Pub Date : 2024-04-12DOI: 10.18592/sjhp.v23i2.12545
Eko Budiono, O. S. Mukhlas, Mustofa Mustofa, Ending Solehudin, Ahmad Hasan Ridwan
The purpose of this study is to comprehensively analyze the construction and legal certainty of replacement heirs in the compilation of Islamic law and its application in the religious courts of the DKI Jakarta region. This research uses a qualitative method with a normative legal approach, legislation, decision analysis, and Islamic law literature. Primary sources are obtained from the decisions of the religious courts of the DKI Jakarta high religious court region numbered: 131/pdt.p/2022/pa.jp, 339/pdt.p/2021/pa.jp, 166/pdt.p/2021/pa-jb, 3950/pdt.g/2020/pa-js, the compilation of Islamic law, and other legal materials related to inheritance. Meanwhile, secondary sources are obtained from literature searches such as books, documents, and journals that have the same relevance as this research. After the data is obtained and collected, data will be filtered and grouped according to its type, then the data is analyzed using descriptive analysis to be able to provide an overview of the existing problems. The results showed that, the legal construction of the concept of substitute heirs in the Compilation of Islamic Law in the Religious Courts in the DKI Jakarta PTA region by placing the position of substitute heirs by applying justice to the inheritance of his parents who had died before the heir. The research confirms the legal construction and rationale behind substitute heirs in Islamic inheritance law, highlighting their significance in inheritance disputes. Recognized under KHI Article 185, substitute heirs play a crucial role in ensuring fairness and equity in inheritance distribution. However, obstacles such as public awareness, evidentiary challenges, and conflicts with local customs impede the effective implementation of the substitute heir rule.
本研究的目的是全面分析伊斯兰法汇编中替代继承人的构建和法律确定性及其在雅加达DKI地区宗教法庭中的应用。本研究采用定性研究方法，采用规范性法律方法、立法、判决分析和伊斯兰法文献。主要资料来源于编号为 131/PDT.P/2022/PA.JP、339/PDT.P/2021/PA.JP、166/PDT.P/2021/PA-JB、3950/PDT.G/2020/PA-JS 的 DKI 雅加达高级宗教法庭地区宗教法庭的裁决、伊斯兰法汇编以及其他与继承相关的法律资料。同时，通过文献检索获得二手资料，如与本研究相关的书籍、文件和期刊。在获取和收集数据后，将根据数据类型对数据进行筛选和分组，然后采用描述性分析方法对数据进行分析，以便对存在的问题进行概述。研究结果表明，《雅加达地区宗教法院伊斯兰教法汇编》中替代继承人概念的法律构建，是通过对先于继承人去世的父母的继承权适用公正原则，将替代继承人置于继承人的地位。研究证实了伊斯兰继承法中替代继承人的法律结构和基本原理，强调了他们在继承纠纷中的重要性。根据《伊斯兰教法》第 185 条的规定，替代继承人在确保遗产分配的公平和公正方面发挥着至关重要的作用。然而，公众意识、证据挑战以及与当地习俗的冲突等障碍阻碍了替代继承人规则的有效实施。
{"title":"Analyzing the Legal Framework of Substitute Heirs in Islamic Inheritance Cases: DKI Jakarta High Religious Courts Perspective","authors":"Eko Budiono, O. S. Mukhlas, Mustofa Mustofa, Ending Solehudin, Ahmad Hasan Ridwan","doi":"10.18592/sjhp.v23i2.12545","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12545","url":null,"abstract":"The purpose of this study is to comprehensively analyze the construction and legal certainty of replacement heirs in the compilation of Islamic law and its application in the religious courts of the DKI Jakarta region. This research uses a qualitative method with a normative legal approach, legislation, decision analysis, and Islamic law literature. Primary sources are obtained from the decisions of the religious courts of the DKI Jakarta high religious court region numbered: 131/pdt.p/2022/pa.jp, 339/pdt.p/2021/pa.jp, 166/pdt.p/2021/pa-jb, 3950/pdt.g/2020/pa-js, the compilation of Islamic law, and other legal materials related to inheritance. Meanwhile, secondary sources are obtained from literature searches such as books, documents, and journals that have the same relevance as this research. After the data is obtained and collected, data will be filtered and grouped according to its type, then the data is analyzed using descriptive analysis to be able to provide an overview of the existing problems. The results showed that, the legal construction of the concept of substitute heirs in the Compilation of Islamic Law in the Religious Courts in the DKI Jakarta PTA region by placing the position of substitute heirs by applying justice to the inheritance of his parents who had died before the heir. The research confirms the legal construction and rationale behind substitute heirs in Islamic inheritance law, highlighting their significance in inheritance disputes. Recognized under KHI Article 185, substitute heirs play a crucial role in ensuring fairness and equity in inheritance distribution. However, obstacles such as public awareness, evidentiary challenges, and conflicts with local customs impede the effective implementation of the substitute heir rule.","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"12 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140710190","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 : 2024-02-09DOI: 10.18592/sjhp.v23i2.12304
Y. Kobko, H. Foros, Khrystyna Shperun, Oleksandr Nikitinskyi, R. Savchuk
The research aims to uncover the legal regulations pertaining to the protection of minors' personal data, considered a crucial component of informational security. Through an analysis of Ukrainian and European legislation, in conjunction with the General Data Protection Regulation and the California Consumer Privacy Act, this study seeks to explore preventive measures against third-party abuse of children's information. The research highlights the responsibilities imposed on state authorities and legal entities, based on Ukrainian and European legislation, to safeguard personal data. The methodology employed in this article involves the utilization of both general scientific and specialized methods of scientific cognition. The specificity of the research subject, along with its purpose and tasks, guided the selection of these methods. The research results reveal various problematic issues related to the collection, storage, use, and distribution of personal data of minors. The obligation to protect an individual's rights to the processing and preservation of personal data or private information is a responsibility placed on state authorities in accordance with the legislation of Ukraine and European countries (Germany, Switzerland, France, Italy, Norway, Great Britain), as well as on legal entities that own or store the specified personal data. In conclusion, the protection of personal data emerges as a fundamental right, integral to the broader rights of family and private life. The study also underscores the importance of international cooperation mechanisms in addressing this multifaceted issue.
