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All Journal Journal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review
Akhmad Khisni
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla) Muslim Ansori; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1823

Abstract

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,
Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law Agil Aladdin; Akhmad Khisni
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5097

Abstract

This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does not become heir of adopted parents. In Gazette No. 129 Of 1917. In Article 5 through Article 15. The position adopted child found in Article 12 to equate a child with a legitimate child of the marriage of the lift. According to the Civil Law for the adopted child the same as for biological children. While in KHI adopted children get as much as 1/3 of the estate left by his adoptive parents (Article 209 KHI) exception has been assigned the consent of all the heirs.Keywords: Heritage; Adopted; Testament.
Legal Certainty Of Notary That Leave Because Inducted Into Legislature Wella Tiara Aginta; Akhmad Khisni
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7576

Abstract

The purpose of this study were 1) to analyze and explain the legal certainty of the notary who leave because inducted into the legislature. 2) To analyze and explain the barriers and solutions to the notary who leave because inducted into the legislature. The method used by researchers is normative legal approach and specification in this study were included descriptive analysis. The sources and types of data in this research is secondary data obtained from the study of literature. Based on the results of research that Legal certainty to the notary who leave because inducted into the legislature is always referred substitute notary replaced and the decree was not revoked. Normative, legal certainty it requires the availability of devices legislation which is operationally able to support its implementation. Empirically the existence of legislation that need to be consistent and inconsistent human resources and supporting Notary Supervisory Council. In the execution of a notary who leave because inducted into the legislative, which makes barriers in this issue, namely: a) Could not intensively guiding the deed made by the notary substitute; b) Can not make corrections formal and substantive evidence against the deeds were made but the name remained imprinted substitute notary; c) Can not guarantee against legal certainty to the deed made by the notary substitute; d) Can not / are not able to use the time off was good. Solutions to overcome barriers to notaries who leave because inducted into the legislature is to reinforce the requirement for nominating a member legislative, not just for not practicing (on leave) but with resignation as a notary or PPAT and release all the attributes (nameplate, office practices, and so on ).Keywords: Rule of Law; Notaries; Leave; Legislature.
The Implementation For The Seeker Confidence After The Enactment Of The Constitutional Court Decision No. 97/Puu-Xiv / 2016 Concerning Population Administration In Rembang District Denni Saputra; Akhmad Khisni
Jurnal Akta Vol 6, No 2 (2019): June 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i2.5013

Abstract

Problems of this research is how the implementation for the seeker of confidence after the enactment of the Constitutional Court decision No. 97 / PUU-XIV / 2016 concerning Population Administration; how the implementation of the marriage for the seeker of trust; how the solution implementation barriers for seeker confidence of marital trust; how the notary authority in making authentic act for marriage seeker of confidence. The method used in this research is empirical juridical approach derived from data obtained from the collection of primary data and secondary data, and then analysed by qualitative descriptive analysis method. The data collection technique used was the study of literature (laws, and books about this research) and field studies (interviews with respondents who made sources). Data analysis technique using qualitative data analysis.Based on the findings of researchers showed that appear false assumption of the seeker of the belief that the implementation of the marriage for the seeker of trust cannot be empowered by law, cannot be served their implementation by the competent authority; The absence of laws that specifically regulate: the Marriage of the seeker, recognition that the seeker of trust including one of the official religion; providing solutions to create and revise laws pertaining to the seeker of such beliefs in terms of recognition as a religion and the administration of residence; Notary involves authority until now could not be done on the implementation of the marriage for the seeker of Faith, a notary has no authority in making authentic act, in the absence of legislation governing it. But it can be circumvented by issuing a certificate in Partij deed.Keywords: Marriage; Seeker Confidence; Population Administration.
REVITALIZATION DEAL IN AKAD HYBRIDS IN SHARIA BANKING VALUE BASED ISLAMIC JUSTICE Masduqi Masduqi; Gunarto Gunarto; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Judging from the background of its formation, the formulation of the hybrid contract is motivated by a passion to expand the range of Shariah banking in order to be more competitive than conventional financial institutions. The world's conventional financial institutions have advanced so rapidly, because it is centuries old. The products offered is already so varied. Banking Shari'ah established with a mission of Islam in economics to be applied in the financial institutions are required to be able to race competitively catch up to conventional financial institutions. The spirit of this competition can sometimes only shift the original ideals of the Shari'ah banking so out of the idealistic mission. Ideally, Shari'ah banking mission to operationalize by function with fairness, honesty and mission enliven real sector. Akad which became the main base is musharakah or mudarabah with the principle of sharing in a partnership approach. However, because of the demands of profitability and encouraged the spirit of acceleration enlarge market share, concerns the question that arises is whether the main concern of Shariah banking can be shifted from the spirit of the mission to realize the ideal into the spirit of competition in the formalities of the subordinated kesyari'ahan ideal mission?  Looking at the above, there were some fundamental problems with the implementation of the contract, namely whether the hybrid will not shift the original ideals of Shariah banking, because there is concern shifted to the usury that no longer different from the conventional financial institutions. A further problem of how to revitalize the agreement in the contract hybrids in value based banking Shari'ah Islamic justice. This problem appears motivated by a sense of concern author of various hybrid forms of contract that can not represent the substance of justice is a principle addressed in the rules of jurisprudence muamalah. Thus this dissertation research is expected to create more hybrid contract represents an agreement.
THE RECONSTRUCTION OF DIVORCE DUE TO MARITAL STATUS UNDER THE UNAUTHORIZED GUARDIAN AS VALUE OF JUSTICE Abdul Kholiq; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

