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All Journal Journal of Law and Policy Transformation
Muhammad Havez
Faculty of Law, Universitas Lampung
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Position Of Children In The Distribution Of Inheritance From Incestual Marriage According To Islamic And Civil Law Diva Pitaloka; Muhammad Havez; Joko Jumadi; Ria Wierma Putri
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9874

Abstract

Marriage is a sacred process with several legal requirements that must be obeyed when one of the conditions for the validity of a marriage is not fulfilled. Furthermore, if things contained in the prohibition of marriage, such as committing inbreeding or incest, then the marriage is considered invalid or can even be canceled by law. When a marriage is considered invalid or even annulled by law, it will have legal consequences for the position of children born from the marriage, including the position of children in inheritance. This research uses a normative legal approach method that uses doctrines and principles of law as a reference and uses primary and tertiary legal materials. From this research, it can be concluded that inbreeding or incest is considered invalid in Indonesia, so it results in the position that children born from incest relationships are illegitimate children and are also referred to as adulterous children or discordant children (civil code). In terms of inheritance, children of incest have no inheritance at all. Both Islamic and Civil Law state that children of incest only have relation to their biological mother and mother's family, while to their biological father, there are no relations at all because they have no obligation to inherit each other and only have a right to demand the necessary maintenance from their biological father asset’s
A Legal Review of The Granting of Abolition and Amnesty in The Cases of Tom Lembong and Hasto Kristiyanto Under Indonesian Criminal Law Muhammad Havez; Muhammad Rusjana; Erine Nur Maulidya
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11264

Abstract

This study aims to analyze the legal basis and mechanism for granting abolition to Tom Lembong and amnesty to Hasto from the perspective of Indonesian criminal law. Furthermore, this study also discusses the legal implications of these abolitions and amnesties for law enforcement and legal certainty in Indonesia. The research method used is a normative legal approach, examining laws and regulations, doctrine, and relevant literature. The analysis shows that granting abolition and amnesty is a presidential prerogative, as stipulated in the constitution and laws. However, its implementation must adhere to the principles of justice, legal certainty, and expediency. The granting of abolition to Tom Lembong and amnesty to Hasto has sparked legal debate, particularly regarding the limits of executive authority over the criminal justice process. These legal implications include the potential to reduce the deterrent effect, create a political precedent in law enforcement, and demand stricter regulations to ensure that abolition and amnesty policies do not conflict with the principles of the rule of law.
Co-Authors Diva Pitaloka Erine Nur Maulidya Joko Jumadi Muhammad Rusjana Ria Wierma Putri