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All Journal Pandecta Pena Justisia: Media Komunikasi dan Kajian Hukum
Rahadi Wasi Bintoro
Fakultas Hukum Universitas Jenderal Soedirman
Law, Crime, Criminology & Criminal Justice

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Paradigama Peradilan Agama Sebagai Peradilan Bagi Umat Muslim Di Indonesia Rahadi Wasi Bintoro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 17, No 2 (2017)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (853.313 KB) | DOI: 10.31941/pj.v17i2.547

Abstract

Competence of religious courts increasingly complex, but the more ques-tionable also about the existence of Islamic personality as a principle inherent in the Religious Court.  Therefore this paper discusses the paradigm of Islamic personality in Religious Court. In order to analyze this issue then used the his-torical approach and conceptual approach. Based on the analysis, the exis-tence of religious court is directly proportional to the needs of Muslims and ru-lers in this country. Nevertheless, the Islamic personality has not been fully applicable to the religious court, since it is not yet clear that the policymakers to provide competencies that were previously the competence of other courts.Keywords: Islam, Islamic law, Islamic personality
Ontological Study of The Classification of People in The Transfer of Land Rights in Realizing Legal Certainty Rahadi Wasi Bintoro; Noor Dzuhaidah Dzuhaidah; Antonius Sidik Maryono; Sanyoto Sanyoto; Weda Kupita
Pandecta Research Law Journal Vol 17, No 1 (2022): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i1.34806

Abstract

Regulation of the Minister of State for Agrarian Affairs/ Head of the National Land Agency No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration contains regulations regarding the classification of the population in the preparation of a certificate of inheritance. At present, such arrangements are considered irrelevant, especially since there are already regulations concerning citizenship and population administration in a law. Therefore, this article discusses the ontological basis for regulating population classification in Indonesia. In order to answer these problems, three normative research approaches are used, in the form of a statutory approach, a historical approach and a conceptual approach. This study uses primary and secondary sources of legal material, which after an inventory has been processed and analyzed using a qualitative approach. The classification of the Indonesian population, when viewed from an ontological study, was a policy of the Dutch East Indies government to divide the Indonesian nation and reduce the power of customary law and Islamic law that developed in society. However, if judging from the existence of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997, the classification of the population which has implications for the institution authorized to make certificates of inheritance is not due to the politics of dividing the Indonesian nation. This rule exists because it is still possible for people to submit to the law of inheritance of Burgelik Wetboek. This regulation in the statutory system is hierarchically positioned lower than the law. Even though this regulation is inferior and contradicts the Citizenship Law and the Population Administration Law, and therefore contradicts the principle of lex superior derogate legi inferiori, but to prevent a legal vacuum this Ministerial regulation is still in effect.
Co-Authors Antonius Sidik Maryono Noor Dzuhaidah Dzuhaidah Sanyoto Sanyoto Weda Kupita