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Rofi Ayyasy; Handar Subhandi Bakhtiar

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Indonesia and Malaysia, as two Southeast Asian nations with shared historical and cultural ties, possess distinct legal sistem shaped by their colonial legacies. Indonesia adheres to a civil law sistem (derived from Dutch jurisprudence), while Malaysia follows a common law framework (inherited from British rule). Nevertheless, both jurisdictions incorporate Islamic law and customary legal traditions into their national legal sistem. This study conducts a comparative analysis of the legal sistem of both countries, with a particular focus on criminal law, civil law, and judicial structures, while also examining the challenges and opportunities for legal harmonization in the context of ASEAN integration. The research employs a normative juridical methodology, utilizing statutory and doctrinal legal analysis. Findings indicate that the primary distinctions lie in their legal sources (codification versus precedent) and the role of judicial institutions, while similarities emerge in their recognition of legal pluralism. Harmonization efforts face structural, substantive, and cultural challenges, yet potential exists in areas such as digital law, environmental law, and Islamic inheritance law.

Lediyana Br Kaban; Suheri Harahap; Ahmed Fernanda Desky

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the shift in social values in the inheritance rights of Karo Muslim women in Lingga Culture Village, Karo Regency. This research uses qualitative research and descriptive method. Information was collected through observation, in-depth interviews with traditional leaders, religious leaders, and Karo Muslim family members and documentation. The findings of the study reveal that there is a significant change in the distribution of inheritance rights of Karo Muslim women, from previously not getting their share to now being more fair and equal. The patriarchal culture in Karo society places men at a higher level than women. The Lingga Cultural Village community initially applied customary law, namely "Ajar dibata reh tua-tua sinuria" which means the teachings of ancestors in the distribution of inheritance rights, the inheritance of parents is only given to sons as heirs while daughters are not recognized as heirs and will only get "pemberen" which means gifts from parents. According to Max Waber's theory of social action, the division of inheritance rights is carried out using customary laws that have become social customs because these actions have meanings and values that are now showing a shift in Karo society. However, along with the times and increasing public awareness of the importance of gender equality, the rules for the distribution of inheritance in Lingga Cultural Village began to change. The occurrence of this social value shift is influenced by religious factors, education, jurisprudence, and globalization.

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.