant can be canceled. In this regard, Decision Number 236/Pdt.G/2017/PA. Pal there is a request for grant cancellation made by the biological son of the grantor, so in this study the author will examine the juridical review of the grant cancellation process in religious courts as happened in Decision Number 236/Pdt.G/2017/PA. Pal to find out whether it is in accordance with applicable legal provisions. This research is qualitative research with the type of normative juridical research or legal research, literature approach or (labrary research). The results of this study show that the practice that occurred in Decision Number 236/Pdt.G/2017/PA. Pal in the case of mauhub (property granted) violates the provisions of article 210 paragraph (1) of the KHI where the maximum grant is only 1/3 of the total property of the grantor, but in this decision exceeds 1/3 part. Therefore, in the examination of the case, the Judge granted part of the plaintiff's claim, namely declaring void the grant 154/PT/IV/2009 dated April 6, 2009

Legal Review of Dentist Services that Exceed its Authority

Wahyu Ciptaningsih — 2024-07-04

Dental artisan is a dentist's specialty. The large number of dental artisan who do not follow the health benchmarks set out in Minister of Health Regulation Number 39 of 2014 makes it seem as if the norms created are meaningless. In fact, there are quite a few cases where dental artisan carry out fixed braces treatment on their patients. This research will discuss the legal regulation of dental artisan that exceed their authority in terms of Minister of Health Regulation No. 39 of 2014. The aim of this research is to find out the legal regulations regarding permits to practice dental artisan in Indonesia based on Minister of Health Regulation Number 39 of 2014 and to find out legal sanctions for providers of dental artisan who exceed their authority. In completing this research, the method used was the normative juridical method. The study results show that dentists based on Minister of Health Regulation no. 39/2014 is only allowed to make and install partial and/or full removable dentures using heat curing acrylic material. The sanctions that can be imposed on dentists who exceed their authority can be subject to administrative sanctions in the form of a written warning, temporary or permanent license revocation.

Urf Analysis of the Guarantee System in the Practice of Mappasanra Cloves in Bulukumba Regency

Nugraha Hasan — 2024-05-31

This study aims to find out how the guarantee system in the practice of clove tree mappasanra, especially in the community of Tamaona Village, Kindang District, Bulukumba Regency. The type of research conducted is field research which is raised from the observation of social facts studied by the method of sociological approach and sharia juridical approach. The sources of data for this research are people who practice pawnning, community leaders, and religious leaders. The data collection method is carried out by means of observation, interviews, and documentation. The results of this study show that the people of Tamaona Village, Kindang District, Bulukumba Regency still carry out the practice of clove tree mappasanra because they consider that this practice is one of the quick and easy ways to get a cash loan with a system of pawning the clove tree as collateral to be managed and all the proceeds are taken by the pawnbroker until the pawnbroker pays off the debt. There are 2 forms of collateral utilization by murtahin, namely the use of collateral by murtahin with a time limit and the utilization of collateral by murtahin without a time limit. In the view of Islamic law based on 'urf, it is viewed that the guarantee system in the practice of mappasanra carried out by the community is categorized into 'urf fasid because it tends to harm one of the parties, namely the pawnbroker and is included in the agreement that leads to the category of usury. The implication of this study is that the practice of clove tree mappasanra is expected to continue to be carried out guided by the rules of Islamic law, to religious leaders or the government to convey about muamalah especially pawns in accordance with Islamic law so that the community is able to apply the system in the practice of mappasanra in accordance with applicable rules.

Notary's Legal Responsibility for Differences in the Contents of the Deed and Copy of the Deed is associated with the Principle of Prudence

