Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1268
Joko Sriwidodo
The various problems encountered during online trials highlight an impaired supervision mechanism. This research is part of a need for a reconstruction in the supervision of online trials in Indonesia. Therefore, the formulation of the problem is: What are the problems that arise in online trials during the Covid-19 pandemic? How can the reconstruction of supervision in these trials be carried out? Furthermore, a descriptive, normative method was applied alongside a qualitative, statute approach. The results showed that problems related to the supervision of online trials include the absence of clear legal rules and procedures that have not been regulated in Indonesia Law. It is necessary to supervise judges during these trials, and this supervision has not involved the Indonesian judicial system, specifically the Judicial Commission or KY. Therefore, there is a need for reconstruction in supervision through the Revision of the Criminal Procedure Code (KUHAP), the Establishment of Special Regulations Related to the Online Trial Law, and the Formation of a Special Team for Online Trial Supervisors.
{"title":"Reconstruction of Supervision in Online Trial as Evaluated Review During the Covid-19 Pandemic","authors":"Joko Sriwidodo","doi":"10.30631/alrisalah.v22i2.1268","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1268","url":null,"abstract":"The various problems encountered during online trials highlight an impaired supervision mechanism. This research is part of a need for a reconstruction in the supervision of online trials in Indonesia. Therefore, the formulation of the problem is: What are the problems that arise in online trials during the Covid-19 pandemic? How can the reconstruction of supervision in these trials be carried out? Furthermore, a descriptive, normative method was applied alongside a qualitative, statute approach. The results showed that problems related to the supervision of online trials include the absence of clear legal rules and procedures that have not been regulated in Indonesia Law. It is necessary to supervise judges during these trials, and this supervision has not involved the Indonesian judicial system, specifically the Judicial Commission or KY. Therefore, there is a need for reconstruction in supervision through the Revision of the Criminal Procedure Code (KUHAP), the Establishment of Special Regulations Related to the Online Trial Law, and the Formation of a Special Team for Online Trial Supervisors.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125924029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1289
S. Marlina, Haris Mubarak
This study analyses the concept and law formulation of the joint property after divorce in a polygamous marriage in Indonesia and Malaysia. A problem that often arises is when the first, second, third and fourth wives live under their husband’s support for their lives so that all their property or asset that has been collected will become joint property. However, when one of the wives divorces her husband, the distribution of joint property will become a problem. Hence, this study uses a normative juridical approach to solve the joint property problem in a polygamous marriage by collecting secondary, primary and tertiary legal materials. The concept of marriage in Indonesia is regulated based on article 35, paragraph 1, Indonesia Law Number 16 of 1974, marriage law number 16 of 2019 and instruction of President number 1 of 1991. While in Malaysia, this concept is regulated based on the Islamic Family Law Enactment, section 122:2 and the Fatwa authority of the National Council for Malaysian Islamic Religious Affairs (MKI). Specifically, the regulation about joint property in Indonesia is regulated in article 94 in the Islamic Law Compilation and Malaysia in MKI 2003, section 122:2. In these regulations, Indonesia and Malaysia have similarities in regulating joint property after divorce that we can understand that rules in Indonesia and Malaysia come from the same source, i.e., Al-Qur’an and Hadith. However, we found deficiencies that must be corrected to reinforce and explain legal certainty.
{"title":"Joint Property after Divorce in the Polygamous Marriage in Indonesia and Malaysia: A Comparatif Study","authors":"S. Marlina, Haris Mubarak","doi":"10.30631/alrisalah.v22i2.1289","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1289","url":null,"abstract":"This study analyses the concept and law formulation of the joint property after divorce in a polygamous marriage in Indonesia and Malaysia. A problem that often arises is when the first, second, third and fourth wives live under their husband’s support for their lives so that all their property or asset that has been collected will become joint property. However, when one of the wives divorces her husband, the distribution of joint property will become a problem. Hence, this study uses a normative juridical approach to solve the joint property problem in a polygamous marriage by collecting secondary, primary and tertiary legal materials. The concept of marriage in Indonesia is regulated based on article 35, paragraph 1, Indonesia Law Number 16 of 1974, marriage law number 16 of 2019 and instruction of President number 1 of 1991. While in Malaysia, this concept is regulated based on the Islamic Family Law Enactment, section 122:2 and the Fatwa authority of the National Council for Malaysian Islamic Religious Affairs (MKI). Specifically, the regulation about joint property in Indonesia is regulated in article 94 in the Islamic Law Compilation and Malaysia in MKI 2003, section 122:2. In these regulations, Indonesia and Malaysia have similarities in regulating joint property after divorce that we can understand that rules in Indonesia and Malaysia come from the same source, i.e., Al-Qur’an and Hadith. However, we found deficiencies that must be corrected to reinforce and explain legal certainty.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133006161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1252
D. Putra, Jannus Tambunan
This study will analyze the practice of the people of Sikilang Village, Sungai Aur Kuning Pasaman Barat District, which makes the corpse bath a priority recipient of zakat fitrah. This research belongs to the type of phenomenological research which is qualitative in nature through observation and in-depth interviews to reveal the community of the people of Sikilang Village in distributing zakat fitrah in terms of Maqashid. The results of this study concluded that first; the custom of the people of sikilang village is a form of appreciation for the corpse bathers who do not have a fixed wage, even though many people are reluctant to pursue this profession. Second: In the review of maqasid shari'ah that customs can be used as an instrument in establishing law with terms and conditions set by the scholars. The habit of the people in prioritizing the washing of the corpse as the recipient of zakat fitrah is contrary to the stronger/principal argument (an-Nushus as-Syari'ah).
