Ulfanora
Universitas Andalas

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The Role of Mediators In Resolution of Inheritance Disputes As Reviewed From Supreme Court Regulation Number 3 of 2022 Concerning Mediation Procedures In Court Ulfanora
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/8eaqcp49

Abstract

An inheritance dispute is a dispute that arises between heirs egarding the inheritance left by someone who has died. This conflict is often triggered by disagreements regarding the division of assets, the validity of a will, or determining who is entitled to be an heir. This dispute has a high sensitivity because it involves emotional relationships and close family ties. In the context of its resolution, mediation is a very relevant instrument for inheritance disputes because it can maintain good relations between families. The mediation process provides a constructive dialogue space for heirs to express their respective interests openly. Thus, you can find a fair and mutually acceptable solution without having to go through a lengthy court process. This research is a normative legal research (doctrinal research) with a statutory approach, a conceptual approach, and a case approach. According to Prof. Peter Mahmud Marzuki, normative legal research is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The results of this study explain that first,Based on Supreme Court Regulation Number 3 of 2022, the role of a mediator in inheritance disputes is extensive. A mediator acts as a neutral facilitator who not only bridges communication but also explores the root causes and hidden interests. Second, the implementation of this role is based on fundamental principles such as neutrality, confidentiality, and voluntary decision-making. Mediators professionally create a conducive environment for fair and equal negotiations. Third, Overall, Supreme Court Regulation 3/2022 emphasizes that mediation is an effective and humane path to resolving inheritance disputes. The mediator's role is key to transforming destructive conflict into an opportunity to improve family relationships. Therefore, utilizing this mediation mechanism is a wise choice for those seeking a fair, swift solution that maintains the integrity of family ties.
Civil Liability Digital Platform Regarding Personal Data Leaks Following the Enactment of Law Number 27 of 2022 Concerning Personal Data Protection Ulfanora; Nanda Utama
Jurnal Sakato Ekasakti Law Review Vol. 5 No. 1 (2026): Jurnal Sakato Ekasakti Law Review
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/1m23nk09

Abstract

The rapid development of technology has impacted various aspects of life, including economic, social, cultural, legal, and political aspects. This technological advancement has transformed the way people communicate and the provision of government services to the public. Information technology has become a new way for people to obtain information autonomously. Technology has become a Human Right to Digital Access. In general, the public is not yet aware of the impact of information misuse, resulting in low awareness of personal data protection. As a form of government concern for the public, who are both users and actors in this digital development, various regulations or rules have been established to provide legal protection for all people in utilizing the currently rapidly developing digital advancements. The existence of Law Number 27 of 2022 concerning Personal Data Protection is due to the numerous cases of data leaks in Indonesia. Research results explain thatFirst, Indonesia has ratified personal data protection regulations since 2022. The ratification of personal data protection regulations is effective starting from 2024. When Law Number 27 of 2022 concerning personal data protection was ratified into regulations and implemented in society, there were still shortcomings that became obstacles in its implementation in society.Second,. Following the enactment of Law Number 27 of 2022 concerning Personal Data Protection, the civil liability of digital platforms has provided legal certainty. Law Number 27 of 2022 concerning Personal Data Protection explicitly places the burden of responsibility on them as data controllers. If a leak occurs due to a security system failure, they can no longer avoid legal responsibility to compensate for the losses you have suffered as a data subject.
Bank's Position as a Holder of Lien Objects Confiscated By The State From a Public Interest Perspective Ulfanora; Tasman
Jurnal Sakato Ekasakti Law Review Vol. 5 No. 1 (2026): Jurnal Sakato Ekasakti Law Review
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/7zmnr097

Abstract

Banking plays a strategic role in supporting national development through its financial intermediation function. One of the main instruments in banking activities is collateral, which provides legal certainty for creditors. However, problems arise when the collateral is seized by the state in corruption cases. The conflict between the bank's right of execution as the creditor holding the collateral and the state's interest in recovering assets resulting from corruption creates legal uncertainty that has a systemic impact on public trust in the banking sector. One form of uncertainty regarding bank collateral is the ease with which the state can seize the collateral for reasons of public interest. In this case, banks lack legal protection and strong legal certainty as the separatist party holding the collateral. The research results show, first, that Supreme Court Regulation Number 2 of 2022 concerning Procedures for Resolving Objections from Good-Faith Third Parties to Decisions on Confiscation of Property Not Owned by the Defendant in Corruption Cases does not provide adequate protection for banks because it only accommodates third parties with physical ownership of the assets. Furthermore, Supreme Court Decision No. 540 K/Pdt/2022 reinforces the tendency to prioritize state interests, weakening the legal position of banks as collateral holders. As agents of development, banks have a public interest that should be protected by law to maintain national economic stability. Therefore, regulatory reform is needed that explicitly recognizes banks as third parties acting in good faith in the Banking Law. Furthermore, the position of banks as collateral holders in Law Number 4 of 1996 concerning Mortgage Rights needs to be explicitly regulated by adding a norm or paragraph to Article 9 in Part III concerning Grantors and Holders of Mortgage Rights. Furthermore, there needs to be an exception in the Corruption Crime Law regarding the seizure of tangible and intangible movable assets that have become collateral objects by banks. This way, there is legal certainty for banks as creditors with separatist rights over material objects, allowing them to directly execute their collateral objects without the need for asset seizure by the state.