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Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah Muhammad Septian Hadrianto; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer.Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach.Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.

Kajian Hukum Islam Tentang Wasiat Wajibah Kepada Ahli Waris Beda Agama Safira Rahmi Khouw; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In Islamic Inheritance Law, the person who is entitled to receive inheritance from the heir is also a Muslim, so it is very difficult for people who are not Muslim to be able to inherit even if the heir and heirs have a relationship as husband and wife, therefore it needs a breakthrough from the judge.Purposes of the Research: To find out and analyze Mandatory Wills according to Islamic Law and Supreme Court Decision Number 16K/AG/2010 relating to Mandatory Wills to non-Muslims. Methods of the Research: The research method used is normative legal research, all legal materials, both primary, secondary, and tertiary are collected and compiled qualitatively.Results of the Research: The results of this study indicate that the provisions of the mandatory will according to the Compilation of Islamic Law also apply to adoptive parents and adopted children, as regulated in Article 209 of the Compilation of Islamic Law, namely: a. the inheritance of the adopted child is divided according to Articles 176 to 193 of the KHI, while the adoptive parents who do not receive a will are given a mandatory will as much as 1/3 of the inheritance of their adopted child; and b. against adopted children who do not receive a mandatory will as much as 1/3 of the inheritance of their adoptive parents. Furthermore, although in Islamic law a wife who is a non-Muslim religion is not entitled to inherit property from her Muslim husband, but on the basis of the judge's considerations using the results of ijtihad from fiqh experts who expand the provisions regarding mandatory wills which only apply to relatives who are not married, obtaining inheritance from the heir to apply also to a wife who is a religion other than Islam is the most likely way as a middle and alternative way to be taken in order to create justice.

Kedudukan Anak Sumbang Dalam Penerimaan Hak Nafkah Hidup Ditinjau Dalam Perspektif Hukum Islam Mardatilla Harza Tomaluhu; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships.Purposes of the Research: This study aims to explain and inform about the status and position of the discordant child as well as the protection of the living rights of the donor child according to Islamic law. Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships. Article 186 of the Compilation of Islamic Law does not provide protection for the rights of discordant children which are given to children resulting from adultery.

Kajian Hukum Islam Terhadap Kebijakan Pemerintah Atas Pemberian Kuota Lebih Kepada Jemaah Haji Fadhilla Ilham Mulkin; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Hajj is the fifth pillar of Islam which is a once-in-a-lifetime obligation for every Muslim who is able to fulfill it.Purposes of the Research: Knowing and analyzing about the provisions of Islamic law in carrying out the pilgrimage. Government policy in the implementation of hajj quotas.Methods of the Research: This research is included in library research, namely research carried out using literature (library). The author reads and takes theory from books related to the problem under study and then concludes the results of various kinds of research.Results of the Research: The results of the study show that the provisions of Islamic law in carrying out the Hajj, namely the Islamic Shari'a, oblige Hajj for every mukallaf, once in a lifetime for both men and women who have the ability to carry it out. All scholars agreed to stipulate that Hajj is not repeated, it is obligatory only once for a lifetime unless it is prescribed. Apart from the one that is obligatory, it is considered Sunnah more than once. Government policy in organizing Hajj quotas, namely the opening of hajj registration throughout the year, causes a prolonged waiting list for hajj. This is the cause of long queues of pilgrims who want to perform the Hajj because the Ministry of Religion always opens registration. Therefore, the queue becomes long and disorganized.

Akibat Hukum Terhadap Limbah Sampah Plastik Di Teluk Ambon Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Tentang Pengelolaan Sampah Abnu Fauzi Mesfer; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Public awareness in disposing of waste, often causes them not to waste space, such as throwing garbage in ditches, rivers, and even in the ocean. Purposes of the Research: To find out and analyze forms of plastic waste management in Ambon Bay based on Law Number 18 of 2008 concerning Waste Management, and as a requirement for obtaining a Bachelor of Law degree at the Faculty of Law, Pattimura University, Ambon.Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes the provisions of legislation and legal materials of a documentary nature, with the main subject of the study of the problem of Danpak implementation of reclamation in Ambon Baguala bay.Results of the Research: Forms of plastic waste management in Ambon bay based on Law Number 18 of 2008 concerning Waste Management, namely: the forms of waste processing in Ambon city initially from TPA-TPA to an open dumping system to a better system in accordance with Law Number 18 of 2008 concerning Waste Management, through four choices of waste processing scenarios.

