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Jeremia Manalu; Besty Habeahan

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Heritage Center (BHP) is a government institution under the Ministry of Law and Human Rights of the Republic of Indonesia that has a strategic role in civil law, especially related to the management of heritage property. Rooted in colonial regulations and regulated in the Civil Code, BHP is authorized to represent and protect the legal interests of individuals whose whereabouts are unknown, immature, or legally incompetent. This study aims to analyze the implementation of BHP's duties in managing heritage assets based on the provisions of the Civil Code and identify supporting and inhibiting factors for its implementation. The method used is normative legal research with a legislative approach and literature study. The results of the study show that BHP's position is as a subject of public law that carries out private legal functions. BHP's authority includes the management of unmanaged legacies, acting as a guardian or guardian, and acting as a curator in bankruptcy cases. Despite having a strong legal basis, the effectiveness of the implementation of BHP's duties in the field has not been optimal. The obstacles faced include limited resources, lack of public understanding, and coordination between agencies that has not been maximized. Therefore, systematic improvement efforts are needed through institutional capacity building, legal socialization, and strengthening regulations and cross-sector synergy to support the effective and sustainable implementation of BHP's tasks.

Ike Oktaviani Haro Munthe; Besty Habeahan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

the duties and authorities of the Balai harta peninggalan as regulated in law Number 37 of 2004 concerning bankrupty and the civil code are to carry out a settlement of the debtor’s bankrupty assets. The main problem and this research is How the duties and authority of the Balai Harta Peninggalan in carrying out bankrupty astate clearance and what are the obstacles faced when carrying out bankrupty estate clearance?. The method used is the normative juridical-empirical method, where the data and also the information studied in this study are based on laws, books and also based on the results and discussions obtained are where the duties and authority of the Balai harta peninggalan in center in carrying out bankrupty assets are by dividing the proceeds from the sale of bankrupty assets that have been sold and distributed to creditors bassed on the possition of the creditors starting from highest to lowest, and also the obstacles faced in dealing with debtor bankrupty assets.

Widya Yuniati Siregar; Besty Habeahan

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A will is a legal instrument that enables an individual to determine the distribution of their assets after death. One type recognized in the Indonesian Civil Code (KUHPerdata) is the closed will (testament olograph), written or signed confidentially by the testator and submitted to a notary before four witnesses. This form of will emphasizes secrecy and the protection of the testator’s final intentions, requiring a clear legal framework to ensure its validity and lawful execution. Within this framework, the Balai Harta Peninggalan, or Heritage Hall, functions as a state institution responsible for receiving, safeguarding, unsealing, and executing closed wills after the testator’s death. The institution’s role ensures that the process is orderly, transparent, and legally compliant. This study examines the procedural mechanism for administering closed wills by the Balai Harta Peninggalan, covering the stages from unsealing to execution in accordance with statutory provisions. Using a normative juridical method with statutory and conceptual approaches, the research analyzes the Civil Code, implementing regulations, and legal literature. The findings show that the execution of closed wills under Balai Harta Peeninggalan’s authority is well regulated under Indonesian law and plays a key role in ensuring legal certainty and protecting heirs’ rights. However, administrative obstacles and low public awareness remain significant challenges.

Wilda Hilda Riska Laia; Roida Nababan; Besty Habeahan

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Agreement is one of the most important sources of engagement in civil law. In practice, agreements become the legal basis for parties to regulate mutual rights and obligations. As in credit agreements where credit agreements are one of the most common forms of agreements in banking practices and financing activities in Indonesia. This agreement becomes the legal basis for the relationship between creditors and debtors in the context of providing loan facilities. This article discusses the juridical aspects of credit agreements, starting from the elements of a valid agreement, the principles that underlie it, to the legal consequences that arise in the event of default or unlawful acts by one of the parties. The research was conducted using a normative juridical method that focuses on analyzing laws and regulations, especially the Civil Code and the Banking Law. The results of the study show that credit agreements are not only civilly binding, but also contain potential criminal law consequences in the event of misuse. Therefore, it is important for the parties to understand the contents and legal consequences of the credit agreement thoroughly.