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M. Ongko khoirurozy; Putri Happy Aprilia Azis

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

pewaris, ahli waris , dan sistem pewarisan yang digunakan oleh suku adat tertentu. Dalam suatu konteks pewarisan adat disini ditujukan untuk melakukan suatu penerusan harta warisan baik itu berupa harta yang berwujud fisik atau materiil atau harta warisan yang tidak berwujud fisik atau immaterial. Sistem pewarisan yang diterapkan oleh suku Jawa disini adalah sistem kekerabatan parental dan sistem  pewarisan secara individualis, dimana terdapat suatu keterkaitan dalam kedua unsur pewarisan tersebut. Dalam pewarisan yang telah diterapkan oleh suku Jawa disini telah memberikan ruang terhadap para ahli waris untuk memiliki kedudukan yang sama dalam pewarisan. Sistem individualis yang diterapkan dalam sistem pewarisan suku jawa juga memberikan bahwasanya dalam pewarisan tersebut harta benda akan menjadi hak milik dari ahli waris. Metode yang digunakan dalam penelitian ini adalah yuridis empiris dengan pendekatan studi pustaka, dimana dengan penerapan metode tersebut akan memberikan penjelasan yang lebih detail terhadap sistem pewarisan yang terjadi dalam suku Jawa dengan sistem kekerabatan parental dan penerapan sistem pewarisan individualis. Kata Kunci:  Suku Jawa, Parental, Individualis, Waris

Izdihar Luthfiyyah Surya Gerhana; Elip Intan Pratiwi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Arman Arroisi Hatta; Josua Arya Subagiyo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

Madha Wijaya Hastabrata; Siti Munawaroh Septyningrum

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Customary inheritance law is customary law that regulates the system of inheritance procedures. There are 3 (three) customary inheritance systems in Indonesia, namely the individual inheritance system, the collective inheritance system and the majorate inheritance system. Meanwhile, there are 4 (four) kinds of kinship systems in Indonesia, namely patrilineal, matrilineal, bilateral or parental and alternate kinship systems. Balinese people adhere to the patrilineal kinship system, which is based on descent from the male side. This means that in Balinese society, the male child is Bali, and the position and rights of men are higher than the rights and position of women. In Balinese society, girls have the right to enjoy inheritance as long as they perform their dharma.  The limited right of girls to receive inheritance led to emancipation which demanded that girls get the same inheritance rights as boys. During the Indonesian government, the protection of women's inheritance rights in Bali was further strengthened by various laws and regulations issued by the government. However, there are also factors inhibiting the protection of women's inheritance rights in Bali, namely the strong influence of patriarchal culture in Balinese society and adhering to Balinese customary law which gives greater inheritance rights to men.

Adelina Amanda Dwi Syahputri; Grace Adinda Simamora

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Inheritance law is a regulation that regulates the legal position of the assets of a person who has died, which will later change hands to another person who has the right to receive the assets. Inheritance law in Indonesia applies 3 (three) types of inheritance law, namely customary inheritance law, Islamic inheritance law, and western inheritance law. In carrying out this inheritance system, in its implementation there are still several errors and unlawful acts committed by the parties, such as in decision NO. 537 K/Pdt/2017. In this decision, it was discovered that there were unlawful acts in the distribution of inheritance in the Batak tribe. The Batak tribe adheres to a patrilineal family system, which means that the bloodline is drawn from male parents or fathers, so that the position of fathers or men in traditional society can be said to be higher than women.

Sipayung, Baren; Siti Kotijah; La Syarifuddin

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Penelitian ini mengidentifikasi pengabaian terhadap pengakuan dan perlindungan masyarakat hukum adat di Kalimantan Timur yang dapat memicu sengketa hukum. Melalui analisis hukum, penelitian membahas implementasi Peraturan Daerah Kaltim Nomor 1 Tahun 2015 dan dampaknya pada hak-hak serta keberlangsungan masyarakat hukum adat. Faktor tumpang tindih aturan positif dan hambatan diungkapkan dalam konteks efektivitas proses pengakuan dan perlindungan. Hasil kajian ini diharapkan memberikan pemahaman lebih mendalam tentang isu hukum kompleks terkait masyarakat hukum adat di Kalimantan Timur, mendukung perumusan kebijakan yang lebih baik untuk menjaga hak dan keberlangsungan mereka.

Mozarto Omar Vivaldi Hermanto; Achmad Farhan Aly

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Kresia Kresia; Muhammad Riyan Wahyuda; Daryll Alessandro Indratmoko

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Law is a regulation that regulates and enforces society, containing regulations or prohibitions on actions within a state order established by authorized institutions. Basically, law is formed because of an event, meaning that law follows changes in society. Indonesia is a country based on Pancasila, which has very diverse ethnicities, religions and races. This is what causes Indonesia to have diverse customs, which means that customary law in Indonesia has diversity. Customary inheritance law in Indonesia has three inheritance distribution systems, namely patrilineal customary inheritance, matrilineal customary inheritance, and parental customary inheritance. Patrilineal traditional inheritance is inheritance drawn from the father's lineage, traditional matrilineal inheritance is inheritance drawn from the mother's lineage, and parental inheritance is inheritance drawn from the second lineage.

