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All Journal Jurnal Hukum Lex Generalis YURISDIKSI : Jurnal Wacana Hukum dan Sains Journal Equity of Law and Governance
Widodo Ramadhana
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Health Professions Law, Crime, Criminology & Criminal Justice

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Protection against heirs who make transactions of sale of inheritance land without the consent of other heirs according to law (Study Putusan 70/PDT.6/2006/PN. MDN) Widodo Ramadhana; O.K. Isnainu; Rodiatun Adawiyah; Muhammad Arif Prasetyo; Atika Sunarto; Santo Satria Simanjuntak
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9640.147-154

Abstract

Soil is essential for life, and Indonesian law regulates land ownership, including the transfer and inheritance of land rights. Disputes often arise when land is sold without the consent of all heirs, leading to legal challenges. This study addresses two main research problems: the procedures for selling inherited land and the responsibilities of defendants in case No. 70/Pdt.6/2006/PN. Mdn. It aims to examine these procedures and determine defendant responsibilities. Using a juridical-normative approach, the study relies on legal principles and secondary data from legal documents, laws, and court decisions. Data collection methods include literature review and field research. Findings indicate that selling inherited land requires the consent of all heirs and compliance with legal requirements. Disputes arise when these requirements are not met, leading to legal actions that can invalidate transactions and restore original positions. Adhering to legal protocols is crucial to prevent disputes and protect heir rights.
Legal Analysis of the Establishment of a Sole Proprietorship Based on PP No. 8 of 2021 Esekiel Tarigan; Widodo Ramadhana; Dody Ariyanto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 1 (2024): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i1.235

Abstract

The government formed a draft law on job creation which aims to facilitate the business climate in Indonesia. This bill is included in the 2020 Prolegnas priority list and is expected to increase Indonesia's ease of doing business ranking in the world, especially related to indicators of starting a business which lags behind neighboring countries and ranks fifth at the ASEAN level. For this reason, the Government has created a breakthrough so that everyone can easily start a business, especially for Micro and Small Enterprises (UMK). A number of clusters of Draft Laws have been prepared and one of these sub-clusters is related to the formation of business entities. In order to realize the ease of doing business, there is a need to form a new type of business entity, especially for Micro and Small Enterprises in the form of a Limited Liability Company (PT) which was established by one person. Individual Limited Liability Companies are expected to provide convenience for Micro and Small Business actors in forming companies with minimum requirements and capital. By using the normative juridical method, this article discusses the concept of an individual limited liability company by comparing the arrangements with other countries so that it can be a lesson for Indonesia if it wants to make this happen. From the results of the study, appropriate and comprehensive arrangements are needed in order to realize a Limited Liability Company for Micro and Small Businesses in order to support the ease of doing business in Indonesia.
Kedudukan Ahli Waris Anak Laki-Laki Bungsu yang Sudah dan Belum Mandiri Terhadap Harta Bersama Jhosua Kenjubel Pandapotan Sihombing; Widodo Ramadhana
Jurnal Hukum Lex Generalis Vol 5 No 6 (2024): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i6.789

Abstract

The existence of Batak customary inheritance law is influenced by the paternal lineage (patrilineal) so that the heirs fall only to the sons. In Batak customary inheritance law, there is also a special privilege given to the youngest son, namely getting inheritance rights to the house left by his parents, in Batak terms known as jabu parsaktian. In the Batak Toba kinship system, the right to succeed is directly realized through the son, because he is the natural executor of the continuity of descent from the father's line, while women do not have certain rights in the Batak Toba customary kinship system. The objectives to be achieved in this writing are to obtain data and information on inheritance rights to the youngest son over a house inherited from his parents in the Batak Toba community, to reveal the legal consequences arising from the distribution of inheritance rights of the youngest son over a house inherited from his parents, to reveal the efforts made by Mangaraja Adat in resolving inheritance rights disputes over houses inherited from their parents against the youngest son among the Batak Toba community. This type of research uses normative and empirical juridical legal research that examines law as a system of normative structures. The source of research data is secondary data. The data collection technique in this study uses literature studies such as laws and regulations, scientific journals, law books related to cooperation and agency agreement laws. The research data collection tools are document studies and interview guidelines. The analysis of this research data was carried out qualitatively. The method of drawing conclusions used is the deductive method.
Co-Authors Atika Sunarto Dody Ariyanto Esekiel Tarigan Jhosua Kenjubel Pandapotan Sihombing Muhammad Arif Prasetyo O.K. Isnainu Rodiatun Adawiyah Santo Satria Simanjuntak