Penyelesaian Sengketa Hibah Harta Bersama Kepada Anak Dalam Perspektif Kompilasi Hukum Islam Dan Kompilasi Hukum Ekonomi Syariah (Studi Putusan Perkara Nomor 145/Pdt.G/2021/Pa.Slk Di Pengadilan Agama Solok
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Institusion
Universitas Muhammadiyah Surakarta
Author
Alis, M. Naufal Ibnu
, M. Subhi A., Lc., MH.
, M. Subhi A., Lc., MH.
Subject
BA12 Hukum Ekonomi Islam
Datestamp
2022-09-21 06:54:12
Abstract :
The main issue discussed in this study is the dispute over the grant of joint property to children which is described in the form of withdrawal or cancellation of the grant. For this reason, this study requires the results of the consideration of the Solok Religious Court judge in resolving the grant dispute, whether the judge will justify the withdrawal of the grant or reject it, which is then followed by a legal determination of the late deceased grant. Hj. Syamsidar and Alm. H. Nazir to his son. This main issue will be broken down into various sub-problems or research issues, such as: 1) What is the judge's consideration in making a decision on the dispute over the joint property grant with case number 145/Pdt.G/2021/PA.Slk at the Religious Courts of Solok City? 2) How is the settlement of disputes over joint property grants seen from the perspective of the Compilation of Islamic Law and the Compilation of Sharia Economic Law?. This study aims to clearly identify and analyze how the judge's considerations in making decisions on joint property grant disputes and to find out and analyze the settlement of grant dispute cases through the perspective of the Compilation of Islamic Law and the Compilation of Sharia Economic Law. The type of research used by the researcher is a normative juridical legal research method. This research method is an approach with an emphasis on data from library research and also as a qualitative approach. So this study intends to approach using secondary legal materials related to the problem of resolving disputes over joint property grants to children along with consideration of decisions from the panel of judges. The results of this study are: 1) through legal considerations, the judge declared the gas station grant valid and rejected the ratification of the coffee powder company grant stamp scales mas because it was considered insufficient evidence. 2) the cancellation or withdrawal of the grant proposed by the defendants was rejected by the judge because the ratification of the grant was deemed to have met the requirements in carrying out grant activities. 3) settlement of grant dispute cases in terms of the Compilation of Islamic Law, namely: contained in Article 210 to Article 212 of the Compilation of Islamic Law. 4) settlement of grant dispute cases in terms of the Sharia Economic Law Compilation, namely: contained in articles 685 to 727 of the Sharia Economic Law Compilation.
The main issue discussed in this study is the dispute over the grant of joint property to children which is described in the form of withdrawal or cancellation of the grant. For this reason, this study requires the results of the consideration of the Solok Religious Court judge in resolving the grant dispute, whether the judge will justify the withdrawal of the grant or reject it, which is then followed by a legal determination of the late deceased grant. Hj. Syamsidar and Alm. H. Nazir to his son. This main issue will be broken down into various sub-problems or research issues, such as: 1) What is the judge's consideration in making a decision on the dispute over the joint property grant with case number 145/Pdt.G/2021/PA.Slk at the Religious Courts of Solok City? 2) How is the settlement of disputes over joint property grants seen from the perspective of the Compilation of Islamic Law and the Compilation of Sharia Economic Law?. This study aims to clearly identify and analyze how the judge's considerations in making decisions on joint property grant disputes and to find out and analyze the settlement of grant dispute cases through the perspective of the Compilation of Islamic Law and the Compilation of Sharia Economic Law. The type of research used by the researcher is a normative juridical legal research method. This research method is an approach with an emphasis on data from library research and also as a qualitative approach. So this study intends to approach using secondary legal materials related to the problem of resolving disputes over joint property grants to children along with consideration of decisions from the panel of judges. The results of this study are: 1) through legal considerations, the judge declared the gas station grant valid and rejected the ratification of the coffee powder company grant stamp scales mas because it was considered insufficient evidence. 2) the cancellation or withdrawal of the grant proposed by the defendants was rejected by the judge because the ratification of the grant was deemed to have met the requirements in carrying out grant activities. 3) settlement of grant dispute cases in terms of the Compilation of Islamic Law, namely: contained in Article 210 to Article 212 of the Compilation of Islamic Law. 4) settlement of grant dispute cases in terms of the Sharia Economic Law Compilation, namely: contained in articles 685 to 727 of the Sharia Economic Law Compilation.
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