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Sofyan Arief

Fakultas Hukum, Universitas Muhammadiyah Malang

Author-ID : 5648615

Law, Crime, Criminology & Criminal Justice

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PELAKSANAAN PEMBAGIAN WARISAN DALAM MASYARAKAT ADAT OSING (STUDI DI DESA ADAT KEMIREN KABUPATEN BANYUWANGI) Achmad Rizqi Syahbana; Komariah; Sofyan Arief
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

The implementation of customary inheritance law is still often used by people in Indonesia, as well as for the Osing indigenous people who live in the Kemiren Traditional Village, Banyuwangi Regency. The implementation of inheritance distribution in the area is still guided by the traditions and culture that have been passed down from generation to generation, so that it continues to develop in order to seek justice in the inheritance system of the Osing indigenous people. On this basis, it is necessary to have a legal instrument that can regulate the customary inheritance law of the Osing tribe. This study aims to help answer these problems by knowing the arrangement and implementation of inheritance distribution in the Osing customary community. The method used in this research is sociological juridical. Data collection techniques used in this study were interviews, documentation, and literature study. The result of this research is that the arrangement of inheritance distribution in the Osing customary community applies the Pancer Line and the Kembang Pathways system, with the distribution of two to one for male heirs and female heirs. As for the implementation of the distribution, it is different from the regulation, namely that the distribution of inheritance between male heirs and female heirs is distributed equally, namely one to one. The arrangement for the distribution of inheritance in the Osing customary community has worked well, although in practice there are differences with the prevailing rules, however, the distribution should be adjusted according to the rules so that customary values are maintained in accordance with the characteristics of Osing's customary inheritance law

ANALISIS PUTUSAN MAHKAMAH AGUNG NO.2871K/PDT/2017 DALAM KASUS PENGINGKARAN AKTA PERJANJIAN PERDAMAIAN NO.04/PDT.G/2000/PN.PROB Risma Puspita Ningrum; Sofyan Arief; Herwastoeti
Indonesia Law Reform Journal Vol. 1 No. 1 (2021): Maret 2021
Publisher : Universitas Muhammadiyah Malang

This study aims to determine the legal strength of the Peace Agreement Deed No.04/Pdt.G/2000/PN.Prob and to analyze the Supreme Court Decision N0.2871K/Pdt.G/PN.Prob in the case of denial of the peace agreement deed No.04/Pdt.G /2000/PN.Prob in a Legal Perspective, this research uses the Normative Juridical method. The result of this research is that Peace Decision No.04/Pdt.G/2000/PN.Prob has permanent legal force as well as the judge's decision at the final level. in accordance with the provisions of Article 1858 paragraph (1) of the Civil Code Jo. Article 130 paragraph (2) and (3) HIR, and the peace deed, have 3 legal powers, namely binding and final, perfect proof, and executorial power. The District Court's decision was appropriate because the defendant's actions were categorized as illegal actions based on Article 1365 of the Civil Code, this was because the plaintiffs were the legal owners of the disputed land based on the peace decision No.04/Pdt.G/2000/PN/Prob. The Court of Appeal's decision was inaccurate, because it had canceled the peace decision Deed No.4/Pdt.G/2000/PN.Prob in which the peace decision No.4/Pdt.G/2000/PN.Prob had permanent legal force as stipulated in Article 130 HIR, Jo. Article 1858 of the Civil Code, judges of the High Court in passing decisions exceed their authority because the High Court as Judex facti does not have the authority to judge or overturn the final decision, and if the Appellants find new evidence then the legal remedy that can be taken is legal. Article 67 letter b Law No.14 of 1985 concerning the Supreme Court. Furthermore, the Supreme Court's decision was appropriate, because according to the Supreme Court the Judex facti the High Court had wrongly applied the law because it had canceled the Peace Deed No.4/Pdt.G/2000.PN.Prob which had permanent legal force. So that in this case the legal conflict lies in the decision of the High Court

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Journal : Indonesia Law Reform Journal (ILREJ)