Ali Sam'un
Universitas Pembangunan Panca Budi

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Legal Protection for Land Rights Holders in Land Acquisition for Development in the Public Interest Ali Sam'un; Tamaulina Sembiring; Ismaidar
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Indonesia as a developing country needs infrastructure development in order to improve the welfare of the Indonesian people through this development. Every development activity carried out by the Government certainly cannot be separated from the need for land as a forum for its activities. The need for land has consequences for the use of land by land rights holders related to land acquisition for the implementation of development for the public interest. The increase in development activities has the consequence that more land is needed and later can cause problems in the land sector. The need for land that will be used by the government for development purposes must not harm the rights of land owners. Therefore, to regulate this, it is necessary to have a legal regulation that can provide legal protection to land rights holders. This research is descriptive analysis and normative law, namely describing all symptoms and facts and analyzing existing problems as well as research that uses secondary data sources or data obtained through legal literature materials. Judging from the approach, this research is the starting point of the problem by looking at the reality that occurs in the field and relating it to the applicable laws and regulations. This study uses a normative juridical approach, which is an approach by conducting an assessment and analysis of Legal Protection for Land Rights Holders in Land Acquisition for Development for the Public Interest.In order to provide maximum legal protection to land rights holders in the procurement of land for the public interest, the government should play an active role in its implementation to supervise parties who need land. The existence of the government in this case is very necessary so that in the implementation of land procurement carried out by agencies that need land is not done arbitrarily by taking rights to land owned by the community without providing fair and appropriate compensation.
Juridical Study of the Concept of Maqashid Shariah in Inheritance Law in Indonesia Ali Sam'un; Fauzan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Inheritance law is an important part of Islamic law that aims to maintain justice and family welfare. This study aims to analyze the application of the concept of sharia maqashid in inheritance law in Indonesia, focusing on evaluating the conformity between the principles of sharia maqashid and applicable inheritance law regulations, such as the Compilation of Islamic Law (KHI) and customary law practices. The approach used is a juridical normative study with primary data analysis from the Qur'an, Hadith, and laws, as well as secondary data in the form of literature and related case studies. This research is expected to provide an in-depth picture of how the principles of sharia maqashid can strengthen justice and benefits in the distribution of inheritance. The results of the study show that inheritance law in Indonesia still faces challenges in harmonizing between Islamic, customary, and national law. Sharia maqashid principles, such as the protection of property (hifz al-mal) and descendants (hifz an-nasl), are often not fully accommodated in the implementation of inheritance law. Although the KHI has attempted to accommodate Islamic law, differences in interpretation and customary influences often lead to inconsistencies with the main purpose of sharia maqashid. In some cases, the distribution of inheritance actually creates conflicts that are contrary to the principles of justice and family welfare. This study recommends inheritance law reform in Indonesia with a maqashid-based approach to sharia to ensure harmony between positive law, custom, and Islamic principles. This effort can be carried out through policy revisions, increasing the socialization of sharia maqashid, and empowering the community in understanding the importance of justice in inheritance law. Thus, inheritance law in Indonesia can be more oriented towards achieving sharia goals in protecting individual rights and creating harmony in society.