A marriage due to an unlawful guardian must be canceled, but often divorce of unlawful guardianship is decided by divorce and talaq, this is not in accordance with the value of justice as in the 5th principle of Pancasila and the Constitution of the Republic of Indonesia. So the authors intend to reconstruct it, by formulating the problem, 1. How is the divorce proceeding in marriage due to the current illegitimate legal status of a guardian? "2. How is the effect of divorce on marriage due to the current unauthorized legal status of guardians ?, 3. What is the legal reconstruction Divorce on marriage due to the status of unlawful guardians of justice value ?, This article uses a qualitative approach, socio legal research, then researchers use the theory of justice as Grand Theory, Law Enforcement as Middle Theory and Legal Protection as Application Theory, As for the reconstruction is to answer the formula The above problem, namely: 1. the implementation of the cancellation of marriage today is when the submission is canceled then the decision is the marriage was decided by divorce, sometimes the filing of divorce / divorce is not investigated in advance whether there is a status of unlawful guardian or not. 2. The answer is the effect of divorce on marriage that there is an illegal guardian's status, if the divorce is decided then the rights demanded back, or other rights not delivered, because if the trial in the form of divorce, usually one of the defendants / requested did not come . Consequently a. The cancellation of marriage must be synchronized with Article 26 of the Marriage Act No. 1 of 1974, which is intended when the cancellation must be in accordance with the juridical reasons, b. For those who already have a marriage certificate, can not be canceled but must be repeated marriage, or ordinary divorce, c.In the cancellation should be examined exactly why the status of guardians is not valid, if due to deliberate from the woman then still said divorce, d.Dalam trial divorce Or talak, if after examined there are unlawful guardians, it must be decided cancellation of marriage not divorce. Keywords: Reconstruction, Divorce, Guardian, Unlawful
LEGAL PROTECTION PROBLEM OF WIFE AND CHILDREN OF POLYGAMY SIRRI IN INDONESIA Muhlas Muhlas; Gunarto Gunarto; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

In order to ensure that the marriage of a citizen to the full protection of the State shall be recorded, the marriage already recorded shall in addition to obtaining legal force and assurance of legal certainty shall also ensure the legal rights of both the spouse and the child and of the marriage concerned that. Unmarried marriages will not have any protection and legal guarantees, so married couples and children born from unregistered marriages are always unable to access public services, whereas they are citizens who are constitutionally protected and have no discrimination. The state has given the rules in the form of law or other written regulations to be implemented by its citizens, but the facts on the ground there are still many people who are not obedient, many examples of marriage monogamy or polygamy is not recorded (layman's term called marriage Under the hand / sirri). Parties who are very loss in marriage are not recorded are women and children are born right, because for him does not have a clear legal basis. The purpose of the law is to give goodness and benefit to human beings, referring to the objective of Islamic law that in emergency / dhorury the rights of principle must come to the masses of people (for life, religion, descent, property and soul / mind); Whereas from marriage that is not recorded will be born human also. In principle the fifth principle of right must be owned by humans, then whatever the condition of married citizens are not recorded both monogamy and polygamy should be sought legal solution in order to get their legal protection as a citizen.
THE RECONSTRUCTION OFMADLIYAH AND IDDAH MAINTENANCE AND MUT'AH IN DIVORCE CASEFOR JUSTICE AND WELFARE Mustar Mustar; Gunarto Gunarto; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