{"title":"Safeguarding Minors' Personal Data: Legal Principles in Information Security in Ukraine and Eurupean","authors":"Y. Kobko, H. Foros, Khrystyna Shperun, Oleksandr Nikitinskyi, R. Savchuk","doi":"10.18592/sjhp.v23i2.12304","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12304","url":null,"abstract":"The research aims to uncover the legal regulations pertaining to the protection of minors' personal data, considered a crucial component of informational security. Through an analysis of Ukrainian and European legislation, in conjunction with the General Data Protection Regulation and the California Consumer Privacy Act, this study seeks to explore preventive measures against third-party abuse of children's information. The research highlights the responsibilities imposed on state authorities and legal entities, based on Ukrainian and European legislation, to safeguard personal data. The methodology employed in this article involves the utilization of both general scientific and specialized methods of scientific cognition. The specificity of the research subject, along with its purpose and tasks, guided the selection of these methods. The research results reveal various problematic issues related to the collection, storage, use, and distribution of personal data of minors. The obligation to protect an individual's rights to the processing and preservation of personal data or private information is a responsibility placed on state authorities in accordance with the legislation of Ukraine and European countries (Germany, Switzerland, France, Italy, Norway, Great Britain), as well as on legal entities that own or store the specified personal data. In conclusion, the protection of personal data emerges as a fundamental right, integral to the broader rights of family and private life. The study also underscores the importance of international cooperation mechanisms in addressing this multifaceted issue.","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140528340","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 : 2024-01-30DOI: 10.18592/sjhp.v23i2.12257
Yevhen Leheza, O. Sinkevych, Zorina Kravtsova, O.M. Kudriavtseva, Ievgeniia Cherniak
Abstract: The purpose of the research is to disclose human rights to an environment safe for life and health. Main content. The article reveals relationship between the concepts of “human rights” and "citizen’s rights” in the environmental sphere, “ecological rights”, “ecological responsibilities” and “the human right to an environment safe for life and health”. The war initiated by Russia caused significant damage to the environment, social and industrial infrastructure, flora and fauna. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of the essence of human rights to an environment safe for life and health. Conclusions. The legal grounds for the allocation of ecological rights to a separate institution in the system of constitutional rights are singled out, and their definition is derived. It was emphasized that Ukrainian citizens and non-governmental organizations made a lot of efforts to document the damages. In particular, EcoAction and Environment People Law organizations collect and publish relevant data on an ongoing basis. Thus, the "EcoZagroza" platform regularly publishes estimates of damages caused by environmental crimes, these estimates are calculated by the State Environmental Inspectorate of Ukraine. Key words: human right, constitutional law, environmental conservation, environmental legislation, law.
{"title":"The Human Right to an Environment Safe for Life and Health: Legal Regulation, Contemporary Challenges and Comparative Perspectives","authors":"Yevhen Leheza, O. Sinkevych, Zorina Kravtsova, O.M. Kudriavtseva, Ievgeniia Cherniak","doi":"10.18592/sjhp.v23i2.12257","DOIUrl":"https://doi.org/10.18592/sjhp.v23i2.12257","url":null,"abstract":"Abstract: The purpose of the research is to disclose human rights to an environment safe for life and health. Main content. The article reveals relationship between the concepts of “human rights” and \"citizen’s rights” in the environmental sphere, “ecological rights”, “ecological responsibilities” and “the human right to an environment safe for life and health”. The war initiated by Russia caused significant damage to the environment, social and industrial infrastructure, flora and fauna. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of the essence of human rights to an environment safe for life and health. Conclusions. The legal grounds for the allocation of ecological rights to a separate institution in the system of constitutional rights are singled out, and their definition is derived. It was emphasized that Ukrainian citizens and non-governmental organizations made a lot of efforts to document the damages. In particular, EcoAction and Environment People Law organizations collect and publish relevant data on an ongoing basis. Thus, the \"EcoZagroza\" platform regularly publishes estimates of damages caused by environmental crimes, these estimates are calculated by the State Environmental Inspectorate of Ukraine. \u0000Key words: human right, constitutional law, environmental conservation, environmental legislation, law. \u0000 ","PeriodicalId":518792,"journal":{"name":"Syariah: Jurnal Hukum dan Pemikiran","volume":"83 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140529692","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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