Indonesia Conference Directory

Corresponding Author
Pujiyono Pujiyono

Institutions
(a) Faculty of Law Diponegoro University, Jalan Prof. Sudarto, SH Tembalang Kota Semarang
*pujifhundip[at]yahoo.com
(b) Faculty of Law Diponegoro University, Jalan Prof. Sudarto, SH Tembalang Kota Semarang

Abstract
The aims of this research is to analyse the acculturation of Islamic sharia with customary values in the development of Minangkabau customary criminal law and the construction of that customary criminal law. This study uses a socio legal approach, with primary and secondary data. The customary criminal law of the Minangkabau community is built from the acculturation of Islamic Sharia and Adat values. So that the term "Adat Basandi Sara", Sara "Basandi Kitabullah" appears as a legal institution that regulates both vertical and horizontal relationships. Sara -regulates human relations with God, each other and with nature. Understanding sara -is equated with‘ Adat. In baiah Marapalam stated "Adat nan Lhazhim Sara nan Qawi" means that custom is the prevalence of society that can be changed by community agreement. The philosophy and type of criminal sanctions for customary criminal law are influenced by the acculturation of Islamic Sharia with traditional values.

Keywords
Acculturation, Construction of Customary Criminal Law, Minangkabau

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/vgQpZwbMmHCX

Corresponding Author
Teddy Nopriyadi

Institutions
Student Of The Doctoral Program at The University Of Lampung

Abstract
Grant dispute between husband and wife with heirs from either husband or wife, will be more pointed when each party takes the path to defend their rights, this will be more protracted when the party who filed the grant claim does not know the nature of the absolute competence of the court that must they choose. For those who adhere to the religion of Islam, the parties can make legal efforts through the Religious Courts, but for those who adhere to a religion other than Islam, the authority to adjudicate is in the District Court.

Keywords
Keywords: Legal Impact, Marriage, Marriage Agreement, Bankruptcy.

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/Xy97nQb26cUW

Corresponding Author
Ilhamd Wahyudi

Institutions
Student Of The Doctoral Program at The University Of Lampung

Abstract
Basically, even constitutionally Islam is not legal as state religion, but ·, reality, Indonesia state has many adopting Islam principles in our life, nation and societal. There by its fair if Islam criminal law that written in tradition of Islam and has been applied at Islam state in world, applied also in Indonesia. Applying of Islam crime law utterly, as wanted by Islam thinkers, likely difficulty to be done in Indonesia, and if happened only miracle which can ver it. However contribution of Islam criminal law in positive law image cannot be overruled off hand. Many things which only be recognized in Islam crime law then starts recognized in our positive law.

Keywords
Keywords: Islamic Law, Indonesian Law, Unification.

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/TdDxfcmh2P7k

Corresponding Author
SITI MALIKHATUN BADRIYAH

Institutions
Faculty of Law, Diponegoro University Semarang, Indonesia

Abstract
ABSTRACT Encumbrance Rights is one of the collateral guarantees. The main function of guarantees is to provide creditors with confidence that the debtor will carry out the agreement. The existence of collateral gives a preferred position of encumbrance rights holders. Encumbrance Rights Holders also have separatist creditors positions. This is confirmed in the Encumbrance Rights Act and the Bankruptcy Act. On the other hand the Bankruptcy Act also regulates the existence of a waiting period which undermines the rights of separatist creditors. The study aims to create a model of resolving conflicting legal norms to provide legal protection to creditor of encumbrance rights holders in debtor bankruptcy. The research method used is socio legal. The facts show that there is a conflict of legal norms regarding the arrangement of Encumbrance Rights Holder between the Encumbrance Right Guarantee Act and the Bankruptcy Act, resulting in a dispute in the implementation of the encubrance rights in the case of a bankrupt debtor. This results in no legal certainty and a lack of legal protection for creditors of Encumbrance Rights Holder.

Keywords
Keywords: Conflict, Legal Norms, Encumbrance Rights, Separatist Creditors, Bankruptcy

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/xFmfntkE7z9M

Corresponding Author
Vellyadana Tiwisia

Institutions
Student Of The Doctoral Program at The University Of Lampung

Abstract
A marriage that is carried out with a marriage agreement has different consequences than a marriage that is carried out without a marriage agreement on assets, both for assets obtained before marriage or inborn property or assets obtained after the marriage takes place. Meanwhile, when viewed from traditional law, customary law does not recognize marriage agreements. The marriage agreement itself in western societies has individualistic and capillistic characteristics. Individualistic, because through a marriage agreement recognizes the independence of husbands property and wifes property. Capitalism because of its aim to protect households from bankruptcy in the business world, meaning that if one of the parties between a husband and wife goes bankrupt, then the other can still be saved.