Tiurma Helena — 2024-07-17

This study aims to find out and criticize 1) the regulation of the difference in the content of the deed minuta and the copy of the deed issued by the Notary to the parties. 2) The notary's legal responsibility for the difference in the contents of the deed and the copy of the deed issued is associated with the principle of prudence. This research uses a normative juridical method, with a conceptual approach, a legislative approach and a case approach. The analysis of legal materials is carried out by inventorying, systematizing and interpreting. The results of the research are 1) Arrangements regarding the difference in the contents of the deed minuta and copies of the deed issued by the Notary to the parties are regulated in Article 1 number 9, Article 16 paragraph 1 letters a and d and corrections in Article 51 of the UUJN. The ambiguity of the legal norms of Article 51 of the UUJN-P does not explain the substantial or non-substantial typographical errors that can be corrected, how with the copy of the deed that has been given to the parties and the provisions of Article 51 of the UUJN-P it becomes difficult to implement in the event that the witnesses no longer exist before the Notary. Legal principles that can be used as a form of settlement for differences in the minuta of the deed and copies of the deed issued by the Notary to the parties are the principle of prudence, the principle of good faith and the principle of abuse of authority. The difference between the minutes of the deed and the copy of the deed is due to the lack of caution of the Notary and typos by the Notary. 2) Notaries are also responsible, especially if degradation of deeds occurs, subject to Administrative and Civil sanctions. Recommendations to 1) Policy makers, in order to be able to regulate in detail how the Notary principle of prudence, especially on the form and nature of the renvoi in the deed and the limits of the Notary's authority over it, especially the Renvoi which is only carried out after the issuance of a copy of the Deed to protect the Notary and the parties. 2) The Notary in carrying out his obligations must prioritize the attitude of thoroughness, thoroughness, prudence, not abusing authority and good faith when making a deed so that the deed he makes can give a sense of justice to the parties. Preventive efforts that can be made by the Notary sign or paraphrase each page of the deed that is made and works based on the principle of prudence

Legal Protection for Consumers in Purchasing Mortgage Houses by Passing Credit Without the Bank's Knowing

Desi Verawati — 2024-05-31

The process of buying a house through a Home Ownership Credit all the time is always met with obstacles in installment payments, so that the buyer is in default because he does not pay the installments according to the agreement signed between the buyer and the bank. The formulation of this research problem is what are the legal consequences of the transfer of the purchase and sale of the object of home ownership credit guarantee in a credit pass transaction without the knowledge of the bank and how is the legal protection for consumers in the purchase and sale of home loan guarantee objects in a credit pass transaction without the knowledge of the bank. The theories used in this study are according to Moch, Ismaeni, Legal Protection Theory, Civil Contract Theory according to Sudikno Mertokusumo. The method used in this study is normative juridical (research on literature law or secondary data with sources of primary, secondary and tertiary legal materials). The research approach used is a legal, case, analytical approach and a conceptual approach with legal material collection techniques carried out by identifying and inventorying legal rules, book literature, and other legal materials. The technique of analyzing legal materials is carried out by grammatical legal interpretation and systematic interpretation. From the research, it was concluded that the transfer of home loans without the knowledge of the bank as a creditor before the credit is paid off is an act that should not be done by the debtor. The impact of this action is the emergence of risks to the debtor who accepts and sullito to take a certificate for the new debtor and in the credit over.

Legal Protection for Parties related to Forgery Committed by Notary Office Employees in Making Authentic Deed

Enden Suminar — 2024-05-31

The phenomenon that occurs is that there are many cases of forgery committed by employees of the Notary office in making authentic deeds that are not in accordance with the procedures in making authentic deeds. Based on this background, there is a formulation of the problem, namely, what are the legal consequences of authentic deeds related to the making of deeds forged by employees of the Notary office? and how is the legal protection for the parties related to the deed forged by the Notary office employee? The theories used are the Theory of Legal Consequences according to Soeroso and the Theory of Legal Protection according to Satjipto Rahardjo. The method used in this study is a type of normative juridical research, namely literature law research or secondary data with primary, secondary and tertiary legal sources. The research approach used is the legal and regulatory approach, the case approach, the analytical approach and the conceptual approach and the technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, literature, books, journals and other sources of legal materials. For legal material analysis techniques, grammatical legal interpretation and systematic legal interpretation are carried out. From the results of the research, it can be concluded that the legal consequences of authentic deeds that contain elements of forgery and in making them violate the provisions of the applicable laws and regulations, then the authentic deed can be submitted for cancellation because it is an action that contains procedural defects, namely the incompetence of the Notary and/or as PPAT to make authentic deeds while legal protection for the parties due to the occurrence of forgery committed by Notary employees, namely the parties can report Notary employees to seek criminal liability Notary employees and Notary civil liability.

Legal Certainty of Notary Employment Agreements with Employees Regarding the Disclosure of Confidentiality of the Contents of Deed Containing Elements of Unlawful Acts

