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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-'Adalah Jurnal Asy-Syari'ah Syariah: Jurnal Hukum dan Pemikiran El-Usrah: Jurnal Hukum Keluarga Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah Akademika : Jurnal Pemikiran Islam Synergy : Jurnal Ilmiah Multidisiplin Mawaddah: Jurnal Hukum Keluarga Islam
Ridwan, Ahmad Hasan
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

 1 
Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia Najamudin, Najamudin; Fautanu, Idzam; Najib, Moh.; Kania, Dede; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8833

Abstract

The obligatory will regulated in Article 209 of the Compilation of Islamic Law is only for adoptive parents and adopted children, there is no obligatory will for heirs of different religions. On the other hand, there is a need for legal provisions that present a solution to provide part of the inheritance to heirs who do not receive inheritance due to religious differences. The purpose of this research is to analyze the important obligatory will in terms of its necessity, as well as a study of the obligatory will in terms of the procedure or implementation of the obligatory will itself in resolving disputes in court with legal considerations that are certain, fair and beneficial. The research method uses a qualitative method with a normative juridical approach. Primary data was obtained from regulations, laws, verdict numbers: 368 K/AG/1995, 51 K/AG/1999, 16 K/AG/2010, 721 K/AG/2015, 218 K/AG/2016 and 331 K/AG/2018. Supreme Court Decision No. 331 K/AG/2018 as well as the Compilation of Islamic Law (KHI) article 209 and regulations governing mandatory wills, secondary, tertiary data obtained from library studies, books, documents, journals and so on that have the same relevance to this research. The analysis process uses a legal logic approach, which analyzes the norms and laws or regulations that apply in depth, radically, systematically, and logically. The results of this study concluded that the dynamics of religious court decisions regarding compulsory bequests for heirs of different religions vary greatly, some are granted and some are rejected, the consideration depends on the sitting of the case that is disputed in the religious court, while the granting of compulsory bequests for heirs of different religions refers to the opinion who allows it as long as it is a will and the different religion in question is not kafir dzimmi. The effect of this decision becomes jurisprudence as part of the source of law for judges at levels below the Supreme Court. The contribution of the religious court's decision on this matter is that it can become a permanent jurisprudence so that it is proposed as a new article in KHI to fill in the missing article regarding mandatory wills for heirs of different religions.
Application of Progressive Law to Marriage Annulment Cases: Prospects and Development in Indonesia's Religious Court Azmi, Nofan Nurkhafid; Bisri, Hasan; Solehudin, Ending; Saepullah, Usep; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.9230

Abstract

Progressive law is based on the emergence of a sense of dissatisfaction with the theory that has been developed and used as a guide in legal practice in Indonesia, legal theories that have been developed so far, are unable to respond to problems that occur in the reality of society. This has resulted in a sense of public dissatisfaction with the performance of the law and the courts. The value of justice is the main goal to be achieved in law enforcement efforts. Meanwhile, in the case of marriage annulment, there are parties who are dissatisfied with the decision of the first level judge, so they take legal action to a higher level court to answer their dissatisfaction. This research uses a qualitative method with an empirical juridical approach. Primary data obtained from marriage annulment decisions Number 185/Pdt.G/2023/PTA.Bdg, 84/Pdt.G/2023/PTA.Bdg and 106/Pdt.G/2023/PTA.bdg, secondary data obtained from laws, journals and other legal books that have the same relevance as this research. After the data is collected, data analysis is carried out to get answers to the problems raised. This research resulted in several findings. First, the application of progressive law in polygamy licensing cases uses the hermeneutic method, namely the school of philosophy that studies the nature of something to understand something into a clearer object of interpretation, in the case of forced marriage using the legal interpretation method, namely a conclusion in providing an explanation or understanding of a term that is unclear in meaning. Second, the door for judges to apply progressive law will never be closed, in fact it is a necessity by judges, legal problems will continue to exist and continue to develop.
Co-Authors Aen, I Nurol Azmi, Nofan Nurkhafid Bunyamin, Bubun Dede Kania Eko Budiono Ending Solehudin Fariz, Luthfi Ahmad Fauzan Ali Rasyid Hasan Bisri Idzam Fautanu Jefry Tarantang Kamaludin Yusup, Deni Koidin Mujiburohman, Mujiburohman Mukhlas, Oyo Sunaryo Mustofa Mustofa Najamudin Najamudin Najib, Moh. Nanang Sobarna Rahmat, Asep Saepullah, Usep Seroza, Candra Boy Setiadi Setiadi Solihin, Dadin Sururie, Ramdani Wahyu Syahrul Anwar, Syahrul Wahyu Akbar