Keywords
Keywords: Legal Impact, Marriage, Marriage Agreement, Bankruptcy.

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/AkuLqt4HgnYE

Corresponding Author
Karmawan Karmawan

Institutions
Universitas Islam Syekh-Yusuf

Abstract
The purpose of this study is to analyze the settlement of Islamic civil cases through mediation by analyzing the factors that determine the success and failure of cases resolved through mediation in the jurisdiction of the Banten High Court. This research is a kind of descriptive legal research using a qualitative approach. The type of data used is primary data and secondary data. Data sources used are primary data sources and secondary data sources. The results of this study include; 1) The failure factor; the parties did not want to make peace, the lack of knowledge of judges, and the role of advocates did not support peace; 2) success factors; the good faith of the parties, the type of dispute is easy, and the mediating judge helps reach an agreement. The conclusion of this research is that the more settlement of cases through mediation, the higher the level of justice perceived, and the fulfillment of the principle of justice that is simple, fast and low-cost promoting justice in society. Keywords: Success, failure, and Mediation,

Keywords
Success, failure, and Mediation

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/UxjQKeEFz7Ww

Corresponding Author
Nunung Rodliyah M.A.

Institutions
University of Lampung

Abstract
Awareness of muslims as a people the majority of the population to behave in islamic is one reason the development of syariah banking in indonesia. Significantly, in defending its existence, islamic banking industry continued to innovation for shariah products, in accordance with society development one of the Islamic banking products is ijarah muntahiyah bi al-tamlik. The ijarah muntahiyah bi al-tamlik contract is one of the relatively new contracts, because it combines several types of contracts in a contract. For some of these reasons, the authors are interested in discussing more about the legal aspects of the ijarah muntahiyah bi al-tamlik and how they are practiced in Islamic finance institutions. The research method used is a qualitative method with a type of normative juridical research. The conclusion obtained is that the contract of the ijarah muntahiyah bi al-tamlik which is a lease agreement that ends with ownership is permissible in Islam. This was confirmed by the DSN-MUI fatwa No. 27 / DSN-MUI / III / 2002 concerning the Ijarah muntahiyah bi al-tamlik. Even in practice, there have been several rules from Bank Indonesia and the Financial Services Authority which specifically regulate the implementation of the ijarah muntahiyah bi al-tamlik contract.

Keywords
Islamic Banking, Ijarah Muntahiyah Bi Al-tamlik, Contract.

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/aQKyVFzerEZM

Corresponding Author
Aisyah Ayu Musyafah

Institutions
Universitas Diponegoro, jl. Prof. H. Soedarto Tembalang Banyumanik

Abstract
The capital market is one indicator of a countrys economic growth. But in its development, capital market institutions in general, have several legal problems, especially the existence of gharar elements that are strong enough in their activities. As an effort to overcome this, the Islamic capital market institution was established. Therefore, this article aims to assess the operation of the Islamic capital market, whether it has been able to definitively eliminate the element of gharar in practice in the field, as well as how the mechanism is carried out for this purpose. This article is a normative juridical study using a historical and philosophical approach. From the study conducted, it can be concluded that the establishment of the Islamic capital market has shown significant efforts in removing the element of gharar in its operations.

Keywords
Islamic Capital Market, Islamic Law, Gharar

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/YFm72qN8Zzva

Corresponding Author
Nur Rochaeti

Institutions
(1) Faculty of Law Diponegoro University, 50275, Tembalang, Semarang

(2) Faculty of Law Diponegoro University, 50275, Tembalang, Semarang

Abstract
The indigenous court existence in Indonesian indigenous society is still recognized as an effort in resolving problems against indigenous violations and crime. The social regulations governing the conduct and order of Indonesian people are reflected in the provisions of Indigenous Law, as well as the criminal law provisions in Indigenous Criminal Law. Indigenous peoples use norms which very close to daily reality life (the living law) and found on various generations. This research aims to resolve the problem of Islamic Law as the basis for the formulation of indigenous court policies in the Kerapatan Adat Nagari (KAN) Institution of Minangkabau Community in West Sumatra. The study was conducted in Padang, West Sumatra. The method used is the socio-legal approach. The study location is the KAN Minangkabau Community Institution in Padang, West Sumatra. The results showed Islamic law as the basis for policy formulation of the indigenous court of KAN Institution.