Rizkitina — 2024-05-31

Tanggung jawab dari karyawan Notaris terhadap kerahasiaan isi akta menjadi tidak jelas karena tidak adanya kepastian hukum terkait perjanjian kerja untuk merahasiakan isi akta. Rumusan masalah yaitu, bagaimana pertanggungjawaban karyawan Notaris dalam menjaga kerahasiaan akta terkait perjanjian kerja Notaris dan karyawan? dan bagaimana kepastian hukum perjanjian kerja Notaris dengan karyawan terkait terbukanya rahasia isi akta yang mengandung unsur perbuatan melawan hukum?. Teori yang digunakan dalam penelitian ini yaitu Teori Pertanggungjawaban menurut Hans Kelsen dan Teori Kepastian Hukum menurut Gustav Radbruch. Metode yang digunakan dalam penelitian ini adalah yuridis normatif (penelitian hukum kepustakaan atau data sekunder dengan sumber bahan-bahan hukum primer, sekunder dan tersier), ditambah dengan wawancara sebagai data pelengkap. Adapun pendekatan penelitian yang dipergunakan yaitu pendekatan perundang-undangan, pendekatan kasus, pendekatan analitis dan pendekatan konseptual dengan teknik pengumpulan bahan hukum dilakukan dengan cara mengidentifikasi dan menginventarisasi aturan hukum positif, literatur buku, jurnal dan sumber bahan hukum lainnya. Untuk teknik analisa bahan hukum dilakukan dengan penafsiran hukum gramatikal dan penafsiran hukum sistematis. Hasil dari penelitian bentuk tanggung jawab hukum jika karyawan Notaris tidak merahasiakan isi maupun keterangan yang berhubungan dengan akta Notaris, maka perbuatan karyawan Notaris tersebut dapat dikategorikan ke dalam perbuatan melawan hukum berdasarkan Pasal 1365 KUHPerdata. Seharusnya konsep hubungan hukum antara Notaris dan karyawannya berdasarkan perjanjian kerja. Pemerintah hendaknya merevisi atau membuat aturan baru dengan membentuk norma kewajiban hukum karyawan Notaris dalam menjaga kerahasiaan akta Notaris, agar memberikan kepastian hukum bagi kepentingan pihak-pihak dalam akta Notaris dari pengingkaran kerahasiaan akta yang dapat dilakukan oleh karyawan Notaris akibat kekosongan norma.

A Study of Legal Philosophy on the Status of Inheritance Rights of Children Sentenced to Absence by Their Parents in Gowa Regency

Mafaati Hul Khiar. M — 2024-05-31

This research discusses the practice of inheritance law against children who are punished for being absent by their parents (Dipattompo' Butta) in the Islamic community in Gowa Regency in 2019-2023. Through initial observations, the authors found several cases of inheritance to children whose parents had punished them as dead where the parents did not pay attention and visited their children again where this could cause disputes so the authors felt the need to do research in this regard. This study uses descriptive qualitative field research methods with an empirical legal approach, the data source is through interviews with parents as inheritance owners, children as heirs, the community, and religious leaders in Gowa Regency. The results of the study show that in the practice of inheritance to children whose parents do not punish them (Dipattompo' Butta) in the Islamic community in Gowa Regency, when viewed from the point of view of Islamic Law Philosophy, the dominant use of customary inheritance law or in accordance with the customs of the community both from the distribution of inheritance and the settlement of inheritance disputes. There needs to be socialization of inheritance law, strengthening the legal status of inherited assets and heirs who are entitled, so that there is justice for the heir. By conducting this research, it is hoped that the local government will make it more efficient in providing socialization of inheritance law to the community, especially to children who are punished for being absent by their parents and strengthening legal legality of inheritance, especially regarding certificates of inherited land and heirs who are entitled, so that inheritance disputes due to people's lack of understanding of the law can be minimized.

Protection and Determination of the Destiny of Children Outside Marriage

Melati Sukma — 2024-08-13

This article discusses how to protect children outside of marriage from an Islamic jurisprudence perspective. This type of research is qualitative in nature and is carried out using the Library Research method, namely a method of analyzing, interpreting and classifying data obtained from various suitable sources. The results of this research are that protection for children outside of wedlock is only obtained through their mothers and their mothers' families. Because illegitimate children only have a lineage relationship with their mother, the protection they get from their father does not get protection because they don't have a lineage relationship. As illegitimate and illegitimate children, children born in this context do not receive protection for the right to livelihood, educational guardianship, inheritance and cannot be provided with services in state administration.

