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All Journal University Of Bengkulu Law Journal Jurnal Penelitian Serambi Hukum
Husni Kurniawati
Fakultas Hukum Universitas 17 Agustus 1945 Semarang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Pembatalan Putusan Arbitrase di Pengadilan Husni Kurniawati; Salma Nur Hanifah
University Of Bengkulu Law Journal Vol. 9 No. 2 (2024): OCTOBER
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i2.38134

Abstract

The arbitration award results in a final and binding decision. However, an annulment attempt can be made based on Article 70 of the ADR Law which is directed at the District Court. This is contrary to the principle of non-intervention of the court in Articles 3 and 11 of the ADR Law. The urgency of this study is to determine the authority of the court and the use of the provisions of Article 70 in the annulment of an arbitration award after the issuance of the Constitutional Court Decision Number 15/PUU-XIII/2015 and Supreme Court Regulation number 3 of 2023. This study uses a normative legal approach with analytical descriptive research specifications. The sources and types of data used are secondary data collected through literature which are analyzed descriptively qualitatively. The results of the study indicate that the District Court only has the authority to cancel based on the elements of Article 70 of the ADR Law without being accompanied by an act of trying it itself. The use of the provisions of Article 70 of the ADR Law still has different opinions even though the Constitutional Court has issued a decision Number 15/PUU-XIII/2015, as in the Semarang District Court Decision No. 01/Arbitrase/2016/PN.Smg and the Supreme Court Decision No. 480B/Pdt-Sus-Arb/2017. The follow-up to the Constitutional Court decision was then made by Supreme Court Regulation number 3 of 2023 to regulate further. However, the regulation still does not clearly regulate the use of the provisions of Article 70 of the ADR Law which contains criminal elements but is carried out in a civil manner. The ambiguity in terms of evidence related to the norms contained in Article 70 will potentially cause legal uncertainty for justice seekers.
Akibat Hukum Terhadap Akta Wasiat Yang Tidak Diketahui Para Ahli Waris Dan Penerima Wasiat Setelah Pembagian Harta Waris Berdasarkan Hukum Waris Barat Monica Belinda Oksavina; Husni Kurniawati
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1456

Abstract

A Will (testament) is a legal instrument containing a person’s declaration regarding what he or she wishes to take effect after death, and it may be revoked by the testator at any time. In practice, a testator often does not inform family members or even beneficiaries of the existence of a will, with the expectation that upon death the will shall be implemented and the estate distributed in accordance with its provisions. This study examines the legal consequences of a will that is unknown to the heirs and beneficiaries after the distribution of the estate has been carried out, as well as the measures that must be undertaken prior to the execution of inheritance distribution. This research employs a normative juridical research method with a statutory approach. A will that is unknown to the heirs remains valid and retains its legal force. Where the distribution of inheritance is not based on an existing will, such distribution may prejudice the beneficiaries designated in the will. Consequently, the beneficiaries are entitled to assert their rights against the heirs and may demand a redistribution of the inheritance in accordance with the will. The procedure that must be undertaken prior to the distribution of inheritance is the verification of the existence of a will through the Central Register of Wills, which may be facilitated by a Notary by complying with the procedures stipulated in the Regulation of the Minister of Law of the Republic of Indonesia No. 16 of 2025.
Co-Authors Monica Belinda Oksavina Salma Nur Hanifah