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INDONESIA
PARENTAL
Published by Universitas Sebelas Maret
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Articles 64 Documents
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KEDUDUKAN WANITA SUKU BATAK TOBA YANG MELAKUKAN PERKAWINAN DENGAN PRIA SUKU DILUAR SUKU BATAK TOBA DALAM HUKUM ADAT BATAK TOBA ,, RelindaMeisa; ,, RirinPutri
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract This research aimed at women of a tribe to know it was toba who performs marriage outside of the tribe was with a guy tribe of toba in customary law was toba as well as a result of the marriage law. This research using research law normative.A kind of law a covering material law the primary and secondary material law.Legal material collected by looking for a study document then analyzed in deductively syllogism. A woman in the toba batak is aligned with men.Equality in terms of heirship and in performing legal action.In performing mating by male batak, outside of the tribe can inflict gord law.Marriage performed batak not a woman to man batak means she citizenry batak, removing custom because man from the outside cannot be batak continuer offspring batak.Mating with men outside the citizenry batak can eliminate customs batak but not eliminate the family woman with his family.Besides the child marriage is entered in customs tribe of her husband.The child is not entitled to the genera batak existing in her mother.But if the man, given genera hence the genera can be passed on to offspring.In it, heirship no effect because basically women have no inheritance.But also can be granted to a woman in compliance with agreement. Keyword: Notch woman, marriage
ANALISIS HAK PENCABUTAN KEMBALI ATAS HIBAH YANG TELAH DIBERIKAN ORANGTUA KEPADA ANAK DALAM HUKUM ISLAM (KAJIANATAS PUTUSAN MAHKAMAH AGUNG NOMOR : 78K/AG/ 2012) ,, Nurul Bisyarati; ,, Agus Rianto
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

ABSTRACT This research aimed to find out how the law of gift withdrawal was according to Islamic heir law and the judge’s rationale in deciding the Supeme Court’s verdict Number 78K/AG/2012 about gift (hibah). This study was a normative law research that was prescriptive and applied in nature, using case approazh to the case of right ti withdraw the gift that has been given by the parents to child in Islamic Law. This study employed primary and secondary law materials. The technique of collecting law material employed was library study. The law material analysis was conducted using deductive method by explaining general item and then the particularly one, so that finally a conclusion could be drawn. In this study, the major premise was Islamic rule of law (Islamic Law Compilation), while the minor one was the Supreme Court’s verdict Number 78K/AG/2012. From the two premises, a conclusion could be drawn. Considering the result of research and discussion, it could be concluded that the law of gift withdrawal according to Islamic heir law was not been allowed expect for the gift from parents to their child. The article 212 of Islamic Law Compilasion mentioned that the parent’s gift to child could be withdrawn. The appealer could not show the judex factie guilt in applying the law. Thus, the Supreme Court’s deliberation could be justified, because the Judge had legal rationale or ratio decidendi that was juridical and non juridical in nature, that met the provisions of Law. Keywords : Withdrawal Righgt, Gift (Hibah), Islamic Law.
PROBLEMATIKA HUKUM PENJUALAN KEMBALI ASET YANG BELUM LUNAS PEMBAYARANNYA DALAM PEMBIAYAAN MURABAHAH ,, Luthfiyah Trini Hastuti; ,, Samirah
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract   This study aims to describe and examine two issues. Firstly, how the murabaha financing in Bank Muamalat Surakarta is. Secondly, how the legal status of the sale of assets that haven’t paid back yet in murabaha financing is. The research method used is a case study with a qualitative-descriptive approach. The scope is limited research focusing on the murabaha financing mechanisms as well as the legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta. Types and sources of data are using primary data and secondary data. Primary data contains the result of interviews with Bank Muamalat Surakarta, while secondary data was obtained from books, the internet, financial reports, and other sources. The results of this research is the occurance of murabaha financing which are divided into 3 parts. First of all, the process of submission financing reques, financing analysis process which consist of data collection, guarantee analysis that checks the validation of the guarantee, data verification juridical analysis which is the cheking validation of costumers credibility, and then performs the contract in front of the notary, and the financing process is a process for the disbursement and deposit guarantees. The inclusion of wakalah contract in murabaha in Bank Muamalat Surakarta is inappropriate with fatwa Dewan Syariah Majeleis Ulama Indonesia No.4/DSN-MUI/IV/2000 and Bank Indonesia Regulation No. 7/46/ PB / 2005 due to a wakalah contract made after murabaha contract was. Legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta is invalid when the client does not report, and immediately pay off early because there’s specific agreements has been made by the Bank Muamalat Surakarta with the client. Keywords: Financing Agreement, Murabahah, Murabahah Assets
Paradoks Globalisasi Sebagai Tegangan Abadi Universalisme Dan Relativisme Budaya Hak Asasi Manusia dalam Prespektif Antropologi ,, Luna Brillyant Ensebu; ,, Dina Fitra Amalia
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract The application of human rights on a national scale, namely universalism and cultural relativism. On the one hand, universalism stated that there will be more culturally "primitive" that eventually evolved to the legal system and then have the same rights with Western culture. Cultural relativism on the other hand, say the opposite, namely that of a traditional culture can not be changed. Along with the advent of globalization is the spread of values, concepts, and laws from around the world to various parts of the world. Finally, globalization produces the paradox that one of the reasons the tensions between universalism and cultural relativism. Starting from the basic words of human rights in the minds of the followers of universalism as overcoming dimensions of space and time and then got skepticism by cultural relativists against improper human words with human words related to the complexity of the cultural uniqueness of the local culture which is the study of anthropology . Thus the authors will try to present Eternal Paradox of Globalization as Universalism and Relativism Voltage Cultural Dimensions of Human Rights in Anthropology. Keywords: Human Rights, Universalism, Cultural Relativism, Globalization Paradox, Anrtopologi

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