Law Review Research Articles

PEMBAGIAN HARTA WARISAN MASYARAKAT NAGARI AIR BANGIS KECAMATAN SUNGAI BEREMAS KABUPATEN PASAMAN BARAT PERSPEKTIF HUKUM ISLAM

This study examines the distribution of inheritance of the community of Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. From these problems the questions arise: (1) What is the system for distributing inheritance to the people of Nagari Air Bangis? (2) What is the view of Islamic law regarding the system of distributing inheritance in Nagari Air Bangis? This research is descriptive field research with a qualitative approach, namely research that understands what phenomena occur in the field, then analyzes the data using the source triangulation method. The results of this research are that the consideration of the Nagari Air Bangis community in implementing more inheritance distribution to men is based on the agreement of the heirs with the aim of having more male heirs, apart from that there are other factors such as customs and culture that have been passed down from generation to generation as well as the lack of public knowledge about division of inheritance in Islam. A review of Islamic law regarding the considerations used by the people of Nagari Air Bangis in implementing more distribution of inheritance to men in Islam is permissible, by following the provisions that apply therein, namely that each heir must know the share of each heir. before inheritance assets are distributed as stated in KHI Article 183.

Definition of Legal Norms by Administrative Court

The court system is independent and it is exercised by the Constitutional Court of Georgia and the General Courts of Georgia.[1] As it is well known, the function of the court is to decide the disputed issue in favor of the side towards which the scales of law and justice lean, and not only to control the relevant systems, but also to promote their formation and development[2]. Court independence is a prerequisite for the fundamental guarantee of the rule of law and due process. A judge must inspire public confidence in the independence, fairness and impartiality of the law.[3] The purpose of this article is to determine the peculiarity of the interpretation of the administrative norm by the court. A parallel will be made with the approaches established in the European experience and literature. [1] Constitution of Georgia, Art. 59. [2] Bator M., What is wrong with Supreme Court, University of Pittsburgh Law Review, Vol. 51, Issue 3, 1990, 697. [3] Ethics of Judge <http://hcoj.gov.ge/ka/> [06.08.2023].

THE PRACTICE OF POLYANDRY MARRIAGE IN WOLWAL VILLAGE IN THE PERSPECTIVE OF SOCIOLOGY OF ISLAMIC LAW

This study aims to find out how polyandry marriages are practiced in Wolwal Village, Alor Barat Daya District, Alor Regency, East Nusa Tenggara Province. This type of research is a type of qualitative research using field research methods, so that researchers go directly to the community and obtain valid data. The procedure of this research is data collection, data reduction, data presentation and the stage of verification or drawing conclusions. Based on the data collected then analyzed using a sociological normative approach, namely by assessing the facts or realities that exist in society or the values ​​that are held in society, whether marriage is in accordance with the rules of Islamic teachings or actually deviates. The instruments used were observation, interviews, and documentation related to polyandry marriages in Wolwal Village. Based on the research results obtained, the researchers concluded that there were polyandry marriages in Wolwal Village. This marriage was caused on the basis of ignorance about the marriage procedure recommended by Islamic law and also other factors that increased within the perpetrator of the marriage so that the marriage took place. Meanwhile, in a sociological review of Islamic law, there is a prohibition in polyandry marriages due to the fact that in this marriage there will be defects in family relations or in society in general and not knowing the biological children of the couple.

Indonesia Sharia Stock Investment During Covid-19: Based on Islamic Economic Law Review

The development of technology and financial literacy has increased the number of Indonesians who use stocks as an investment instrument. This also has an impact on the popularity of Islamic stocks. This is because many people are interested in Islamic investment instruments. However, the COVID-19 pandemic has had a significant impact on stock price movements. Sharia stock prices have also experienced very volatile movements due to the COVID-19 pandemic. This phenomenon raises the question of whether investing in Islamic stocks during the COVID-19 pandemic is against Islamic economic law. This is because Islamic stock prices seem to be filled with uncertainty and have experienced a very significant price decline. Moreover, due to the COVID-19 pandemic, the number of stock investors is increasing rapidly. This article aims to analyze Islamic stock investment during the COVID-19 pandemic through the perspective of Islamic economic law. To analyze this issue, this article collects data through library research. The data were analyzed using qualitative methods. In the end, this article finds that investing in Islamic stocks during the COVID-19 pandemic does not contradict the principles of Islamic economic law. Instead, this article suggests that the public can take advantage of a certain momentum to start investing in Islamic stocks.

