scholarly journals Hak Waris Laki-Laki Perkawinan Nyeburin dalam Hukum Adat Bali di Desa Adat Sawan Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 147-152
Author(s):  
Ni Kadek Ratna Dewi ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya
Keyword(s):  
Legal Research ◽  
Conceptual Approach ◽  
Dry Land ◽  
Kinship System ◽  
The Status ◽  
Ownership Rights ◽  
Male Lineage

The kinship system that adheres to the Patrilineal system or better known to adhere to the male lineage system or in Balinese terms is commonly known as following the purus. Purusa will later become an heir and will inherit all the rights and obligations of his parents towards God. A Nyeburin marriage is the opposite if the wife has the status and position as purusa and the man has the status and position as pradana. This study aims to analyze the model of inheritance for boys who marry in Sawan Village, Gianyar Regency and explain the ownership rights to inheritance given by men in nyeburin marriages in Sawan Traditional Village, Gianyar Regency. The method used was empirical legal research, with a statutory and conceptual approach. Sources of data used were primary and secondary legal data. The results showed that the model of giving inheritance for boys who married in Sawan Village, Gianyar Regency was given a kind of gift in the form of dry land which was given to men who were willing to be son-in-law and to marry in order to give the property when the man -the man who agrees and agrees to do the marriage intercourse, then the land becomes the man's full right.

scholarly journals HAK WARISAN DAN HUBUNGANNYA DENGAN DAHA TUA MENURUT HUKUM ADATA BALI

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Ni Ketut Sri Ratmini
Keyword(s):  
Feminist Theory ◽  
Young Women ◽  
Customary Law ◽  
Legal Research ◽  
The Third ◽  
Kinship System ◽  
Inheritance System ◽  
The Status ◽  
To Receive

This study aims to answer the question of how the law of inheritance and relationship with  daha tua under customary law Bali. After doing legal research by reviewing a number of normative rules of customary law relating to inheritance and the results were analyzed with the theory of the legal system, justice theory and feminist theory, then we can conclude the nature of inheritance under customary law Bali is the process of transfer of the assets, debts, obligations and the responsibility of the heir to the heir to consider whether the position as purusa or not as Purusa. This is in accordance with the kinship system adopted by indigenous people in Bali are patrilineal, where applicable three inheritance system that is individual, collective and mayorat. Daha tua in Bali inheritance under customary law is largely determined by its status as Purusa or not. Daha tua is purusa, if it does not have siblings (only child), where his right to inheritance is the same as a boy with the status of Purusa. If the status is not an daha tua purusa then heritage inadmissibility under customary law as contained in the Bali awig awig and Main Assembly decision Pakraman (MUDP) is the same as the young women who have not married, are only entitled to use the property in order to get rich from their parents as the soul of funds or property that are used to maintain its viability. Subsequent developments MUDP Assembly decided, a woman is entitled to receive half of the inheritance rights purusa after the third cut to inheritance and preservation of the interests of all the women were not converted and lawlessness on their parents. Inheritance received daha parents also depends on the role of the structure that has the authority to regulate the provision of such heritage Pakraman and Village Main Assembly. Furthermore, it is suggested to indigenous villages are advised to adopt decisions in the Great Assembly awig awig as stated in the decision Majelis Utama Desa Pakraman

scholarly journals Due to the Financing Company’s Capital as a Fidusian Recipient of Fidusian Security Objectives

2021 ◽  
Vol 8 (7) ◽  
pp. 19
Author(s):  
Erick Wiryadharma ◽  
Moh. Saleh
Keyword(s):  
Legal Research ◽  
Physical Control ◽  
The Status ◽  
Ownership Rights

The type of research used in this research is normative legal research. The transfer of ownership rights to the Fiduciary Collateral Objects is handed over in a constitutum possessorium, which means that the trustworthiness of the guaranteed property (the debtor's property) is transferred to the creditor, with physical control over the goods remaining with the debtor. Where it’s agreed that the owner of the object will surrender his/her right over the object to the Fiduciary. But with a promise that the owner of the object may still use it and then hold onto the object for the Fiduciary. So the status, the person who was originally the owner, is now a borrower. In this incident, there was no real surrender, but only based on an agreement.