Kajian Yuridis Terhadap Pelaksanaan Reklamasi di Teluk Ambon Baguala Putri Hulandari; Adonia Ivone Laturette; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: In connection with the reclamation of the coast and sea in Ambon City, to be precise in the Bay of Ambon Baguala, the recalamation process of Ambon Bay has begun to be carried out, indicating changes in the environmental conditions of waters and fisheries in Ambon Bay.Purposes of the Research: To study and analyze the implementation of reclamation in the Bay of Ambon Baguala. Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes statutory provisions and documentary legal materials..Results of the Research: The results showed that the implementation of the reclamation was very dangerous for the villages in Baguala District. One of the areas most threatened with "drowning" in the future was Passo Village, Lata Village and Lateri Village. The Head of the Indonesian Institute of Sciences (LIPI) Ambon's Center for Deep Sea Research, Augy Syahilatua, said that the reclamation for the construction of Siloam Hospital did have an effect on the shifting of sea water masses

Implementasi Alimentasi Anak Dalam Suatu Perceraian (Studi Kasus Putusan Pengadilan Agama Ambon Nomor: 312/Pdt.G/2018/Pa Ambon Anggitta Meirina Lubis; La Ode Angga; Muchtar Anshary Hamid Labetubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The obligations of the father and mother to care for and provide for the child still continues even though the marriage of the two partners has been divorced. According to Article 105 KHI based on marriage law in Indonesia, judges have the right to appoint the mother as the holder of child custody if the child is under 12 years of age / is not yet mumayyiz, and the father is the bearer of the child's life expenses. However, in practice the contents of the verdicts are often ignored, often the fulfillment of children's livelihoods is not carried out by fathers.Purposes of the Research: Knowing and analyzing the implementation of Child Alimentation (Case Study of Ambon Religious Court Decision Number: 312 / Pdt.G / 2018 / PA. Ab).Methods of the Research: This research method is empirical juridical research. The source of legal materials used is primary, secondary and tertiary legal materials. Data collection techniques through interviews and documentation. Data processing techniques obtained from the results of interviews and then in processing the data the author clarifies with the aim of obtaining an overview of the answers. Data analysis using qualitative methods.Results of the Research: Providing support for a child will continue to be the responsibility of a father until the child is an adult. as contained in Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning marriage, there are several factors inhibiting the implementation of the alimentation. The factors of non-implementation of alimentation include economic, social factors in society, and the existence of a legal vacuum against the implementation of decisions related to sanctions and the executive power of living hadhanah, Ambon Religious Court.

Peran Mediator Dalam Penyelesaian Sengketa Harta Warisan Rani Ngadja; Barzah Latupono; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1552

Introduction: Settlement of disputes or conflicts that always occur in the community caused by inheritance, therefore gives rise to disputes and even causes conflicts between parties.Purposes of the Research: The purpose of this study was to determine the process of resolving inheritance disputes in the Religious Courts Class IA Ambon and how the role achieved by the mediator in the settlement of inheritance disputes in the Religious Courts Class IA Ambon. Methods of the Research: The research method used is Normative juridical research method with field research as primary data. The approach used is field research.Results of the Research: It can be concluded that the process of resolving Inheritance disputes at the Ambon Class IA Religious Courts is based on Law Number 7 of 1989 and the mediation guidelines of Government Regulation (PERMA) Number 1 of 2016. The mediator does not have the power to impose a settlement on the parties involved. dispute so that the role of the mediator is to negotiate until there is an agreement that binds the parties. The role of the Mediator in the mediation process is to mediate the parties, find common ground for the problems of the parties and oversee the course of mediation such as arranging negotiations, holding meetings, arranging discussions, mediating, formulating agreements between the parties so that mediation can be successful.

Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam Putri Samiat; Barzah Latupono; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1795

Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.

Kesesuaian Putusan Pengadilan Agama Ambon Nomor 220/Pdt.G/2021/Pa.Ab Tentang Izin Berpoligami Iftin Yuninda Hart; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1815

Introduction: The Marriage Law adheres to the principle of monogamy because the law and religion of the person concerned allows it, a husband can have more than one wife if he meets the requirements.Purposes of the Research: To review the Ambon Religious Court through its decision Number 220/Pdt.G/2021/PA.Ab has given permission to the applicant to carry out polygamy without fulfilling the provisions contained in the Law.Methods of the Research: The writing method is normative juridical, with three approaches, namely the conceptual approach, the statutory approach and the case approach.Results of the Research: The results of this research show that the decision of the Ambon Religious Court Number 220/Pdt.G/2021/PA.Ab which has given permission to the applicant to practice polygamy is contrary to Article 4 paragraph 2 of the Marriage Law.

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