Examining Prepaid Rent at Arisan Gadai in Review of Positive Law and Islamic Law (Case Study of PT Pegadaian Syariah Tbk)

Examining Prepaid Rent at Arisan Gadai in Review of Positive Law and Islamic Law (Case Study of PT Pegadaian Syariah Tbk)

The Role of the Constitutional Court in Strengthening Indonesian Democracy: A Perspective on the Sovereignty of Law and the Distribution of Power

This study aims to explore the crucial role of the Constitutional Court in upholding the Sovereignty of Law, maintaining the Distribution of Power, and strengthening democracy in Indonesia. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the Constitutional Court plays a central role in strengthening democracy through judicial review of laws, protection of human rights, oversight of the executive and legislative branches, and maintenance of the balance of power and social harmony. The Court also acts as a guide for just public policy and a guardian of social harmony within Indonesia’s legal pluralism. Therefore, it is recommended that the Constitutional Court continue to strengthen its role, enhance its dialogical approach with the public, and promote transparency in decision-making. The Government and Legislators need to pay attention to the principles of the Constitution, social justice, and human rights in formulating legislation and implementing Constitutional Court decisions with total commitment. The public is expected to monitor and demand the active implementation of constitutional court decisions. Collaboration among the Constitutional Court, the Government, Legislators, and the public is critical to realizing a democratic and just society in Indonesia.

Criminal Law Review of Accident Victims' Personal Data Protection Rights

Criminal Law Review of Accident Victims' Personal Data Protection Rights

Fish Marketing Strategy in Attracting Consumers from a Sharia Economic Law Perspective

This research is about fish marketing strategies for attracting consumers from a sharia economic law perspective in Sengkang Mini Market, Wajo District. This research is motivated by the strategies of fish sellers who use various methods to gain profits; some of these strategies are not in accordance with sharia economic principles. The objectives of this research are: 1) To determine the market conditions faced by fish sellers at the Sengkang Mini Market. 2) To find out the marketing strategies used by sellers at Sengkang Mini Market. 3) To find out an overview of sharia economic law regarding the marketing strategies carried out by fish sellers at the Sengkang Mini Market. In this research, researchers used qualitative research with normative, sociological, and psychological approaches. Data collection techniques were carried out by means of observation, interviews, and documentation. Data analysis techniques are carried out in three stages: data reduction, data presentation, verification, and conclusions. The results of the research show that the market conditions faced by fish sellers at the Mini Sengkang market experienced a decline in income after the market renovation last year, and fish sellers often did not make a profit in a day. The marketing strategy used by fish sellers at the Sengkang Mini Market to gain profits is by using a marketing mix, namely: product, price, location, and promotion. From the review of sharia economic law, the marketing strategies carried out by fish sellers at the Sengkang Mini Market are partly in accordance with sharia economic principles.

Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia

The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial review of laws and regulations can be liberalized by law because its power violates the constitutionality of the law.

Halal Product Guarantee Law on Grab Food application services in Providing Protection to Consumers

Objectives: The primary goal of this research is to scrutinize the efficacy of consumer protection mechanisms in ensuring the safety of halal products within digital platforms, specifically within the context of the Grab Food application service.
 
 Methods: To achieve the research objectives, a normative juridical research approach is employed. This method involves a comprehensive literature review of relevant laws and regulations, focusing on Halal Product Guarantees as outlined in Law Number 33 of 2014. Additionally, connections are explored with Law Number 8 of 1999 concerning Consumer Protection to provide a holistic legal perspective.
 
 Results: The research underscores the pivotal role played by Law Number 33 of 2014 in overseeing the adherence of business entities, including services like Grab Food, to the established halal product standards. Despite the dual nature of this law, necessitating sanctions and law enforcement, the study brings to light obstacles associated with the absence of a feature within the Grab Food application. This feature would enable merchant partners to affix halal labels to their products. The findings indicate that a deficiency in such features poses challenges to maintaining transparency in product information, potentially causing financial losses for business entities.
 
 Conclusion: In conclusion, the study highlights the necessity of enhancing features within digital applications, like Grab Food, to facilitate merchant partners in fulfilling their halal certification obligations. By addressing this gap, the business integrity can be upheld, ensuring compliance with halal standards, and meeting the expectations of consumers who prioritize halal considerations in their food choices. The research advocates for the development of additional application features as a crucial step in bolstering consumer confidence and streamlining compliance for businesses operating in the digital food and beverage sector.