Guntur Rapi Sanjaya; Bima Adi Putranto

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.

Ardicha Caterine; Irbah Dhiaulhaq Salsabila

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance is part of civil law which is a vital part of family law.  Inheritance conflicts still often occur in society.  Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life.  The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens.  The kinship system has a major influence on inheritance from customary inheritance law.  The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship.  The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules.  The research uses normative juridical methods which are carried out using three research materials.  Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias.  Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2).  Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force.  Indonesia itself does not yet have a national inheritance law.  Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.

Elza Savira C.Z.; Putri Tamara Maukura

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to find out about the position of inheritance rights for Balinese women who have changed religions based on the case study of Cassation Decision Number 2826 K/Pdt/2017. The background of the research, that the biological daughter of the heir who has converted to religion demands her right to be made an heir, where as it is well known that Balinese society has a patrilineal kinship system (purusa), which means that the heir will fall to the son. This type of research is normative legal research with the approach applied in this normative legal research is a conceptual approach and a case approach. The results of the analysis of the research, the Decree of the Main Assembly of Pakraman Village Bali in 2010 Number: 01/Kep/Psm-3/X/2010 regarding the Results of Pesamuhan Agung III MUDP Bali which states that Balinese women receive half of the purusa inheritance rights after deducting 1/3 for heirlooms and preservation interests. However, this does not apply to Balinese women who have converted (from Hinduism to other religions). This is because as heirs who follow Balinese inheritance law, heirs must have the responsibility to take care of all the obligations of their ancestors both in terms of religious obligations and maintenance of shrines. Therefore, if a child chooses to change religion, the legal consequences will be that the heir or child does not have rights and obligations towards the heir, family and custom.  

Fathiya Nur Rosyida; Karina Shofi Sabitha Ramadhani

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Indonesia characterized by its diverse society encompassing various ethnicities, cultures, races, religions, and regional customs, exhibits a distinctive uniqueness. The country features three primary kinship systems patrilineal, matrilineal, and parental or bilateral. These kinship systems significantly impact the lives of indigenous peoples, particularly in the Batak community, which follows the patrilineal system, especially in matters of inheritance. This study aims to analyze the correlation between the patrilineal system and Batak customary law regarding inheritance, as well as explore methods for resolving disputes arising during the inheritance division process according to Batak customary law. The research adopts a normative approach, utilizing a literature study as the method of data collection. The findings indicate a connection between the patrilineal system and inheritance practices within Batak customary law. Moreover, the study highlights two approaches for settling disputes related to Batak customary inheritance non-litigation and litigation.    

Devina Natasyafira; Khamilatun Nisah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

With the rapid development of globalization, there are people who have the desire to change their own gender or what is usually called transsexual. Transsexualism can happen to someone due to environmental factors and hormonal factors. This phenomenon raises problems in all legal dimensions, one of which concerns inheritance for transsexuals. In this writing, normative juridical research methods are used because this research examines library materials to find certainty about Minangkabau customs. In Indonesia itself, it still recognizes customs which are the inheritance of customs. As in Minangkabau custom, it is still motivated by the values and norms of the Islamic religion. It is known that the Islamic religion does not accept the existence of transsexuals, so Minangkabau customs also reject these transsexuals. This writing  to find out, explain and analyze transsexual inheritance in Minangkabau customs.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Ranti Furiya Adisti

In this era of globalization, many people do not want to be left behind in one of the developments in sophistication is that many people want to make comportable and more modern residential duildings in accordance wuth developments epoch, both in terms of building materials, as well as other equipment. In contrast to the people of Kuta Traditional Village in Ciamis Regency who continue to maintain its traditions, customs, and culture are still strong in people’s belief in their ancestors and clinging to the beliefs that are considered as the mandate of the ancestors. This study aims to find out how the traditional of building a house in Kuta Traditional Village knowing the rules in establishing a house in Kuta Traditional Village, as well as to find out why the traditional of building a house in Kuta Traditional Village is still carried out in the modernization era. This research is descriptive with qualitative methods, data collection is carried but by observation, interviews, literature studies and documentation. The results showed that until now the tradition of building a house in Kuta Traditional Village is still carried out by following the rules, rituals or existing traditions

Yusna Elfrida Br.Tambunan; Sulastri Krisdayanti Sinambela; Isnaniah Isnaniah; Joshua Hery Cristian Gultom

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Ulayat rights are the highest control rights of customary law communities covering all land as well as those included in certain regional environments. Customary law looks at societyas the best place to live together where people view their fellow human beings as common goals. This type of research is a type of library research.which relies on study and study of texts. This is done because of the data sources used is in the form of literature data. Customary rights are rights to land owned by the community customary law before the UUPA was created, which can be converted into land rights. Respect and protection of the legal community and its rights are protected nationally, especially in Article 3 UUPA and Article 18 of the 1945 Constitution were amended. The Position of Land in Customary Law In customary law, land has a very important position. In the development process Currently, it is very important for indigenous peoples to participate in development activities.The public has the right to provide verbal and written input in the preparation processor discussion of draft laws and plans for regional regulations.

