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All Journal WAJAH HUKUM Unes Law Review As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Journal of Law, Poliitic and Humanities Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Meliyana Yustikarini
Fakultas Hukum, Universitas Indonesia, Depok, Indonesia.
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Akibat Hukum Pembagian Waris Untuk Anak dari Adanya Perkawinan Kedua atau Perkawinan Poligami El Syavira, Inasa; Yustikarini, Meliyana
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1459

Abstract

The second marriage or polygamous marriage can be carried out if the conditions have been met and the relevant parties have obtained permission both in the form of an application to the district court in the area where they live and permission from the first wife from a previously existing marriage. This kind of marriage has been carried out by many Indonesian people with a variety of basic reasons and looking for justification so that it can also be carried out. Children or offspring born legally will receive recognition and are clear in the eyes of the law. Heirs who have legitimate children either from their first marriage, second marriage or polygamous marriage have legal position and strength in claiming and receiving their rights to the inheritance of the heirs who have become inherited property. The Civil Code, Marriage Law No. 16 of 2019 and the Compilation of Islamic Law can be a definite description and reference in the calculation and determination of the heirs of the deceased heir. If the determination and distribution are carried out as well, for children or descendants, of course the right to their share will not be wrong and cheated.
Tanggung Jawab Notaris Terhadap Pelaksana Wasiat Yang Tidak Cakap Untuk Melaksanakan Wasiat Natagina Putri, Riska; Yustikarini, Meliyana
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1460

Abstract

This research aims to determine the legal consequences of a will deed, one of the contents of which is the appointment of a will executor who is an incompetent person as regulated in Article 1006 of the Civil Code, as well as to determine the responsibilities of the Notary who makes the will deed and sanctions that can be imposed on a Notary who makes a will deed containing the appointment of an incompetent executor of the will. The research method used in this research is a doctrinal research method, which refers to existing legal materials, such as legal rules, legal principles, statutory regulations, legal doctrine and teachings, legal literature, and legal theories. Based on this research method, the type of research used is explanatory research, which is explanatory in nature and aims to test a hypothesis in order to strengthen the existing research hypothesis. The results of the research show that the legal consequences of a will deed appointing an incompetent executor of the will are that the deed can be null and void or a lawsuit for canceling the will can be filed in court. Apart from that, the Notary who makes it can be held civilly responsible and subject to sanctions according to the Civil Code, the Notary Position Law, and the Notary Code of Ethics.
Kepastian Hukum Terkait Pembagian Harta Waris Bagi Ahli Waris Perempuan dalam Masyarakat Hukum Adat Batak Toba melalui Surat Keterangan Waris Jessica, Graciella Ratna; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2037

Abstract

In the provisions of Batak Toba Customary Law, especially Batak Toba Customary Inheritance Law, women are relatively weak legal subjects. As a result of the patrilineal kinship system adopted by the Batak Toba indigenous community, women have limited rights, inversely proportional to men. As subjects who are often considered 'passengers' in a family, women in the Batak Toba indigenous community face direct discriminatory treatment in the eyes of the Batak Toba customary law itself. However, along with the pace of development of the times, gender-based discrimination in various aspects is no longer considered relevant. Referring to Article 17 of Law No. 39 of 1999 concerning Human Rights and the Jurisprudence of the Indonesian Supreme Court No. 179K/Sip/1961, women's inheritance rights are equal to men. Where customary laws that are no longer able to adjust to the development of community life, such as not recognizing the position of women as equal to men, cannot be maintained. Departing from this, women in the Batak Toba indigenous community have a legal protection to be able to defend their rights and position in the eyes of the law to be equal to men. Regarding the issue of inheritance rights, women in the Batak Toba traditional community can take care of making a Certificate of Inheritance.
Perlindungan Hukum terhadap Masyarakat Nagari yang Tanahnya Disertifikatkan Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 3818 K/PDT/2023) Muhamad Wira Ferdian; Meliyana Yustikarini
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1860

Abstract

This research aims to analyze the legal protection for nagari communities experiencing illegal land certification, as well as to evaluate the implementation of the Supreme Court's decision in resolving customary land disputes to prevent similar cases from recurring in the future. The research method used is normative juridical through legislation as the main technique in data collection and examining Supreme Court decision number 3818 K/PDT/2023, related to references from books, journals, and other materials. The research results indicate that indigenous communities whose land has been unlawfully certified are entitled to request the annulment of land rights on the grounds of administrative defects. This cancellation process can be carried out through a ministerial decree as regulated in Articles 105 and 106 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning the Procedures for Granting and Cancelling State Land Rights and Management Rights.
Co-Authors El Syavira, Inasa Inasa El Syavira Jasmine Adhisty Fiqannawati Jasmine Adhisty Fiqannawati Jessica, Graciella Ratna M. Sofyan Pulungan Monica Setiadi Muhamad Wira Ferdian Natagina Putri, Riska Ni Putu Sayuri Dewi Puteri, Erriyanti Samuhedah Riska Natagina Putri Setiadi, Monica Simanjuntak, Solagratia Moza Tessalonika