PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS)
Vol 1, No 2 (2016)

SISTEM PEMELIHARAAN BARANG TEMUAN: Studi Terhadap KUH Perdata dan Hukum Islam

MAHFUDHAN, MAHFUDHAN (Unknown)



Article Info

Publish Date
04 Apr 2017

Abstract

The regulations on found property are still very obscure within the Indonesian laws as the legal protection in this republican state. To this date, the regulations have no significant contribution to the improvement of the laws. This research on the found property maintenance was aimed at finding out the answer to the basic problems and the output from the theory of the found property, as well as the important basis of the standard rules on the found property, especially in the Indonesian laws. Findings showed that the Civil Code assessed the rights and obligations regarding the found property obtained by the status levels of the objects. On the other hand, in the Islamic law, the main concern was on the right to control and the right to have the objects. In essence, the purpose was to protect a person's rights. This indication could be seen from the Islam’s ways by not distinguishing the identity of the property (i.e. beneficial or not, big or small, valuable or not) and also by paying attention to the status of the person who had found and owned it, as well as the right to control or to be recognized legally for the status of the object in question.

Copyrights © 2016






Journal Info

Abbrev

petita

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

PETITA journal has aimed to deliver a multi-disciplinary forum for the discussion of thoughts and information among professionals concerned with the boundary of law and sharia, and will not accept articles that are outside of PETITA’s aims and scope. There is a growing awareness of the need for ...