Alfiah Rahmawati; Nur Ishaq Mahmudi; Tri Cahyanto

Jurnal Teknologi Pangan dan Ilmu Pertanian 2023 International Forum of Researchers and Lecturers

Ethnobotany has a very important role in society, including as a symbol of identity for a community group, including in the traditional area of ​​Cikondang Traditional Village, Bandung Regency, West Java Province. The traditional area is a small part of the traditional village covering an area of ​​3 hectares which consists of 7 sub-regions including prohibited forest, traditional rice fields, traditional gardens, traditional houses, traditional graves, saung lisung and bale paseban. The aim of this research is to examine the use of plants in traditional areas by the people of Cikondang Traditional Village in daily life, architecture and traditional ceremonies. This research is a qualitative research approach using survey methods and semi-structured interviews. 34 types of plants from 24 families were obtained, the highest use was as traditional ritual materials and the most widely used part of the plant was fruit. The people of Cikondang Traditional Village have a strong attachment to plants as evidenced by the use of plants in various aspects of their lives.

Habib Indraswara; Tri Cahyanto

Jurnal Insan Pendidikan dan Sosial Humaniora 2023 International Forum of Researchers and Lecturers

The Sasamben Budak Bujang (Benjang) culture is a traditional arts tradition that combines art and martial arts, which developed in the people of the Ujungberung area of ​​Bandung City. This culture involves the use of plants in the implementation process. Information regarding the plants used in these traditional processes has not been widely reported. The aim of this research is to find out the types of plants used in the benjang tradition. Benjang art in the customs or culture of the Ujungberung people, East Bandung City, West Java Province, has a special position when compared with other arts. Benjang Gulat is the initial form of benjang art, over time the benjang art developed into three types, namely benjang helaran, benjang wrestling or gelut and benjang mask. Benjang Ujungberung has been known to many among the Ujungberung community since the end of the 19th century or the beginning of the 20th century, as a game played on an amben or bale which is called sasamben by some bujang, which means boys. In the special benjang event, various kinds of plants are used, such as bananas, coconut dawegan, seven kinds of flowers, brown sugar, granulated sugar, bitter coffee and cigarettes.

Fardani Annisa Damastuti; Jauari Akhmad Nur Hasim; Irma Wulandari; Darmawan Aditama; Aji Sapta Pramulen +2 more

JURNAL ILMIAH KOMPUTER GRAFIS 2023 UNIVERSITAS STEKOM

A traditional house is a house that has a characteristic building that symbolizes the culture of a region. The uniqueness of traditional houses in Indonesia is one of the learning materials for students in Indonesia. Books that are a medium for introducing traditional houses in Indonesia still have shortcomings in the form of limited visual display of traditional houses. So that it reduces children's interest in recognizing the traditional houses of the archipelago. This can lead to cultural erosion. Therefore, to increase interest and insight into the culture of this traditional house, technology and culture are combined. This combination uses augmented reality technology to introduce the traditional houses of the archipelago. Traditional houses are visualized through 3-dimensional objects in the android application. The augmented reality application developed is dynamic, so that the addition of content can be done without modifying the program code. This application will visualize 9 traditional houses from 9 provinces in Java, Nusa Tenggara, and Bali. The test results show an increase in knowledge of SDN Banjarmendalan students by 56% which means the application is quite effective to help students recognize the traditional houses of the archipelago and from the assessment of student satisfaction with the application get a score of 90.5% which means the application is enough to attract students to learn to recognize traditional houses.

Indrianita D M Nur Azizah; Tri Cahyanto

Konstanta : Jurnal Matematika dan Ilmu Pengetahuan Alam 2023 International Forum of Researchers and Lecturers

The people of the Banceuy traditional village, Sanca Village, Ciater District, Subang Regency have a unique tradition of expressing gratitude for natural products, especially rice (Oryza sativa), which has been carried out since the time of their ancestors and is known as the Ngaruwat Bumi ceremony. Ngaruwat Bumi is a traditional ceremony that is routinely held every year at the end of the month of Rayagung. This research aims to analyze ethnobotanical studies on the Ngaruwat Bumi ceremony in the Banceuy Indigenous village community. The research was carried out in three stages, namely literature study, interviews, and data processing and analysis. The data taken is primary data and secondary data. Primary data is data obtained directly in the field through interviews with respondents. Meanwhile, secondary data is data obtained from previously existing research or publications. Sampling used a purposive random sampling method with 15 respondents. The research results showed that six types of plants were used in the Ngaruwat traditional ceremonies carried out by the people of the Banceuy traditional village, namely Oryza sativa, Arenga pinnata, Cocos nucifera, Cordyline fruticosa, Coleus scutellarioides, Justicia gendarussa, and Musa paradisiaca.