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All Journal Jurnal Ekonomi, Manajemen, Akuntansi
Sukran Jamil
Universitas Nahdlatul Wathan Mataram
Economics, Econometrics & Finance Social Sciences

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Analisis Pengaturan Ahli Waris Pengganti dalam Hukum Waris di Indonesia Sukran Jamil; Ahmad Bardi
EKOMA : Jurnal Ekonomi, Manajemen, Akuntansi Vol. 3 No. 2: Januari 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/ekoma.v3i2.2964

Abstract

A replacement heir is a person who is given the right to act to replace the position of an heir who has died before the heir, provided that the person concerned is not prevented by law from acting as an heir. According to Article 185 KHI, heirs who die before the testator can be replaced by their children, provided that the share of the successor heir cannot exceed the share of the heir who is equal to the one being replaced. The problem examined in this research is what is the position of the successor heir and the protection of his rights according to the Civil Code and the Compilation of Islamic Law? The research method used is a normative legal research method with a conceptual approach and statutory regulations. The primary legal materials used in this research are legal materials that are authoritative, meaning they have authority, such as statutory regulations, official records or minutes in making legislation and judges' decisions. The research results show that the statutory regulations governing successor heirs are more than one law, namely in the Civil Code and the Compilation of Islamic Law. The rights of substitute heirs receive protection from the State by stipulating that the rights of substitute heirs can replace the position of heirs who have died before him.
Eksistensi Pasal 1320 KUHPerdata dalam Perjanjian Bisnis E-Commerce di Indonesia Nurhayani Nurhayani; Ahmad Bardi; Sukran Jamil
EKOMA : Jurnal Ekonomi, Manajemen, Akuntansi Vol. 3 No. 3: Maret 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/ekoma.v3i3.2980

Abstract

Business development is growing rapidly along with the development of information technology which has given birth to the term electronic commerce (e-commerce), namely digital business transactions both for the purpose of purchasing and selling products. Between business, information technology is also related to legal issues, namely contract law based on Article 1320 of the Civil Code which regulates the terms of an agreement, including agreement, competence, certain matters and halal causes. The problem that arises is whether Article 1320 of the Civil Code is still relevant as a legal basis for the practice of electronic commerce (e-commerce)? The research method used is a normative legal research method with a statutory approach and a conceptual approach. The research results show that Article 1320 of the Civil Code is open, so it is still relevant as a legal umbrella for e-commerce activities.
Co-Authors Ahmad Bardi Nurhayani Nurhayani