TINJAUAN HUKUM PIDANA ISLAM TERHADAP SANKSI TINDAK PIDANA PEMERKOSAAN PADA ANAK DI BAWAH UMUR (Studi Putusan Nomor 3/Pid.Sus-Anak/2019/PN Msh)

The crime of rape is often experienced by children who are relatively young (underage). In children, the innocent nature of a child who is unable to predict behavioral tendencies will make it easier for rape crimes to occur. Children who are still very economically and socially dependent on adults are often used as an outlet for their desires. The focus of the study in this thesis is: 1. What is the basis for the judge's considerations in deciding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). 2. What is the review of Islamic criminal law regarding sanctions for the crime of rape of minors (Decision Study Number 3/Pid.Sus-Anak/2019/PN Msh). This research uses a normative juridical approach. The data source for this research is primary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by means of library research. The results of this research conclude that the Judge's Basic Considerations Number 3/Pid.Sus-Anak/2019/Pn/Msh in cases of rape of minors took into account juridical and sociological considerations by sentencing the defendant to imprisonment for 3 (three) years and 6 (six) months at the Special Child Development Institute (LPKA), and Job Training for 1 (one) month, and a review of Islamic criminal law regarding decision Number 3/Pid.sus-Anak/2019/Pn/Msh is hudud law, where the punishment is included in the Jarimah of adultery, the punishment is being whipped 100 times and exiled for a year.
 Keywords: Child Rape, Criminal Sanctions, Adultery.

THE SYSTEM OF BUYING AND SELLING ARISAN MONEY IN ANTHROPOLOGY REVIEW OF ISLAMIC LAW (Case Study In Toteker Hamlet, West Banuaju Village, Batang-Batang, Sumenep)

The sale and purchase of arisan money in Toteker Hamlet, West Banuaju Village, Batang-Batang District, Sumenep is a practice that has been carried out for generations, not only by members of the arisan from among the farmers, but also by members of community leaders, and the parties involved become the power it is interesting to reveal the reasons and factors behind it, as well as the unclear status of Islamic law. This study aims to analyze the system of buying and selling arisan money in an anthropology review of Islamic law, revealing the identity of the parties involved, the underlying factors, and the reasons for carrying out the practice of buying and selling. This research method uses field qualitative methods with data collection procedures through observation, interviews, and documentation. The results showed that the system of buying and selling arisan money is an act that is forbidden because there is an additional advantage from buying and selling money with the same type of money, this is done under forced circumstances, and there is hilah done by one of the community leaders.Keywords: Anthropology, Buying and Selling, Arisan

Editorial

In the profound wisdom of Frantz Fanon’s words, we are reminded that language is a tapestry woven beyond the confines of grammar and basic communication. Fanon urges us to understand that language is the assumption of a culture and a pillar of civilisation. For Kabarak Law Review, language is a culture of diligence, excellence, academic rigour, cooperation and service. Language for us means breaking down frontiers and hegemonic structures thereby producing cutting edge Afrocentric legal research to support the weight of our African civilisation. To this end, Kabarak Law Review 2022-2023 Editorial Board is pleased to present the first double-blind peer reviewed issue of our journal, Kabarak Law Review Volume 2(2023). Within its pages, we invite you to reflect on the transformative power of language and immerse yourselves in the cadence of words, ideas and intellectualism that define our commitment to legal scholarship.

APPLICATION OF MAINTENANCE DURING THE WAITING PERIOD ('IDDA'): A PERSPECTIVE FROM OTTOMAN AND TURKISH CIVIL LAW

This study examines the Islamic perspective on alimony or maintenance during 'idda, which is the waiting time a divorced woman must observe before remarrying. The study will also evaluate Ottoman law's application to a divorced woman's maintenance during the waiting time by analysing court records from its six-century history. Finally, the study will explain how poverty alimony practices are handled in Turkish law. This study used a mixed-methods research design involving qualitative and quantitative data collection and analysis techniques. The study will begin with a literature review of Islamic, Ottoman, and Turkish law to establish a theoretical framework for the research. The literature review will also provide an overview of the existing scholarship on the topic, identify gaps in the literature, and inform the research questions. The study used a purposive sampling technique to select court records from the Ottoman era relevant to the research questions. The chosen court records will be analysed using content analysis to identify the legal principles that guided the court's decision-making on alimony or maintenance during the 'idda. The study aims to comprehensively analyse the Islamic perspective on alimony or maintenance during the `idda period and evaluate the Ottoman law's application to a divorced woman's maintenance during the waiting time. The study also explains how poverty alimony practices are handled in Turkish law. The study's findings will contribute to the existing literature on Islamic law, Ottoman law, and Turkish law and provide insights for policymakers, legal experts, and women who have gone through the divorce process in Turkey.

