Claim Missing Document
Check
Articles

Found 2 Documents
Search

Javanese Inheritance Traditions Seen from Islamic Inheritance Law and Inheritance Law Habib, Muhammad; Ryan, Az Zahra Nashira; Nurdiyanti, Erlinda Putri; Kusumaningtyas, Mahageng; Tahir, Erni Susanty; Erlita, Upik Ari
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 8, No 3 (2024): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Juli)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v8i3.6865

Abstract

The tradition of inheritance of Javanese people has a peculiarity that combines Islamic values and local customs. Allah Almighty in the Qur'an regulates and explains in detail about the division of inheritance, as in QS: An-Nisa verses 7-12, verses 33 and verse 176. Allah the Just does not neglect and does not neglect the rights of every heir with very clear and perfect rules. God determines the rights of every heir with justice and wisdom. Because wealth is a milestone enforcer of life for both individuals and community groups. This study aims to analyze the inheritance tradition of Javanese society in the perspective of Islamic Inheritance Law and Customary Inheritance Law. The Javanese tradition of inheritance has several main principles, namely: a) Equality: All children are entitled to receive inheritance, both male and female, b) Wisdom: Heirs can give more inheritance to certain children based on certain considerations, such as needs, achievements, or filial piety, c) Deliberation: The distribution of inheritance is carried out by consensus between heirs. The Javanese tradition of inheritance is basically in line with Islamic Inheritance Law, although there are some differences in the technicalities of inheritance distribution. This research uses normative research methods by conducting a positive legal approach to laws and regulations and case studies using qualitative data types. The data sources used are secondary data obtained from sources in the form of official documents, books, journals, the internet and other sources related to this research. This study recommends that socialization and education be carried out to the Javanese people about Islamic Inheritance Law and Customary Inheritance Law to avoid disputes in inheritance.
Trademark Dispute Case in International Civil Law (Case Study of PK MARI Decision No.274 PK/Pdt/2003) Ryan, Az Zahra Nashira; Prastyanti, Rina Arum
The Easta Journal Law and Human Rights Vol. 3 No. 02 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v3i02.358

Abstract

Brand disputes in the context of international civil law are increasing in line with the globalization of trade and rapid economic growth. This journal analyzes the Review Decision (PK) No. 274 PK/Pdt/2003 involving a trademark dispute between Prada SA, a leading fashion company from Italy, and PT Manggala Putra Perkasa in Indonesia. This study aims to explore the legal basis used by the Supreme Court in deciding this case as well as the implications of the ruling on trademark protection in international civil law. The research method used is a prescriptive legal approach whose data collection is through literature research and analysis of legal documents. The results show that the Supreme Court relies on previous jurisprudence and international treaties, such as the Paris Convention for the Protection of Industrial Property, in providing decisions in favor of the protection of well-known brands. This ruling emphasizes the importance of good faith in trademark registration and provides stronger legal protection for well-known brands than ordinary marks. The implications of this decision are very significant, the target is not only brand owners, but also consumers and stakeholders in the Indonesian business world. This increase in protection is expected to create a more favorable investment environment and increase foreign investors' confidence in the Indonesian market. This finding is expected to be a reference for policymakers and legal practitioners in an effort to strengthen the protection of intellectual property rights in Indonesia and other countries.