{"title":"Optiming the Role of Body Bather as a Priority for Zakat Al-Fitr Recipients in Sikilang, Sungai Aur Pasaman Barat","authors":"D. Putra, Jannus Tambunan","doi":"10.30631/alrisalah.v22i2.1252","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1252","url":null,"abstract":"This study will analyze the practice of the people of Sikilang Village, Sungai Aur Kuning Pasaman Barat District, which makes the corpse bath a priority recipient of zakat fitrah. This research belongs to the type of phenomenological research which is qualitative in nature through observation and in-depth interviews to reveal the community of the people of Sikilang Village in distributing zakat fitrah in terms of Maqashid. The results of this study concluded that first; the custom of the people of sikilang village is a form of appreciation for the corpse bathers who do not have a fixed wage, even though many people are reluctant to pursue this profession. Second: In the review of maqasid shari'ah that customs can be used as an instrument in establishing law with terms and conditions set by the scholars. The habit of the people in prioritizing the washing of the corpse as the recipient of zakat fitrah is contrary to the stronger/principal argument (an-Nushus as-Syari'ah).","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121302888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1249
Rinaldy Amrullah, Diah Gustiniati, Tri Andrisman
In the era of modernization, many occur something crime among Indonesian society culminating in the courts, where the public tends to use the courts as an effort to resolve conflict. This causes a buildup of cases that flows through the courts, which can hinder the justice system, particularly in Indonesia. Against excisable goods or cigarettes area free (Free Trade Zone) which handled Customs and Excise duty in some areas not yet there is which until to process Justice. Problem main for implementing or applying the approach or draft justice restorative (restorative Justice) is due to the mechanism offered by the policy, or the concept of restorative Justice (restorative Justice) puts forward the idea of peace, the concept of "mediation," and the concept of reconciliation in which perpetrators, victims, law enforcement officers, and the wider community directly participate in each other for taking part in settle things criminal. The formulation of the problem in this paper is what is the legal standing for the application of restorative Justice, and how is restorative Justice applied in excise crimes? This research uses normative juridical law methods and is supported by empirical juridical research. The results of this study indicate that customs and excise violations can be carried out or resolved by restorative Justice without having to go through a court process.
{"title":"Restorative Justice as a Solution Action Criminal Excice on Cigarette","authors":"Rinaldy Amrullah, Diah Gustiniati, Tri Andrisman","doi":"10.30631/alrisalah.v22i2.1249","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1249","url":null,"abstract":"In the era of modernization, many occur something crime among Indonesian society culminating in the courts, where the public tends to use the courts as an effort to resolve conflict. This causes a buildup of cases that flows through the courts, which can hinder the justice system, particularly in Indonesia. Against excisable goods or cigarettes area free (Free Trade Zone) which handled Customs and Excise duty in some areas not yet there is which until to process Justice. Problem main for implementing or applying the approach or draft justice restorative (restorative Justice) is due to the mechanism offered by the policy, or the concept of restorative Justice (restorative Justice) puts forward the idea of peace, the concept of \"mediation,\" and the concept of reconciliation in which perpetrators, victims, law enforcement officers, and the wider community directly participate in each other for taking part in settle things criminal. The formulation of the problem in this paper is what is the legal standing for the application of restorative Justice, and how is restorative Justice applied in excise crimes? This research uses normative juridical law methods and is supported by empirical juridical research. The results of this study indicate that customs and excise violations can be carried out or resolved by restorative Justice without having to go through a court process.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128041684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1254
Rahmat Hidayat, Jayusman DJusar, Efrinaldi Efrinaldi, R. Sari
Divorces is often lead to multiple violations of children's rights due to parental conflicts. Therefore, this research reviewed maqāsid al-syarī'ah on the fulfillment of children's rights after divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency. It was field research and employed a descriptive qualitative method. Data were gathered by observation, in-depth interviews, and documentation, and accompanied by inductive analysis. Subsequently, this research found that the fulfillment of children's rights following parental divorce in the village has been sub-optimal. The majority of fathers are unemployed and unable to fulfill their obligations of providing a living, attention, and affection for children. The contributing factor is the fathers’ irresponsibility, which impedes the achievement of maintenance benefits to the children’s life (hifz an-nafs). These findings may have implications for the need to increase the understanding of divorced parents regarding the fulfillment of children's rights and the importance of the role of the extended family in ensuring offspring are not neglected.