Keywords
Islamic Law; Indigenous Courts; Kerapatan Adat Nagari Institutions; West Sumatra

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/wCb9cBuLaKP4

Corresponding Author
Islamiyati Islamiyati

Institutions
FH UNDIP
Jl. Prof. Soedarto No. 1 Tembalang

Abstract
The disharmonization the rule of law with the practice of waqf money is the main reason for renewing the waqf law. This research is analyzes and finding the reasons why must be carried legal reform of the implementation of money waqf and what is the concept of legal renewal? The benefits of research can provide ideas for the government in implementing legal policies of legal waqf money in Indonesia. Research includes socio-legal research, the method is empirical juridical approach. The results of his research is that the reason for the renewal of waqf money law because there are legal problems, among others; misunderstanding in money waqf, low money awareness, misscoordination between money waqf institutions (LKS-PWU, Nadzir, BWI), legality of money waqf in LKS-PWU is still in doubt, and lack of government attention in socializing waqf legal rules. Renewal of money waqf law according to the legal system theory approach, namely; legal structure, including; LKS-PWU carries out an open access strategy, fosters public trust in LKS-PWU, forms BWI professionals with integrated management, synergic cooperation between waqf money institutions. Legal substantion, including; a legal regulation was established which explained that the LKS-PWU as well as nadzir, LKS-PWU completed the waqf application form that had witness signatures and nadzir. Legal culture, including; socialization and legal empowerment of the implementation of money waqf for the community.

Keywords
Legal Review, Money Waqf, Legal System Theory

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/pR6gE9eUyBfd

Corresponding Author
Lina Maulidiana

Institutions
Faculty of Law, Sang Bumi Ruwa Jurai University
Jalan Pagar Alam No.257, Langkapura, Kota Bandar Lampung
maulidianalina17[at]gmail.com, rendynotaris[at]gmail.com

Abstract
Umrah Worship Umrah is one of the activities of Worship in Islam. This service is carried out by performing several rituals of worship in the holy city of Mecca, especially in the Grand Mosque. Umrah is performing tawaf in the Kaaba and sai between Shofa and Marwah, after wearing the Ihram taken from miqat. Contrary to this, there are several things that cause problems, such as the cancellation of the pilgrimage that can occur because of visa problems that do not come out. However, the departure cancellations that occur by some travels, occur because of the error factor of travel, in this case it will be very detrimental to the pilgrims as consumers of travel service users. The results of this study provide an answer that in the settlement of disputes in the event of cancellation of the departure of the Umrah, the complaint is to the Ministry of Religion which will be the mediator between the pilgrims and the Umrah Pilgrimage Company and if not finished can file a lawsuit to the local District Court.

Keywords
Legal Settlement, Cancellation, Umroh Jamaah

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/tvdJu3wU7WeL

Corresponding Author
Novira Maharani Sukma

Institutions
Law Faculty Diponegoro University

Abstract
The presidential election is very important, because it opens an opportunity for people to actively participate to choosing a presidential candidate, therefore the election is a form of democracy. Every election was held a campaign as an attempt to introduce the presidential candidate and gain the peoples heart. In the campaign, there are many ways that can be done, among them conducting a campaign with a dialogical approach, directly face the people with a enlightening and quality political education agenda. In a campaign it was found that each successful team conveyed a negative campaign through various ways and political statements poured in a provocative language, mutually, and blasphemous by expressing ugliness or Deprivation of each with the aim of dropping the opponent, as well as a variety of tricks to gain sympathy and support of the people.

Keywords
negative campaign, presidential election, national integration

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/7VzHvPcZAfTq

Corresponding Author
dharmayani dharmayani

Institutions
UIN Raden Intan Lampung

Abstract
Abstract: "Polygamy In the Contemporary Muslim Feminist Jurisprudence Paradigm in Indonesia" Historically, the practice of polygamy was practiced before Muslims, the arrival of Islam in terms of polygamy is more regulating, fortifying and limiting the number of wives to a maximum of four, with conditions that must be fair. This is done more to protect women. The previous community was a natural thing for this marriage to be carried out especially for the authorities, merchants or influential people with certain objectives. Law No. 1 of 1974 concerning Marriage in articles 3, 4 and 5 clearly regulates the implementation of polygamy with the principle that marriage in Indonesia based on Monogamy. Polygamy is allowed as a way out if someone has been able to meet the conditions specified, which in principle the requirement to close the door of polygamy.

