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All Journal Ipso Jure Ipso Jure
Riama Novalia Silaen
Prodi Ilmu Hukum, Universitas Pembangunan Panca Budi, Medan, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : Ipso Jure

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Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law Riama Novalia Silaen
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fx7qzb02

Abstract

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. This approach facilitates the collection, review, and analysis of relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step involves identifying and collecting relevant literature, followed by an analysis to comprehend basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature, identifying key issues, challenges, debates, and evaluating each source's relevance and validity. The research findings indicate that inherited assets are a significant part of Indonesian civil law, comprehensively regulated by the Civil Code. Articles in the Civil Code address the rights and obligations of heirs, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights. This must be done with all heirs' agreement or through a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene and make final decisions. Provisions for the cancellation of inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for all heirs, ensuring the inheritance process aligns with justice and applicable legal principles.
Legal Protection of Intellectual Property Rights in the Digital Era Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9hn74238

Abstract

This research uses a qualitative approach with descriptive-analytical methods to examine the legal protection of intellectual property rights (HMI) in the digital era. The research results show that the legal protection of HMI in the digital era still faces various significant challenges. Even though regulations such as Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) exist, their implementation could be more effective. The leading causes are a need for more public knowledge and awareness about the importance of HMI, as well as limited law enforcement resources and technology. Collaboration between the government and digital platforms needs to be improved, while international cooperation is also crucial in dealing with cross-border HMI violations. This research recommends increasing public education and awareness, strengthening regulations, adopting advanced technology such as AI, closer cooperation with digital platforms, increasing law enforcement capacity and resources, and efficient dispute resolution mechanisms. With a more holistic and integrated approach, HMI protection in the digital era can be significantly improved, providing justice for rights owners and encouraging the development of a healthier and more innovative creative industry.
Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/seqfy875

Abstract

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. The approach involves collecting, reviewing, and analyzing relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step is identifying and collecting relevant literature, followed by an analysis to understand basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature to identify key issues, challenges, debates, and evaluate each source's relevance and validity. Findings indicate that inherited assets are significantly regulated by the Indonesian Civil Code. The Code addresses heirs' rights and obligations, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights, requiring all heirs' agreement or a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene. Provisions for canceling inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for heirs, ensuring the inheritance process aligns with justice and legal principles.
Co-Authors Tamaulina Br Sembiring Tamaulina Br. Sembiring