{"title":"Review of Maqāsid al-Syarī'ah Concerning the Fulfillment of Child Rights Post-Divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency","authors":"Rahmat Hidayat, Jayusman DJusar, Efrinaldi Efrinaldi, R. Sari","doi":"10.30631/alrisalah.v22i2.1254","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1254","url":null,"abstract":"Divorces is often lead to multiple violations of children's rights due to parental conflicts. Therefore, this research reviewed maqāsid al-syarī'ah on the fulfillment of children's rights after divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency. It was field research and employed a descriptive qualitative method. Data were gathered by observation, in-depth interviews, and documentation, and accompanied by inductive analysis. Subsequently, this research found that the fulfillment of children's rights following parental divorce in the village has been sub-optimal. The majority of fathers are unemployed and unable to fulfill their obligations of providing a living, attention, and affection for children. The contributing factor is the fathers’ irresponsibility, which impedes the achievement of maintenance benefits to the children’s life (hifz an-nafs). These findings may have implications for the need to increase the understanding of divorced parents regarding the fulfillment of children's rights and the importance of the role of the extended family in ensuring offspring are not neglected.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131536996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1244
Yuliatin Yuliatin
Polygamy is allowed in Indonesia, providing the act is justified by religion and the rules of marriage law. A husband who wants to have more than one wife must fulfil various requirements of the Court. Based on the principle of “audi alteram partem,” the Supreme Court panel assesses the consideration of the Jambi Provincial Religious High Court against the answers, evidence, and witnesses presented by the defendant. This is to ensure the right decision is made, though the case was submitted late and no trial was filed. This research found that the Supreme Court deems a polygamy permit compulsory and aims to protect the welfare of the parties bound in the marriage. The word “can” in The Compilation of Islamic Law (KHI) article 71A showed that a marriage annulled due to polygamy without court permission is tentative or facultative. This indicated an annulment application must be submitted to the Court and the final decision is dependent on the assessment of the benefit of the wife and/or children. The legal consequence, based on the decision of the Religious Court to accept the marriage itsbat and the refusal to cancel the marriage bond, is that the children of the second wife will receive inheritance rights from the father, including property obtained with the first wife.
{"title":"Judges Considerations in Canceling Polygamous Marriages in Religious Courts","authors":"Yuliatin Yuliatin","doi":"10.30631/alrisalah.v22i2.1244","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1244","url":null,"abstract":"Polygamy is allowed in Indonesia, providing the act is justified by religion and the rules of marriage law. A husband who wants to have more than one wife must fulfil various requirements of the Court. Based on the principle of “audi alteram partem,” the Supreme Court panel assesses the consideration of the Jambi Provincial Religious High Court against the answers, evidence, and witnesses presented by the defendant. This is to ensure the right decision is made, though the case was submitted late and no trial was filed. This research found that the Supreme Court deems a polygamy permit compulsory and aims to protect the welfare of the parties bound in the marriage. The word “can” in The Compilation of Islamic Law (KHI) article 71A showed that a marriage annulled due to polygamy without court permission is tentative or facultative. This indicated an annulment application must be submitted to the Court and the final decision is dependent on the assessment of the benefit of the wife and/or children. The legal consequence, based on the decision of the Religious Court to accept the marriage itsbat and the refusal to cancel the marriage bond, is that the children of the second wife will receive inheritance rights from the father, including property obtained with the first wife.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123958348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1270
Budiarsih Budiarsih, Y. A. Mangesti, Muhammad Chaidar
This study aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.
