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Analisis Sistem Hukum Waris Adat Toraja Bagi Anak Angkat dan Anak Kandung Aulia Rahmah Dwiyanti; Zenita Delia Reviska; Salzabilla Cinta Aurellya
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.720

Abstract

Every human being will experience death, and will leave his property to his heirs. Indonesia adheres to three inheritance law systems, namely Islamic inheritance law, customary inheritance law, and western inheritance law (Burgerlijk Watboek). Customary inheritance law is a hereditary belief that regulates the distribution of wealth, both material and immaterial, to heirs. Toraja society adheres to a patrilineal system in its customary inheritance law, where inheritance rights are inherited through the male lineage. The Toraja traditional inheritance system has two main concepts, namely pa'tallang and pa'rinding. Pa'tallang Refers to the process of dividing inherited assets based on sacrifices made by the heirs during the testator's lifetime. The greater the sacrifice made, the greater the inheritance rights obtained. Meanwhile, pa'rinding is related to animal sacrifice during death ceremonies, which is also a determining factor in the distribution of inheritance. The results of the research show that adopted children who are recognized by custom can receive almost the same inheritance as their biological children, especially if the deceased person does not have biological children. In addition, biological children who do not participate in this ceremony may face serious consequences in terms of their inheritance rights, which can lead to reduced rights or even loss of inheritance rights altogether.
TANGGUNG JAWAB HUKUM PELAKU USAHA ATAS PEMBERIAN KOMPENSASI KERUGIAN KONSUMEN DALAM LAYANAN OPEN TRIP OLEH SAHABAT RATU TOUR AND TRAVEL DI SURABAYA Aulia Rahmah Dwiyanti; Miko Aditiya Suharto
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8057

Abstract

Open Trip, as an innovation in the tourism industry, offers convenience for travelers but also creates potential disputes due to discrepancies between services provided and contractual agreements. This study aims to analyze the implementation of consumer compensation mechanisms in Open Trip services organized by Sahabat Ratu Tour and Travel in Surabaya. This research employs an empirical juridical method with a descriptive-prescriptive approach, as well as structural and conflict approaches. Data were collected through questionnaires distributed to consumers, interviews with service providers, and literature review of the Indonesian Civil Code, Consumer Protection Law, and Tourism Law. The findings indicate that, normatively, consumers are entitled to compensation for losses as stipulated under the Consumer Protection Law and the Tourism Law. However, in practice, the implementation of compensation remains suboptimal. This is reflected in the ineffective enforcement of business liability mechanisms, the weak bargaining position of consumers in standard form contracts, and the limited supervision of third-party involvement. In addition, low legal awareness and the tendency of consumers to refrain from pursuing legal remedies further hinder the realization of compensation rights. This study highlights that the application of the principles of liability and good faith in contractual relationships is essential to strengthening consumer protection. Therefore, it is necessary to reinforce legal mechanisms for compensation, enhance regulatory supervision, and improve consumer legal awareness in order to establish a more effective and equitable protection system within the tourism industry.Keywords: Consumer Protection; Compensation; Open Trip; Tourism