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Siti Nur Setia Rahman; Muh. Amin Dali; Suslianto Suslianto

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

The problems raised in this research are (1) whether the inheritance distribution according to decision number: 0548/Pdt.G/2016/PA.Gtlo has been realized on yulianti boki while the barrier is still alive? (2) how do judges mediate the inheritance case number: 0548/Pdt.G/2016/PA.Gtlo in the Gorontalo religious court? This research aimed to determine the realization of the decision number: 0548/Pdt.G/2016/PA.Gtlo on the distribution of inheritance to Yuliyanti Boki, the heir of the Mahjub. To analyze how judges mediate inheritance disputes through decision number: 0548/Pdt.G/2016/PA.Gtlo at the Gorontalo Religious Court, this type of research is field research, namely field observations of the object being studied in order to obtain data that is relevant to matters relating to the problems studied and which focuses on the results of data collection from informants who have been determined, namely the judges of the Gorontalo Religious Court. The judge’s decision showed that Yuliyanti Pakaya was not the primary heir but the mahjub heir who was not entitled to receive the inheritance. However, Yuliyanti Pakaya was still given the distribution of inheritance by the primary heirs voluntarily through the results of mediation conducted by the Gorontalo Religious Court judges.

Dwi Kasih Maharani Taib; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The aim of this research is to find out the juridical review and legal consequences for the distribution of inheritance to adopted children regardless of the position of the main heir. The method used is empirical juridical research with primary data obtained in the field and secondary data through literature studies and related regulations. The results of this study indicate that based on article 171 letter (c) KHI who becomes an heir must have a blood relationship with the heir, not being hindered by law to become an heir and article 209 paragraph (2) KHI for adopted children who do not receive a will is given a mandatory will 1/3 of the heir's inheritance. However, the facts on the ground are not in accordance with the provisions above, in fact the heir gives more inheritance to the adopted child than the main heir on the grounds that groups 2, 3, and 4 do not object, then the second heir states that the adopted child is older than his biological child. This reduces and closes the share of legal heirs. In adopting a child, it is done in the best interest of the child based on local customs and applicable laws and regulations. This fulfills the elements of article 39 paragraph (1) and article 171 letter (h) KHI. There are three legal consequences of the distribution of inheritance to adopted children, namely: 1) The distribution of inheritance has not been fulfilled in Article 209 paragraph (2) KHI 2) The rights and obligations have been fulfilled for adopted children according to Article 171 letter (h) KHI. However, the adopted child is constrained in terms of legitieme portie cannot sue the position of the main heir 3) Lineage relations, the adoptive parents have severed the lineage relationship of the adopted child with his biological parents where he uses the surname of his adoptive father. This contradicts QS-Al Ahzab: 4 and 5 and does not fulfill article 39 paragraph (2).

Ella Putri Permatasari; Nur Fira Amalia Fabrianti; Qutrotu Salsabila; Muhammad Zalfa Roqiqo Abada

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

As a manifestation of mutual respect and an attitude of living in harmony, it is important to resolve land conflicts through a fair distribution of inheritance. Equitable distribution of inheritance is a process of distributing assets and land rights proportionally according to the needs and contributions of each party involved. Equitable distribution will create social justice and reduce injustice that may occur, so as to reduce conflict, one of which is by means of mediation. Equitable distribution of inheritance can also help develop communities and increase economic well-being. Also intended to eliminate feelings of resentment due to disputes that arise. By means of mediation, it is hoped that this family spirit will be maintained so that a harmonious and peaceful life can be created.

Attahariq T.P; Azizul Hakim .C

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

Customary law is one of the important sources of law in the development of national law which leads to statutory regulations. Bugis tribe is one of the four tribes in South Sulawesi. In the case of inheritance, Bugis tribe recognizes parental kinship system. One of the core elements of customary law for the development of national inheritance law is customary inheritance law. The research results show that the distribution of inheritance to the Bugis community is carried out in three ways:grants, testament or last testament and testament, and after the testator dies.  

Diana Anisya Fitri Suhartono; Naysha Nur Azizah; Claressia Sirikiet Wibisono

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The development of the era, which has experienced many changes from time to time, does not necessarily change the heritage that exists in the lives of people in Indonesia. The evolution of generation does not cause changes to the legacy system that exists in Indonesia. In the Civil Code, there are 3 principles that describe heirs who are entitled to and can obtain inheritance distribution according to the Civil Code inheritance system. The legacy of the heir can not only be in the form of valuable assets, but can also be tangible objects, intangible objects or just a testamentary message conveyed. In life in society, the division of inheritance creates conflict between families which causes the division of one family. In dealing with inheritance problems that will cause conflict between families, the government allows lawsuits related to this inheritance. The Civil Code regulates the principles governing heirs, namely the personal principle, the bilateral principle and the principle of equalization. In addition to regulating these 3 principles, the Civil Code also regulates the elements included in the law of inheritance, namely there are heirs, heirs and also inherited assets as assets that will be delegated by the heir to the heirs. Heirs are also classified into 4 groups, namely Group I, Group II, Group III, and group 4. In addition, the Civil Code also regulates the absolute share of assets in inheritance. This research will use a normative legal research method that uses literature review as an effort to find the required data. Reviewing legal documents that focus on Legislation.

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders

Umar Faruq

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The process of passing on or transferring family assets to children, to family descendants begins when the parents are still alive. The transfer of rights to assets in Muslim communities in Indonesia, apart from being in the form of inheritance, is also known in the form of gifts and wills. Looking at the phenomenon in Langkap village, researchers are interested in the practice of dividing inheritances, gifts and wills with economic considerations for the heirs, civil servant heirs will receive a smaller amount of inheritance than non-civil servant heirs. The distribution is based on the agreement of the heirs because this distribution prioritizes the principle of deliberation and consensus between the heirs. It should be noted that the phenomenon of inheritance distribution that occurs in Langkap village adheres to one of the hereditary systems that exist in Indonesia, namely the bilateral system. This bilateral system attracts both the father's and mother's lineages, so that in this kind of family, in essence, there is no distinction between the heirs from the mother's side or the father's side. The reasons for dividing inherited assets based on economic considerations include, among other things, a sense of compassion, avoiding inequality. economy, and avoid conflict. Ways to avoid conflict can be done by dividing inheritance assets taking into account the economic considerations of the heirs, dividing inheritance assets equally, deliberation and handing over problems to the village.