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All Journal Cepalo Indonesia Private Law Review
Dwi Tatak Subagiyo
Universitas Wijaya Kusuma
Law, Crime, Criminology & Criminal Justice

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THE EXPLANATION OF THE CHILD AND WIFE'S INHERITANCE RIGHTS AS A RESULT OF SIRI LEGITIMATE MARRIAGE Dwi Tatak Subagiyo; Desi Nurkristia Tedjawati
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2589

Abstract

Children out of wedlock (illegitimate children), according to Law No.1/1974, still have a legal relationship with their mother and their mother's family. In contrast, in KUHPdt/BW, the legal relationship exists only with the person who acknowledges it. The Constitutional Court stated that Article 43 paragraph (1) of the Marriage Law is conditional unconstitutional. The decision of Constitutional Court Number: 46 / PUU-VIII / 2010 regarding the status of children born outside of marriage raises new problems regarding the distribution of inheritance from the father to the child. In Islamic law, the distribution of inheritance cannot be implemented because, according to the concept of Islamic inheritance law, there are conditions such as lineage or a legal relationship according to marriage. In that regard, this study will comprehensively discuss the characteristics of inheritance distribution to children out of wedlock in positive Indonesian law, as well as the castration of a wife's inheritance rights as a result of the legal consequences of inheritance distribution to children out of wedlock based on Constitutional Court Decision Number: 46/PUU-VIII/2010. The method used in this research is normative legal research using the case approach method by analyzing the relevant laws and regulations and examining cases related to inheritance rights for children born out of wedlock. The results confirmed the apparent support for the inheritance rights of illegitimate children is indeed in the mother's family line. Article 863 BW states that if the inheritance leaves a legal offspring or husband or wife, the illegitimate children inherit 1/3 of what legitimate children would receive.
CHARACTERISTIC OF ILLEGAL ONLINE LOANS IN INDONESIA Dwi Tatak Subagiyo; Lorensia Resda Gestora; Sulistiyo Sulistiyo
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

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Abstract

Financial technology is a business that provides financial services by utilizing cutting-edge software and technology. Online loan providers are financial service providers that operate online using information technology. They are well-known for having a simple process and are particularly useful in the current situation, where there is an urgent need, but no funds are available. In less than two years, dozens of financial technology companies have started lending online in Indonesia, far exceeding many people's expectations. However, when applying for credit, many consumers do not consider or care about the legality of online lending institutions. Based on the above description, this research aims to determine the main characteristics of illegal online loans in Indonesia, as well as the legal responsibility of illegal online loan providers to borrowers. The approach used in normative research refers to legal norms, which are laws, regulations, court decisions, and societal norms. The results of the studies showed that characteristics of illegal online loans in Indonesia are often associated with the word illegal because the online loan often has not been or is not authorized by the OJK; this happens because there are requirements that the online loan provider cannot meet. This online loan uses peer-to-peer landings and financial technology (Fintech), authorized in Regulation 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services governs fintech. Illegal online loan providers can be subject to several sanctions, including; administrative sanctions, criminal sanctions, and civil sanctions.
Co-Authors Desi Nurkristia Tedjawati Lorensia Resda Gestora Sulistiyo Sulistiyo