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All Journal JURNAL MERCATORIA Jurnal Hukum Statuta
Aulyanti, Davina Dewi
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Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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The Position of Substitute Heirs as Perpetrators of The Murder of Direct Heirs Based on Civil Inheritance Law Aulyanti, Davina Dewi; Taupiqqurrahman
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13186

Abstract

This article aims to examine the position of a substitute heir who has killed a direct heir, based on Civil Inheritance Law, and analyze specific conditions under which the substitute heir, the perpetrator of the killing, could still inherit. To analyze this issue, a normative juridical research method is employed. For ease of research, the author presents a case illustration that is not based on real events. The data is collected through  literature studies and analyzed qualitatively. The necessary data sources include the Civil Code (KUHPerdata), the Compilation of Islamic Law (KHI), and relevant scholarly journals. This study concludes that the position of A1 as a substitute heir is obstructed from inheriting because they have killed A, based on the provisions of Article 838 of the Civil Code. However, there are specific conditions that could allow A1 to still receive their inheritance rights, considering that the inheritance still belongs to P, not A. One possible approach is for A1 to file a lawsuit in the District Court, requesting the judge to render a fair decision by taking into account factors of justice and the emotional relationship between A1 and P.
Pemberantasan Revenge Porn di Lingkungan Sekolah Menengah Atas Ditinjau dengan Hukum Positif di Indonesia Fauzan, Muhammad; Fil'Awalin, Hanif; Aulyanti, Davina Dewi; Desthabu, Meurina; A, Biyandra Timothee; Zahra, Lintang Aulia; Situmeang, Zefanya Angelica; Welgaputri, Feby; Naufal, Muhammad; Siregar, Karina Josephine; Respati, Adnasohn Aqilla; Bakhtiar, Handar Subhandi
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.5692

Abstract

Abstract Revenge Porn is booming among children or high school students who meet. More than that, there are rules for revenge porn itself in the laws and regulations. Therefore, there is a need for further research on revenge porn as a crime, the regulation of revenge porn is reviewed by Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 12 of 2022 concerning the Crime of Sexual Violence, and to know the reporting procedure when there is a porn revenge case. The research method used is normative research with an approach to laws and regulations. The data collection method used in this research is literature study. The results of this study indicate that revenge porn is a crime if there is an intention of the perpetrator to take revenge on the victim due to several factors such as the hurt experienced by the perpetrator. In addition, there can also be coercion and extortion that can aggravate the perpetrator when it is reported by the victim. In the ITE Law, there is a provision for revenge porn which is contained in Article 27 Paragraph (3). The relevance between the ITE Law and TPKS is the opening of electronic devices in the ITE Law that can be used for the needs of victims in reporting victim evidence with the TPKS Law. The procedure for reporting porn revenge cases can be seen in the Regulation of the Head of the Indonesian Police Number 6 of 2019 concerning Criminal Investigations.
Co-Authors A, Biyandra Timothee Desthabu, Meurina Fil'Awalin, Hanif Handar Subhandi Bakhtiar Muhammad fauzan Muhammad Naufal, Muhammad Respati, Adnasohn Aqilla Siregar, Karina Josephine Situmeang, Zefanya Angelica Taupiqqurrahman Welgaputri, Feby Zahra, Lintang Aulia