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All Journal Syntax Literate : Jurnal Ilmiah Indonesia JISIP: Jurnal Ilmu Sosial dan Pendidikan PALAR (Pakuan Law review) Indonesian Journal of International Law Indonesia Law Review (ILREV)
Yeni Salma Barlinti
Faculty Of Law Universitas Indonesia
Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Indonesia Law Review (ILREV)

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Harmonization of Islamic Law in National Legal System: A Comparative Study Between Indonesia Law and Malaysian Law Barlinti, Yeni Salma
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute settlement related to Islamic Law. The influence of western legal system is very strong in national legal system. Neverheless, the western legal system differs substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to fiamily law. While the differentitaiton are: the way of implementation of western legal system into national legal systemn and the form of legislation. Indonesia has one legislation, which is in effect to all of Indonesia people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
INHERITANCE LEGAL SYSTEM IN INDONESIA: A LEGAL JUSTICE FOR PEOPLE Barlinti, Yeni Salma
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i is the most influenced school for Indonesian people), Hazairin’s (bilateral) system of inheritance law (Hazairin was Profesor at University of Indonesia had different view from Imam Syafi’i), and Compilation of Islamic Law system of inheritance law (Compilation of Islamic Law is Islamic law written by Indonesian ulama and Islamic experts). The last, western inheritance law is a norm of heritage based on Burgerlijk Wetboek as legal product of Dutch government when occupied Indonesia. All three inheritance legal systems are available for Indonesian people. We are able to know the availability of these systems is from legal cases in the courts, civil court and religious court. On the paper will be explained comparison of three systems of inheritance law, legal subject using the system (personality principle), and implementation of the system in the courts.
Co-Authors Angky Anggia Ayu Arfa Gunawan Rahimah Syamsi Savitri Ramadhita Yetty Komalasari Dewi