scholarly journals Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing

2020 ◽  
Vol 1 (2) ◽  
pp. 7-11
Author(s):  
Agnes Geraldine Olga Supriyana ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Land Ownership ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

scholarly journals Pewarisan Saham Perseroan Terbatas Kepada Warga Negara Asing Melalui Surat Wasiat

Res Judicata ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 70
Author(s):  
Fagustien Zaharani
Keyword(s):  
Legal Protection ◽  
Limited Liability ◽  
Domestic Investment ◽  
Legal Research ◽  
Conceptual Approach ◽  
Foreign National ◽  
Foreign Nationals ◽  
Limited Company ◽  
The Status ◽  
Made In

The implementation of a will for the object of inheritance in the form of shares in a limited company of domestic investment aimed at foreign nationals as recipients of a will until now has not been regulated in the Laws and Regulations in force in Indonesia. The author in this study wants to examine and analyze further about the validity of a will addressed to foreign nationals and legal protection for foreign nationals who obtain an inheritance in the form of shares from a will. The research method used is normative legal research, namely legal research carried out by examining library materials or secondary legal materials while the problem approach is carried out using a law approach and conceptual approach. The results of the study indicate that making a will is not limited to the citizenship of a person, either an Indonesian citizen or a foreign national. A will addressed to a foreign national must be made in the form of an open will (open bar testament) made before a Notary who is domiciled in the country where the object of inheritance is located. Legal protection for the transfer of shares due to inheritance to foreign citizens is to change the status of the company into a foreign investment limited liability company in accordance with the provisions in Indonesia.

scholarly journals Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan

2020 ◽  
Vol 1 (1) ◽  
pp. 30-36
Author(s):  
Kadek Hapsari Ika Palupi ◽  
Ida Ayu Putu Widiati ◽  
I Wayan Arthanaya
Keyword(s):  
Civil Code ◽  
The State ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
Inheritance Law ◽  
The Status ◽  
One Year ◽  
The Right ◽  
Ownership Rights ◽  
Land Inheritance

A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.

scholarly journals Mechanism for collective property sharing in mixed marriage

2020 ◽  
Vol 5 (1) ◽  
pp. 70-80
Author(s):  
Siti Alfisyahrin Lasori
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Mixed Marriages ◽  
The Status ◽  
Ownership Rights

This research discusses the mechanism of sharing joint assets for mixed marriage partners. The results of the study illustrate the applicable provisions with the facts that occur in the community regarding land ownership for Indonesian husbands or wives in mixed marriages. The research method used in this research is normative research method. The statutory approach and the conceptual approach The statutory approach is an approach using legislation and regulations. And the conceptual approach is to refer to legal principles. These principles can be found in scholarly views or legal doctrines . This study aims to analyze the mechanism for sharing joint assets in marriage, is based on the prevailing laws and regulations and provides legal certainty for the husband or wife of Indonesian citizens regarding the status of land ownership in joint assets for mixed marriages. Based on the results of the research, a conclusion is obtained that land ownership for Indonesian citizens due to mixed marriages without being equated with land rights for their foreign partners, which is only limited to use rights. Legal certainty for current Indonesian citizens to be entitled to land with ownership rights.

scholarly journals Kedudukan Balu Luh di Desa Adat Suter Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 104-112
Author(s):  
I Made Suriana ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya
Keyword(s):  
Problem Formulation ◽  
Research Problem ◽  
Legal Research ◽  
The Family ◽  
The Status ◽  
Patrilineal Descent ◽  
The Right ◽  
The Village ◽  
Male Lineage

