Perbandingan Sistem Hukum Antara Indonesia dan Malaysia

Somadiyono, Sigit

doi:10.33087/wjh.v4i2.243

Cited by 4 publications

(4 citation statements)

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“…Malaysia merupakan negara bekas jajahan negara Inggris sehingga berimbas pada bentuk negaranya yang federal dengan sistem pemerintahan monarki parlementer. (Samadiono, 2020) Hal ini juga berimplikasi kepada bentuk aturan atau sistem hukum yang berlaku. Dalam aturan hukum keluarga Islam, masing-masing negara bagian atau negara persekutuan memiliki Undang-undang Hukum Keluarga Terkait diaturnya prosedur pendaftaran perkara perceraian yang dilakukan tidak di dalam mahkamah dan tanpa kebenaran mahkamah mengindikasikan adanya kepastian hukum.…”

Section: Pendahuluanunclassified

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

Salsabila

2024

ajbkk

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Divorce that occurs outside and without permission from the court raises many legal problems, from the validity of the divorce to the non-fulfillment of the rights and obligations of husband and wife after divorce. Malaysia is a country consisting of states and an alliance area which in its Islamic family law rules regulates divorce before the court to ensure legal certainty. This paper discusses the procedures for the divorce of Malaysian citizens that must be carried out before the Malaysian Court and the rules for registering talak for divorces that have already occurred not in front of and without the permission of the Malaysian Court. The regulations for imposing divorce outside the Malaysian Court also include penalties (punishment) for violators. This paper uses a juridical-philosophical approach to explain the procedure for divorce before the court and the rules related to the registration of divorce that have been carried out outside and without the truth of the court to create legal certainty. This research is a qualitative type of literature research. The conclusion of this paper shows that the rules related to divorce before the Malaysian Court indicate legal certainty because in the process the judge examines the validity of the lafadz talak that the husband has imposed to ensure the validity of the legal status of divorce in Sharia and the state administratively, as well as the fulfillment of the rights and obligations of husband and wife after divorce.

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Section: Pendahuluanunclassified

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

Salsabila

2024

ajbkk

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“…On the other hand, Malaysia's law sources are national law from the common law system, Islamic law, and customary law. (Somadiyono, 2020) As a member of civil or continental law, Indonesia places statutory law as the main framework in its legal system. In contrast, Malaysia as a member of common law, puts jurisprudence as the main framework in their legal system.…”

Section: An Overview Of Intellectual Property Rightsmentioning

confidence: 99%

An Overview of Intellectual Property Rights as Waqf in Indonesia and Malaysia

Yuswar,

Runtung,

Maulana

et al. 2023

ULJLS

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This paper aims to get an overview of Intellectual Property Rights as waqf in Indonesia and Malaysia. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. The findings reveal, both Indonesia and Malaysia permit IPR being waqf. Unfortunately, there are no implementing regulation or specific guidelines regarding how and what to waqf from IPR in both states. The absence of implementing regulation or guideline will have implication not only for confusion in the community, but also for the lack of applicability of IPR being waqf in the community.

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“…Malaysian law sources consist of three; national law, Islamic law, and customary law (Kamaruddin, 2012;Sharmin, 2012;Somadiyono, 2020). The colonial historical background of these two countries is a differentiating factor in the constitutional system.…”

Section: Introductionmentioning

confidence: 99%

A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia

Syibly

Mustaffa

Zulkifle

et al. 2022

Millah J. Rel. Stud.

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Indonesia and Malaysia generally have the same Islamic character and history, so the development of Islamic law also has the same roots. Then there were differences in the development of Islamic law, including the law on waqf, which was caused by differences in colonial history. The Dutch colonized Indonesia, and Malaysia was colonized by the British. Therefore, they have different systems and state administrations. This study aims to explain how much support for positive legal products that regulate waqf impacts the development of productive waqf instruments in Indonesia and Malaysia, although with different legal systems. This research is literature research with a juridical-normative approach with a qualitative model. Analysis of the data used is the interactive analysis model of Miles and Huberman. The study results in show that in Indonesia and Malaysia, waqf legal products have existed since the sultanate era, colonial era, and independence era. Waqf legal products in Indonesia regulate more about waqf of immovable objects, which are regulated in different legal products. However, since the birth of the Waqf Law in 2004, waqf has not only focused on immovable objects but also movable and productive objects following the development of the financial world. And business. Likewise, in Malaysia, the legal product of waqf is included in family law which is regulated in the law in each different country, including the territory of the alliance. Productive waqf has also penetrated productive economic efforts by the purpose of waqf.

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Perbandingan Sistem Hukum Antara Indonesia dan Malaysia

Cited by 4 publications

References 0 publications

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

An Overview of Intellectual Property Rights as Waqf in Indonesia and Malaysia

A Comparative Analysis of Legal Products on the Development of Productive Waqf in Indonesia and Malaysia

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