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Sarfia Nengsih
Airlangga University
Law, Crime, Criminology & Criminal Justice

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Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau Ira Damayanti Putri; Dhea Amelisca; Sarfia Nengsih
Notaire Vol. 2 No. 2 (2019): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.37 KB) | DOI: 10.20473/ntr.v2i2.13916

Abstract

Minangkabau indigenous people if the family does not have children, especially children, especially girls, it is permissible to adopt children as successors. The position of daughters in the family in the Minangkabau community is very important in terms of the continuation of the clans from a family, this is because the Minangkabau people generally adhere to the Matrilineal family system. But in its development with the entry of Islam in Indonesia, most of the Minangkabau people were influenced by the teachings of Islam, so that in the position of heirs there was a position of heirs that contradicted the Islamic inheritance law with customary inheritance law in the Minangkabau community. The problem in this research is Islamic inheritance law towards customary inheritance law in Minangkabau people. The results of this study are that the Minangkabau community after the entry of Islam, implemented two inheritance systems, namely for high inheritance inherited by the Matrilineal collective inheritance system, for low inheritance inherited with Bilateral individual inheritance systems.
The Analysis on Combination Indemnity Claims Upon the Cancellation Act of Unilateral Agreement Sarfia Nengsih; Eliza Maureen Kristianto; Riski Pebru Ariyanti
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.194

Abstract

In reality, there is a possibility that a party unilaterally canceled (before the agreement is implemented). This course can be detrimental to others, on the basis of which the aggrieved party should be able to claim compensation. To make demands, it needs the right legal basis. Whether it isa default or illegal act. There are major differences in claims on the basis of default and claims based on illegal acts. Because there is a difference between claims for compensation in default and illegal acts, a study of agreement cancellation is needed unilaterally. Merging claims against law and default agreements is possible because it does not conflict with the law and in accordance with the jurisprudence and the opinion of Supomo that the claim merger requires a close relationship (innerlickesamenhangen). As a result of the law being granted, the merging claims of unlawful conduct and default in the aforementioned decision, the judge sentenced the Defendant for the act against the law and Default to the Defendant to pay material compensation which is obviously suffered and the Immaterial loss in the form sum of money payment.
Co-Authors Dhea Amelisca Eliza Maureen Kristianto Ira Damayanti Putri Riski Pebru Ariyanti