MULTI AKAD PADA PRAKTEK ARISAN ONLINE UNTUK PEMBELIAN JAM TANGAN (STUDI KASUS AKUN INSTAGRAM @SAFA.WATCH12)

This study aims to answer how the Islamic Law Review of Online Gathering for Purchasing Watches (Case Study of the Instagram Account @safa.watch12). This type of research is field research (Field Research). Based on the results of the research in terms of Islamic law, the arisan becomes valid if the goods obtained are in accordance with the arisan provisions, namely Alexandre Christie watches and the arisan law becomes invalid if the watch is replaced with another brand of course there is unwillingness because in the arisan provisions it is not permissible to resign so that participants received the hours that were available when getting the social gathering and did not match the initial deposit because the money from the gathering was mandated to buy only Alexandre Christie brand watches.
 Keywords: Arisan Online, Buy and Sell, Islamic Law

International law for public health in aviation: the challenges of harmonisation

International laws for commercial aviation have achieved an exceptional degree of harmonisation and greatly improved passenger safety. Yet, despite much international guidance, enforceable laws for public health protection in aviation are mainly the responsibility of national authorities. As a result, public health laws may be incoherent, in conflict with other countries and/or based on disputed scientific evidence. The COVID-19 pandemic has highlighted the responsibility of airlines and regulatory authorities to protect not only air passengers but also populations in destination countries. While the greatest risk to global public health is the potential spread of disease by infected passengers or vectors, lesser-known risks include food contamination, inadequate sanitary facilities and poor air quality within the cabin. In preparedness for inevitable future disease outbreaks and pandemics, an urgent review of international law as it applies to public health in commercial aviation is needed, with greater investment in scientific research to enable more accurate and effective risk assessment and management, supported by enforceable laws and clear responsibility.

HIJAB DIALECTICS AMONG VEILED STUDENT’S AT SYEKH ALI HASAN AHMAD ADDARY STATE ISLAMIC UNIVERSITY

Discussions related to the veil have always been interesting material on various scientific backgrounds both in social studies, psychology, education, and especially in the study of Islamic law. The veil is a phenomenon that invites various controversies between daily understandings and views of Islamic law. Users themselves sometimes do not understand the legal basis clearly, however, because the urge to use it is stronger than knowledge, they continue to wear it while understanding the legal basis, so that sometimes it becomes a very strong challenge to the wearer. This research is descriptive qualitative research to know the understanding of female students who use the veil against the law in Islamic law. Data collection techniques used observation techniques, interviews, and document studies, however, due to limitations in data acquisition, closed interviews were preferred. The data analysis technique uses data triangulation, namely collection (classification), data display, and analysis (verification). The results of this study indicate that female students' understanding of the law on wearing the veil is classified as low, especially on a basic understanding of the law of the veil. They just understand the context of the definition and the difference between the headscarf, khimar, and veil which are more factual and social. They still rely on social media as a place to study plus studies with their communities. So the researchers concluded that in understanding they still need guidance from various parties, especially the academic community in providing an understanding of the actual veil in the review of Islamic law so that their identity is getting stronger.

Zakat Obligasi dalam Perspektif Hukum Islam

This research aims to determine the status of bonds in Islamic law, understand the Islamic law review of zakat on bonds, and find out how to calculate zakat on bonds in Islam. This research is library research using descriptive analysis techniques. The results of this research show that: (1) The status of bonds in Islam is halal and zakat is mandatory; (2) In reviewing Islamic law, scholars have different opinions regarding the issuance of zakat on bonds, the first opinion states that bonds are not subject to zakat because they contain elements of usury, while the second opinion states that zakat is required for bonds along with the interest. The second opinion is a strong opinion because conventional bonds require zakat to be issued on the nominal value of the bond itself at 2.5%. Meanwhile, the zakat that must be paid on sharia bonds, namely from the bond itself, both the bond and its profits, must pay 2.5% zakat; (3) How to calculate zakat on bonds in Islam, namely bonds at PT Bank Mandiri, zakat is calculated based on their nominal value, namely 1000 bonds times IDR 25,000 equals IDR 25,000,000 then 25,000,000 times the zakat rate (2.5%) the result is the same as IDR 625,000.

Children from Siri's Marriage as Heirs in Review of Civil Law and Islamic Law

Siri marriages are marriages that do not record their marital status to officials. Siri marriage has a number of detrimental effects on family formation, one of which is the lack of legal certainty in the distribution of inheritance. The author aims to determine the position, rights, and impacts of siri marriage for children of siri marriage as heirs in terms of civil law and Islamic law. The results showed that children from unregistered marriages could have civil ties with both parents and get their full rights if they received recognition from both parents. Meanwhile, Islamic law considers Siris marriage valid because it fulfills the conditions and harmony so that the child has the right to inherit in accordance with applicable regulations.

The Politicisation of Constitutional Review of Memory Laws

German Federal Constitutional Court’s review of memory laws – Poland’s Constitutional Tribunal review of memory laws – politicisation of the judicial review of memory laws – gouvernement des juges – abusive judicial review