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All Journal Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Khotibul Umam
Universiats Gajah Mada, Yogyakarta
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Comprehensive Study of Inheritance Law Arrangements: Principles, Heirs, Heirs, and Management of Inheritance Boedel Khotibul Umam; Iqbal Harry Wibowo; Abdillah Tarigan; Amanda Rahmadhani; Aliyyah Putri Hadianto
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.755

Abstract

Inheritance law is an integral part of the civil law system that regulates the mechanism for transferring assets from a deceased person to their legal heirs. In the context of Western civil law as regulated in the Civil Code (KUHPerdata), the inheritance system used is an individual-bilateral system, namely a system that gives each individual the right to receive an inheritance separately from the paternal and maternal lines. This reflects the principle of justice and independence in obtaining a share of the inheritance based on the blood relationship of both parents. This study aims to comprehensively examine the basic principles of inheritance law in the Civil Code, including provisions regarding heirs, heirs, and the management of inheritance estates. This study uses a normative juridical method, namely by examining the provisions of positive law contained in the Civil Code and relevant legal literature. The results of the study indicate that although the Civil Code prioritizes legal certainty in the distribution of inheritance, its implementation in the field still faces various challenges, especially related to disputes between heirs and the implementation of wills. Therefore, a deep understanding of the principles and structure of inheritance law is important to support a fair and legal inheritance process in society.
Cross-Border Arbitration in Indonesia: Between International Arbitration Commitments and Domestic Judicial Practice Annisa Putri Sinaga; Annisa Putri Andini Tanjung; Siti Salmiah Dalimunthe; Rahman Al Fauzi Siregar; Khotibul Umam
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1309

Abstract

This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study argues that the principal challenge does not lie in the inadequacy of Indonesia's arbitration legislation, but rather in the inconsistent interaction between domestic judicial practice and international arbitration commitments. It contributes to the existing literature by proposing a harmonized interpretative framework that reconciles national judicial sovereignty with Indonesia's obligations under the New York Convention, thereby strengthening legal certainty in cross-border commercial dispute resolution.
Cross-Border Arbitration in Indonesia: Between International Arbitration Commitments and Domestic Judicial Practice Annisa Putri Sinaga; Annisa Putri Andini Tanjung; Siti Salmiah Dalimunthe; Rahman Al Fauzi Siregar; Khotibul Umam
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1309

Abstract

This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study argues that the principal challenge does not lie in the inadequacy of Indonesia's arbitration legislation, but rather in the inconsistent interaction between domestic judicial practice and international arbitration commitments. It contributes to the existing literature by proposing a harmonized interpretative framework that reconciles national judicial sovereignty with Indonesia's obligations under the New York Convention, thereby strengthening legal certainty in cross-border commercial dispute resolution.
Co-Authors Abdillah Tarigan Afwan Akbar Barus Aliyyah Putri Hadianto Amanda Rahmadhani Annisa Putri Andini Tanjung Annisa Putri Sinaga Dafa Hawari Iqbal Harry Wibowo Lukuluk Suhaila suhaila Rahman Al Fauzi Siregar Siti Salmiah Dalimunthe Tiara Zaskia Rahma Harahap