{"title":"The Problem of Non-Communicable Disease Service Policy During Covid -19 in Indonesia and Malaysia","authors":"Budiarsih Budiarsih, Y. A. Mangesti, Muhammad Chaidar","doi":"10.30631/alrisalah.v22i2.1270","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1270","url":null,"abstract":"This study aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123439092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.30631/alrisalah.v22i2.1277
Debora S. Panjaitan, A. Frinaldi
This study aims to analyze the innovation culture of Village Owned Enterprises (BUMDes) and the application of the Sound Governance dimension in developing programs for the welfare of the people in Sibolahotang Sibulele Aritonang Sitampulak (SAS) Village. This type of research is qualitative research that uses descriptive methods and is carried out in the village of Sibolahotang SAS. Data collection techniques were carried out through observation, interviews, and recording. The data analysis technique used Manual Data Analysis Procedure (MDAP) analysis, which was to analyze interview transcription data that had been obtained in the field. The results show that the innovation culture of BUMDes in Sibolahotang SAS Village has not been effective and efficient which shows that there are 4 problems, namely Human Resources that are still weak, have not developed the potential of existing village assets, financial resources are still low, and there is no collaboration with the private sector. The completion stage of this problem is conducting knowledge development training for Human Resources in financial reporting for the BUMDes Mandiri program, collaboration with the private sector, and it is hoped that the village government will also provide facilities and infrastructure that can facilitate the management of independent BUMDes in Sibolahotang SAS Village. so that it can run effectively and efficiently.
{"title":"Analysis of Innovation Culture and Sound Governance on Mandiri BUMDes Program in Sibolahotang Village","authors":"Debora S. Panjaitan, A. Frinaldi","doi":"10.30631/alrisalah.v22i2.1277","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1277","url":null,"abstract":"This study aims to analyze the innovation culture of Village Owned Enterprises (BUMDes) and the application of the Sound Governance dimension in developing programs for the welfare of the people in Sibolahotang Sibulele Aritonang Sitampulak (SAS) Village. This type of research is qualitative research that uses descriptive methods and is carried out in the village of Sibolahotang SAS. Data collection techniques were carried out through observation, interviews, and recording. The data analysis technique used Manual Data Analysis Procedure (MDAP) analysis, which was to analyze interview transcription data that had been obtained in the field. The results show that the innovation culture of BUMDes in Sibolahotang SAS Village has not been effective and efficient which shows that there are 4 problems, namely Human Resources that are still weak, have not developed the potential of existing village assets, financial resources are still low, and there is no collaboration with the private sector. The completion stage of this problem is conducting knowledge development training for Human Resources in financial reporting for the BUMDes Mandiri program, collaboration with the private sector, and it is hoped that the village government will also provide facilities and infrastructure that can facilitate the management of independent BUMDes in Sibolahotang SAS Village. so that it can run effectively and efficiently.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125656357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-28DOI: 10.30631/alrisalah.v22i2.1242
Erdianto Effendi, S. Putra
This study analyzed the resolution of specific criminal cases within the indigenous peoples of Kuantan Singingi, Riau. The shift in customary laws towards a modern legal system has caused various problems, including accumulating case files and overcapacity in prisons. This occurred because the community has also lost its grip on solving problems with the existing customary laws. Therefore, this study involved interviews with chairpersons, secondary leaders, customs on conflict resolution among indigenous peoples, and the use of primary data. The results highlighted that the customary settlement of criminal cases can sufficiently resolve conflicts in the community. Furthermore, it overcame the accumulation of case files in the courts and overcapacity in penitentiary institutions.
{"title":"Customary Settlement of Certain Criminal Cases in the Indigenous Community of Kenegerian Benai, Kuantan Singingi","authors":"Erdianto Effendi, S. Putra","doi":"10.30631/alrisalah.v22i2.1242","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1242","url":null,"abstract":"This study analyzed the resolution of specific criminal cases within the indigenous peoples of Kuantan Singingi, Riau. The shift in customary laws towards a modern legal system has caused various problems, including accumulating case files and overcapacity in prisons. This occurred because the community has also lost its grip on solving problems with the existing customary laws. Therefore, this study involved interviews with chairpersons, secondary leaders, customs on conflict resolution among indigenous peoples, and the use of primary data. The results highlighted that the customary settlement of criminal cases can sufficiently resolve conflicts in the community. Furthermore, it overcame the accumulation of case files in the courts and overcapacity in penitentiary institutions.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128390358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
{"title":"The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia","authors":"I. Ismail, Busyro Busyro, Nofiardi Nofiardi, Fajrul Wadi, Hanif Aidhil Alwana","doi":"10.30631/alrisalah.v22i2.1243","DOIUrl":"https://doi.org/10.30631/alrisalah.v22i2.1243","url":null,"abstract":"This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.","PeriodicalId":366373,"journal":{"name":"Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122167551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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