Marriage Standardization for Women of the Ammatoa Tribe in Bulukumba Regency

Sutriani Sutriani — 2024-05-31

This study aims to analyze the comparison between the Shafi’I school and customary marriage law for women of the Kajang tribe (Ammatoa). So the objectives to be achieved in this study are: 1) to find out the form of standardization of marriage for women of the Kajang tribe (Ammatoa). 2) to find out the views between customary law and the Shafi’i school of thought regarding standardization of marriage for women of the Kajang tribe (Ammatoa). This research is classifield as a type of qualitative research and uses a shari’I, social and anthropological research approach. Types and sources of data in this study are primary data and secondary data with data collection methods used namely interviews, observasion, documentation and literature study. The results of this study indicate that there is pluralism in marriage law for the Kajang people, namely customary law, islamic law (shafi’I school) and positive law. However, what is interesting is that they prioritize customary law in their marriage procession after customary law has been implemented, then it fulfills the requirements as islamic law and positive law regulate regarding marriage. Then in the customary law that applies there is a prohibition on marrying other tribes, this is a must for every Kajang tribal community (Ilalang Emboya), for those who violate it will be subject to customary sanctions, namely they can be expelled from the customary area of the Kajang tribe area (Ammatoa).

Implementation of Regional Regulation No. 3 of 2005 concerning Zakat in the Development of Micro Enterprises in Bantaeng Regency

Yusril Ihza Mahendra — 2024-08-17

The main problem in this study examines how the efforts of the regional government of Kab. Bantaeng in implementing regional regulation no 3 of 2005 concerning the management of zakat? How zakat funds are empowered for the development of micro-enterprises in Kab. Bantaeng?
This study aims to determine Zakat Management in the Development of Mustahik Micro Enterprises in Kab. Bantaeng. The type of research used is a qualitative research method with a descriptive research type. Data collection techniques using observation, interviews, and documentation. The results of the study show that 1) the efforts of the regional government of Kab. Bantaeng in implementing regional regulation no 3 of 2005 concerning zakat management namely zakat collection, distribution, utilization, reporting and accountability. 2) zakat funds are empowered for the development of micro-enterprises in Kab. Bantaeng is like providing business capital to MSMEs engaged in grobak businesses around the mosque.

Application of Beneficiary-Related Beneficiary Portie Legitims to Life Insurance Policies

Meitri Widya Pangestika — 2024-08-17

Life insurance has become an important necessity for today's modern society. In Indonesia, there is life insurance. As humans, we face risks in everyday life. Risk is an event that will occur but the timing is unknown or uncertain. Therefore, people enter into insurance agreements to be able to transfer the risk to the insurer, or insurance company Where the life insurance agreement provides security and health and guarantees the life and property of a person who is insured in accordance with the provisions stipulated in the insurance agreement. In addition, a life insurance agreement allows the insurer to be queath his wealth to his heirs. The method used in this research is normative juridical research, that is, research of library law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and a technique of collecting legal materials carried out by means of an inventory of positive legal rules, book literature, journals and other sources of legal materials. For the technique of analysis of legal materials is carried out by performing grammatical, systematic, and methodological interpretations of legal constructions. From the results of the study, it was obtained that life insurance, liability has the right to cash payments before the death of the world since the insurance agreement between the liability and the insurer is closed. If the responsibility of the world dies, the connoisseur has this data right as a right to come. Therefore, we will turn to the heirs. Payment of money for life insurance constitutes a guarantee, according to Article 1320 of the Civil Code and Article 257 of the Criminal Code related to the opinion of Diephuis and Opzoomer.

Juridical Analysis of the Minimum Age Limit for Marriage Based on Law Number 16 Article 7 of 2019

Nurul Huda — 2024-08-18

Child marriage is always motivated by various things or commonly referred to as factors, this factor is what encourages a child to marry or want to marry under the age of the provisions that already exist in legislation Number 16 of 2019 concerning marriage, namely in article 7 paragraph 1 which states that those who are allowed to marry when they reach the age of 19 years. Low marriage education is one of the factors for child marriage, which increases every year. In terms of child marriage, one of the factors that influence the occurrence of child marriage is not in accordance with the provisions of Law Number 16 of 2019 concerning marriage, namely the age of 19 years namely due to a lack of knowledge about child marriage, such as a lack of understanding of the impacts that will result from a marriage, both good and bad impacts. This research uses a field methodology (Field Research), namely research that has been carried out by being directly on the object, especially in an effort to collect data and information. And the type of research used is qualitative research. The implication of this research is that underage marriages that occur in Sungguminasa Regency, they are forced to marry due to several factors such as pregnancy outside of marriage, promiscuity, economy, education, custom, arranged marriage and their own desires this is due to lack of supervision and lack of interest in education so that quarrels and violence occur.