Keywords
Polygamy, Justice, Sharia, Marriage Law

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/AfpENcM24eqv

Corresponding Author
MIRA NOVANA ARDANI

Institutions
Diponegoro University-s Faculty of Law
Jalan Prof Soedarto, Tembalang, Semarang
*miranovana[at]yahoo.com

Abstract
Waqf has an important role in increasing economic activity. Land is one of the waqf objects that are not moving. There are land rights arrangements that can be waqf. One of them is HGB land which stands on HPL land. What is the position of HGB land on HPL land if it is to be waqf, and what possibilities can occur from the legal action. This research uses a normative juridical approach. Normative juridical research has the meaning of research focused on examining the application of rules or norms in positive law. If seen from the provisions of the existing laws and regulations, HGB land which is above the HPL land is allowed to be waqf as long as it has obtained written permission from the HPL holder. There are various possibilities that occur if HBG land above the HPL is waqf. These possibilities can pose risks later on.

Keywords
Waqf, land, HGB, HPL

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/AQgF7uU3DKwa

Corresponding Author
anwar sadat harahap

Institutions
Universitas Muslim Nusantara Al Washliyah

Abstract
Recent years have often been heard and seen through electronic media about acts of terror in society, such as: The suicide bombings at three churches in Surabaya, May 13, 2018, suicide bombings at the gate of Mapoltabes Surabaya, May 14, 2018, events of terrorist attacks on Riau Regional Police Headquarters by killing a police officer, May 16, 2018, a suicide bombing carried out by a terrorist group in front of the Jakarta Sarinah shopping center, January 2016, and several other incidents. The aforementioned series of crimes arise, because in addition to being based on the lack of firmness, fairness and the benefits of legal regulatory materials on eradicating terrorism offenses, they are also caused by the lack of potential empowerment of local indigenous people in the field of preventing terrorism offenses. To achieve this goal, the method used in this study is an empirical research method with a normative and sociological juridical approach (socio legal approach). While the data used are qualitative data without ignoring quantitative data. The approach used is to use a sociological anthropological and juridical approach or an empirical juridical approach. The results showed that prevention of criminal acts of terrorism through Sipaingot on society adat Dalihan na Tolu in South Tapanuli done with several things, namely: 1. Avoiding hostility, 2. Attitudes of vigilance and accuracy, 3. Maintaining unity and unity, 4. Compliance with leaders, 5. Loyalty to the land of birth, 6. Obligation to repay kindness, 7. Increased self competence.

Keywords
Keywords: a. Prevention, b) Acts of Terrorism, c. Adat Dalihan na Tolu

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/tUHf47x3rMbu

Corresponding Author
merli cahya putri

Institutions
IAIN Metro Lampung

Abstract
In implementing Islamic Financial Institutions such as Baitul Maal wa Tamwil (BMT) there are various ways to raise funds and distribute funds. Funds are collected through deposits and wadiah deposits. Qardhul Hasan financing is the orientation of the function of the Islamic Financial Institution (Baitul Maal Wa Tamwil) as a social institution. Qardhul hasan is a soft loan given on the basis of mere social obligations. The mechanism for implementing Qardhul Hasan is solely aimed at providing assistance to meet the needs of small communities. Thus it can be seen that the form of loans through Qardhul Hasan is in accordance with the principles of Islamic economic law, the potential sources of funding for Qardhul Hasan are quite large if used and managed optimally and its implementation is very beneficial to the community.

Keywords
Qardhul Hasan, Islamic Law, BMT

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/tf7nKTVq8RGv

Corresponding Author
Suhairi Suhairi

Institutions
Institut Agama Islam Negeri (IAIN) Metro
Jl. Ki Hajar Dewantara, 15A Kota Metro, 34111, Lampung, Indonesia
*suhairiyusuf[at]gmail.com
** imammustofa472[at]yahoo.co.id

Abstract
The development of waqf in Indonesia is quite significant. At first developed waqf was still conventional and the object was also still not moving assets. In the last few decades there has been a development of immovable endowments, including endowments of cash or endowments of money. In connection with this development, the government provides arrangements in the framework to provide legal regulation for waqf, including cash waqf in the legal institution. There are regulations regarding cash waqf in Indonesia consisting of laws, government regulations, ministerial regulations, regulations of the Indonesian Waqf Board and the fatwa of the Council of Indonesian Ulama. This article discusses the effectiveness of the enforcement of waqf regulations in Indonesia within the lens of legal culture. This study is based on a qualitative research using two types of data sources, namely primary data sources and secondary data sources. Data collection methods used are related to documentation and interviews with shareholders. Regulations regarding laws and regulations relating to waqf Implementation of rules concerning cash waqf are still constrained by sociological norms and religious norms held by the community. The moslem societies in Indonesia still reluctant to obey the rules related to the cash waqf, especially at the time of registration and certification of cash waqf objects.