In 2015, divorce cases reached 457.493 (85,65%) out of 534.164 cases throughout Indonesia, 321.487(60,18%) cases were dominated by contested divorce cases.1 The most dominant factor of divorce in contested divorce cases is no liability (negligence) of husbands to wives, with the implication that wives' rights during marriage and after divorce are abandoned such as madliyah and iddah maintenance and mut'ah which are husbands' duty. Wives that sued husbands are categorized as nusyuz therefore the reception of madliyah and iddah maintenance is deprived, on the other hand, the reasons of divorce are dominated by the abandonment of wives, thus the definition of nusyuz needs to be reexamined, such as the abandonment of wives by husbands (unjust) is categorized as nusyuz or not. Texts or legal norms in the Compilation of Islamic Law only regulates wives' rights of post-divorce (iddah maintenance and mut'ah) ifthedivorce are at husbands' will or talaq divorce byjudges'ex officio (Article 41 letter c of Law No. 1 of 1974), or by counterclaim from wives for madliyah and iddah maintenance and mut'ah on a condition that wives are not nusyuz. The texts or legal norms in KHI for wives who filed for contested divorce are considered nushuz, thereforethey are deprived of their rights on, the latter is caused by no texts in the Compilation of Islamic Law that regulate it so that the contestants either through law power (advocates) as well as personal did not demandformadliyah and iddahmaintenancein their posita or their petition.
POLYGAMIC POLICY IN INDONESIA (Analysis of Polygamic Arrangements and Practices 1959-2015) Warman Warman; Gunarto Gunarto; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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In essence, marriage is a sense of love, obligation, the fulfillment of sexual desire and resuming the descent. In Islam, a sense of love is the first pillar of a marriage. One principle of marriage is monogamy principle, where a man can have only one wife and vice versa (in time). Monogamy principle here is open or not absolute. These properties are not absolute monogamy principle set forth in article 2, paragraph 2, 4 and 5 of paragraph (1) of Law No. 1 of 1974 concerning marriage and regulated in article 55, paragraph 56 (1), 57 Compilation of Islamic Law; in fact, regulated, also in the Koran, that Q.S. An-Nissa paragraph 3. The term of polygamy itself is a term that is often present in everyday life. The term polygamy has a close relationship with marriage, both in new families and families who have been doing weddings Formulation of the problems discussed in this dissertation as follows: 1) How does the construction of polygamy laws and procedures set out in the legislation in Indonesia since the year 1959 to 2015? 2) How does the practice of polygamy since 1959-2015? 3) How is the reconstruction of polygamy ideal setting in the future? The method used in this research is using socio legal reserch method or can be called a sociological juridical approach. Constructivism paradigm is the paradigm of a social reality where truth is seen as socially constructed, and the truth of a social reality is relative. The results of this study were 1) the provisions laid down concerning the setting of polygamy in Indonesia as the basis of the implementation of polygamous marriage contained in the Act No. 1 Year 1974 on Marriage, KHI and government regulation No. 9 of 1975 concerning the Implementing Regulations of Law No. 1 Year 1974 on Marriage, then it is very optimistic and believes that the prospect of polygamy is getting better, and opens the possibility of polygamy for highly skilled and have a sincere intention for happiness and prosperity. 2) The debate is getting better when the draft law on marriage proposed to become law. Finally, after a long debate, monogamous finally set to be one of the principles but with an exception for people who are under the law and allowed to take more of a religion. 3) The doctrine of polygamy after the entry of the Prophet Muhammad and Islam became more orderly and has provisions in its implementation. A husband and wife have a maximum of only limited amounts to four people with the terms and conditions when it is able to be fair and able to provide maintenance to his wives. If a husband is not able to be fair and not be able to give birth to a living wives then it is better for a man married is only one person. Keywords: Polygamy, Polygamy Rules, Practice Polygamy in Indonesia
STUDI HUKUM ISLAM TERHADAP PEMBAGIAN HARTA WARISAN UNTUK ISTRI YANG MENANGGUNG BEBAN EKONOMI KELUARGA DI DEMAK Ulil Abshor; Akhmad Khisni
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