The patrilineal descent system, as is also the case in the indigenous Balinese, has the consequence that the heirs in Bali are determined according to the male lineage (purusa). However, it is also possible for women to be appointed as heirs, that is, in the case of the girl being appointed as a sentana rajeg or the status of a girl is changed from predana to purusa status. Based on the background of this research problem formulation as follows: how is the obligation for the manners of Balu Luh in the Suter Bangli Customary Village and how the authority of the manners  for  the  inheritance  of  her  husband.  The  type  of  research  used  is empirical legal research. The results of this research discussion are as follows: Obligations for manners in the village of Suter Bangli, among others, take care of the inheritance of her deceased husband well, behave well, enforce discipline, obey the obligations, carry out obligations, panca yadnya and others, which are then referred to as her husband's legacy properly balu pageh, the widow's right as long as only enjoying it can not sell, give, and give it to others except with the consent of her children and the family of her late husband if her children are still small. This applies to heirlooms and riches (marriage assets), because for heirlooms, a widow does not have any rights, the right is the purusa of the family of her deceased husband, but the widow has the right to enjoy it if the widow is pageh. The authority of the courtesy of her husband's inheritance includes: Maintaining the integrity of the family, not doing things that are not good, so that it can be called a shame. No authority to sell, transfer the assets left by her late husband. May ask for children / sentana, but with the consent of the family of the late husband. May also remarry with the approval of the family of the late husband.

scholarly journals LEGACY IN DIFFERENT RELIGION AND THE IMPLEMENTATION OF WAJIBAH HERITAGE AGAINST NON MOSLEM HEIR IN INDONESIAN

2020 ◽  
Vol 5 (1) ◽  
pp. 8-15
Author(s):  
I Nyoman Sujana
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Kinship System ◽  
Relationship Of ◽  
To Receive ◽  
The Relationship ◽  
Religious Differences ◽  
Good Deeds

This study examines more deeply about the judge's consideration in establishing a Muslim as an heir of the assets of a non-Muslim heir in Indonesia, and why wajibah must be chosen as a solution in providing inheritance to non-Muslim heirs in Indonesia. This research is a normative legal research by using statute approach conceptual approach and case approach. The result showed that firstly the judges' considerations that deviate from the Word of the Prophet (peace be upon him): "It is not right for a Muslim to inherit unbelievers, nor do infidels inherit Muslims" is based on the values of justice and legal certainty regarding the rights of heirs to the inheritance arising from the relationship of the heirs arising from the relationship kinship that is so close and peaceful despite different beliefs/different religions, the ability of Muslim heirs to receive inheritance from non-Muslim heirs will bring more kemashalatan (goodness) for Islam. By leaving the inheritance of non-Muslim heirs to Muslim heirs, it will safeguard these assets to bring good deeds in accordance with the teachings in Islam. Secondly, mandatory wills are chosen as a way out in giving inheritance to non-Muslim heirs, because the heir does not leave a will or grant during his lifetime to non-Muslim heirs, so that for the sake of fairness, usefulness and legal certainty, the judge with his authority has the authority to determine compulsory testaments to non-Muslim heirs. Because the kinship system in Islamic law is more important when compared to religious differences as a barrier to inheritance.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

LEGAL RESEARCH AT AHMAD IBRAHIM KULLIYYAH OF LAWS, INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA: TRENDS AND POLICIES

2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Hunud Abia Kadouf ◽  
Umar Aimhanosi Oseini ◽  
Ainul Jaria Maidin
Keyword(s):  
Research Output ◽  
Academic Staff ◽  
Research Quality ◽  
Research Progress ◽  
Institutions Of Higher Education ◽  
Legal Research ◽  
The Past ◽  
Research Institution ◽  
Research Activities ◽  
The Status

The primary function of Ahmad Ibrahim Kulliyyah (Faculty) of Laws, at the very beginning of its inception, was that of teaching civil law and Sharî’ah subjects. As it matured, its vision has been varied from teaching to that of research with the aim of attaining the status of a full research institution that provides both quality research and best legal education in the region. Similar to other institutions of higher education in Malaysia, the responsibility of research is a shared function of both graduate students and the academic staff. The research output, on the part of the students is mostly composed of either Master Dissertations or PhD Theses. The academic members of the Faculty, however, are involved either in direct research, individually or jointly, supervision, and publications of their findings. By investigating and analyzing factors influencing research activities at AIKOL in the past twenty years, the researchers will be able to identify the general trends and development of research as it unfolded over years. The researchers hope that the policymakers, at both Faculty and University levels, will use the findings to improve research quality by boldly addressing the problems hampering research progress at AIKOL.

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