Keywords
Legislation, cash waqf, and legal culture

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/CAk9hFJWwYT6

Corresponding Author
Zahri Kurniawan

Institutions
Student Of The Doctoral Program at The University Of Lampung

Abstract
Grant dispute between husband and wife with heirs from either husband or wife, will be more pointed when each party takes the path to defend their rights, this will be more protracted when the party who filed the grant claim does not know the nature of the absolute competence of the court that must they choose. For those who adhere to the religion of Islam, the parties can make legal efforts through the Religious Courts, but for those who adhere to a religion other than Islam, the authority to adjudicate is in the District Court.

Keywords
Keywords: Legal Impact, Marriage, Marriage Agreement, Bankruptcy.

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/PdhA6VYtgmHu

Corresponding Author
Entol zaenal Muttaqin

Institutions
Faculty of Sharia UIN Sultan Maulana Hasanuddin Banten

Abstract
The growth of Islamic matrimonial system in the present Indonesia was originally formulated in the 19th century of the Netherlands colonialism. The law system appeared as a consequence of the vast diversity of Indonesian people, thus the need of an applicable law is obvious. There are several discourses and contentions among Dutch scholars in establishing an applicable law system, and finally the colonial government enacted a new regulation focused on marriage system. The continuity of this social institution derived from the customary hegemony applied by Dutch. Provoked by several scholars who had an affirmative position in the establishment of applicable law, the new constitution in 1854 called IS (Indische Staatsregeling) was approved and partly contains the formation of marriage system that was divided into categories. In that, the Islamic matrimonial system was assimilated into Adat law (adatrecht), and therefore the Islamic marriage system was allowed to be practiced in its own way. Nevertheless, this Islamic matrimonial system was formed in a colonial scope as a form of colonial hegemony. Accordingly, this paper is intended to describe the development of marriage system in the Netherlands East Indies, and further descriptions will go to the Islamic matrimonial system and its development in the era of the Netherlands colonial government, and how it survived until post Indonesian colonialism.

Keywords
Islamic Matrimonial System, Dutch, Hegemony,

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/MZLbwRXDV2a3

Corresponding Author
Darania Anisa

Institutions
Sekolah Tinggi Ekonomi dan Bisnis Islam Lampung

Abstract
Problematics in divorce are often faced by the underprivileged so that the role of Legal Aid Institution (LBH) is needed to settle such divorce cases. The divorce issue is a privacy problem that is often not revealed in court compared to criminal cases. Thus, in this case, it highly needs an institution or organization that is more focused on divorce issues that receive services and help the community to solve their cases. The role of the Legal Aid Institution in providing legal assistance for divorce cases to the public is (1) Consultation; (2) Mentoring; (3) Counseling. The consultation was done to address divorce issues and cases served by advocates, while mentoring was assisting clients in the trials, and counseling was carried out to the lower sectors of the community to make the public aware about the importance of the law. There are two role pathways undertaken by the Legal Aid Institution among others are; (1) litigation; and (2) non-litigation. The existence of lawyers as law enforcement agencies in the Legal Aid Institution, the government, and the community are the three elements to decide the creation of a legal system according to the ideals of the 1945 Constitution and Pancasila. The existence of Legal Aid Institutions is to help people who are unable and obtain fast responses in solving their legal problems. There are many Legal Aid Institutions in Indonesia. In fact, each court provided a Legal Aid Post (POSBAKUM) which is an effort to help litigants. Therefore, based on these problems, this study will look further into the role of the Legal Aid Institution in providing legal assistance in the resolution of divorce cases.

Keywords
Legal Aid Institutions (LBH), Legal Aid, Divorce

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/QA8huRC2MpJX

Corresponding Author
Nur Adhim

Institutions
a) Lecturer in Law Faculty, Diponegoro University, Semarang.
nuradhimundip[at]gmail.com
b) Lecturer in Law Faculty, Diponegoro University, Semarang
c) Student of Law Science Doctoral Program, Diponegoro University, Semarang

Abstract
Land has vital role in man life to be utilized and used for his viability. Land use and utilisation must consider its social function. The purpose of this research to describe philosophy of land ownership in liberalism and islamic law perspective. This research use conceptual and comparative approach. This research use secondary data. Collected data is analyzed based on interactive model as stated by Matthew B. Miles and Michael C. Hubberman. This research shows that philosophy of land social function in liberalism perspective put emphasize the importance of individual ownership and his freedom in using and utilizing it without considering its social impact. In this perspective, land ownership is purpose and meaning of life. It is different from islamic law perspective which allow individual need but its use is limited by social, morality and spiritual aspect (liability to God Almighty).

Keywords
Social Function; Liberalism; Islamic Law

Topic
Law perspectives and Islamic law

Link: https://ifory.id/abstract/UjpznJ8q3bQ2