In this study, researchers examined the division of inheritance rights of women who work, in the view of Islam, the religious law of Islam views women especially in the study of women standing as a wife is no longer a career woman herself, she has become the right of the husband is no longer the rights of the elderly , the wife's good nature to help it, once again not to meet the needs of the family. This is not apart from the fact that sociological factors experienced by the women, in this case the wife who entered the modern era is a lot of wives who work to help the family economy even provide for the continuity of the family . This sometimes makes ricuhnya division of inheritance that occurred in the county Demak.One alternative to this problem is to prove by further data and research related to the rights of a woman in this case working wives who bear the economic part of the next of kin in the family. Understanding the obstacles and barriers experienced by a wife who works and trying to provide for his family in the division of the estate is a part.The purpose of this thesis writing which help provide knowledge and insight is deeply concerning hasanah Mawaris law, in particular the division of inheritance law wife of obtaining one per four-piece if it does not have children yet, if left offspring wife's part is one-eight. Thus God governs in the Qur'an Surah an Nisa 'verse twelve.Islamic law division of inheritance has been very fair, especially women, Islam does not mengkastakan women, especially mothers. Mother called the prophet three times by the king of the Prophet Muhammad, far above the father. Therefore, although the wife gets one per eight if she's a mother, does not matter to him, because the mother still gets consecrated a son, whose value is far from one-fourth and one-eight inheritance. Especially in Islamic law recognize shirkah.Keywords: wife, solehah, law.
Co-Authors Abd. Rasyid Syamsuri Abdul Wahab Abdullah Amirudin Achmad Sulchan achmad sulchan Agil Aladdin Agra Sulchantifa Ulul Amri Amin Purnawan Arif Rachman Wahyu Wicaksono Arifah S. Maspeke Aryani Witasari Bagus Malik Hakim Bahrul Alam Bambang Suprayogi Bayun Kismantoro Boma Wira Gumilar Carolina Da Cruz Chamidah Chamidah Christian Bagoes Prasetyo Damayanti, Elok Denni Saputra Dhian Artwitadibrata Diyono Diyono Eko Nurhanafi Fadli Fadli Gunarto Gunarto Hardianti Hardianti Haris Wahyu Sunarno Hendro Santiko Ikwan Daldiri Budi Santosa Indi Premadasa Istanti Istanti Joko Dwi Widiyanto Karto Karto Kevin Hanif Hakim Kusdyastuti Pratiwi Lathifah Hanim Masduqi Masduqi Mentari Dessy Wijayanti Moh Adib Aristyawan Mugiyatno Mugiyatno Muh. Ramli Jaya Muh. Rizal Yudiansyah Suldani Muhammad Baharuddin Muhammad Faeshol Muhammad Fatih Wahab Alhaddafi Muhammad Sidiq Muhlas Muhlas Munsharif Abdul Chalim Muslim Ansori Mustadzkiroh Mustadzkiroh Mustar Mustar Niamulloh Niamulloh Noor Handayani Nur Cahyaningsih Pulung Jati Kusuma Ratnasari Ratnasari Rifki Julian Wiranda Rofi'atun Rofi'atun Rozihan Rozihan Rubin Pratama Rudy Iskandar Ichlas Ruwainta Samniah Sahudi Sahudi Siti Muzazanah Muzazanah Solikun Ni'am Steffi Yesyer Palloan Sukma Rochayat Titi Resmiyanti Ulil Abshor Wa Dazriani Dazriani Wahyu Arga Kurniawan Warman Warman Wella Tiara Aginta Wisda Rauyani Efa Rahmatika Yulia Audina Sukmawan