The Transformation of the Maudu'i Tafsir Method

Afwaz Fafaza Rif’ah — 2024-08-18

The Maudu'i interpretation method was born from various factors, including as a form of development of existing interpretation in accordance with current developments which require the birth of new methods and does not rule out the demands of the times and the development of science in seeing phenomena that appear in society. The research used in this case is library research. The data collected emphasizes books, journals, articles and other literature that are related to the main research problem, then reviewed in more depth and concluded. The results of this research show how important the Maudu'i interpretation method is in answering problems among the community and making it easier for the community to look at the various views of interpreters from classical to contemporary times who have their own characteristics in developing the Maudu'i interpretation method, this is to avoid It is assumed that every exegete has had disagreements in applying the steps of the Maudu'i exegesis method, which of course is still relevant today.

Methods of Legal Guidance for Children Who Are Not Legally Capable at the Maros Special Children's Development Institution II

Annisa Intan Pratiwi — 2024-08-18

This research discusses the implementation of legal training methods for children who are not legally proficient at the special children's training institution II Maros, then detailed into several research sub-problems, namely: 1) What is the concept of legal training methods for children who are not yet legally proficient at the Special Children's Development Institute II Maros according to the school of jurisprudence 2) What are the standards of legal education for children who are not legally competent at the special children's institution II Maros according to the school of jurisprudence. 3) What is the impact of legal training on children who are not yet legally proficient at the Special Children's Development Institute II Maros according to the school of jurisprudence. This type of research is included in field research, namely research carried out directly at the object, especially in an effort to collect data and various information. The results of these findings show that: 1) the concept of training methods applied by the II Maros Children's Special Development Institute is divided into 3, including: Independence Development. Religious Development and Skills Development 2) According to Imam Syafi', children who are not legally competent are trained by providing education and teaching. Meanwhile, according to Imam Maliki, children who are not yet legally competent are fostered by providing advice and guidance. 3) According to Imam Syafi'i, applying coaching methods to children who are not yet proficient by providing education and teaching has a good impact so that children can understand and practice Islamic teachings. Meanwhile, according to Imam Maliki's opinion, the application of coaching methods to children who are not legally competent by providing advice and guidance has a good impact. The implication of the research is that the application of training methods to children who are not yet legally proficient still provides advice training methods but is done gently so that children can easily accept them in accordance with the Imam Maliki school of thought and knowledge development training methods should be given learning in the form of providing basic material so that the children being coached receive educational simulations. the same as the level of education in public schools.

Fictitious Order for Online Motorcycle Taxi Drivers in Makassar City

Megawati Megawati — 2024-08-18

Fictitious orders in online transportation always exist and even tend to increase and develop in society along with advances in internet technology, transportation and the economy, even though acts of fraud and fictitious orders are seen from any angle very reprehensible, because they can create mutual distrust of fellow drivers and drivers. company. The main problems in this research are 1. what is the reality of the fictitious orders of online motorcycle taxi drivers in the city of Makassar? 2. What is the comparison between national law and Islamic law against fictitious orders for online motorcycle taxi drivers? This type of research is a qualitative descriptive research with a normative (syar'i) approach and a sociological approach. Data management techniques in this study are interviews, observation and documentation. The key informants from this research are drivers and customers who make fictitious orders. The results of this study are losses felt by the customer (customers) on fictitious orders made by drivers and losses are also felt by drivers if the customer (customer) makes a fictitious order so that all those involved make fictitious orders even PT.Grab companies are not the same once taught and justified the existence of fictitious orders suffered losses. The cause of fictitious orders is due to not fulfilling the order target, the perpetrator intends to take personal advantage. The implication of this research is that companies can improve security services for online motorcycle taxi applications, as well as impose sanctions on those who make fictitious orders. Because of the lack of awareness for perpetrators to carry out fictitious orders.

Comparative Analysis of Islamic Law and Customary Law in the Implementation of Inheritance in Kolaka Regency

Andi Tenri Leleang — 2024-05-31

Islamic law and customary law are two legal systems that collaborate in carrying out their roles in inheritance law. This research focuses on the comparative analysis of legal dualism (Islamic law and customary law). It was found that the basic principles of Islamic inheritance law in its implementation include, proportionately determined by the heirs (who is entitled and how much), carried out after the completion of the arrangement of the body, debts and wills of the deceased, and carried out on the basis of mutual agreement among the heirs. Meanwhile, the principles of the implementation of customary inheritance law include, the important role of customary elders in the division and resolution of conflicts regarding inheritance, generally carried out in a familial manner with a concept that has usually been passed down from generation to generation in the family, and paying attention to the kinship systemThe implementation of inheritance is not only a legal obligation, but also has an impact on the representation of social and social ties, economic stability, and family prosperity. The implementation of inheritance is not only a legal obligation, but also has an impact on the representation of social ties, economic stability, and family prosperity. Therefore, it has a positive impact and a negative impact on the heirs.