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All Journal Journal of Law, Poliitic and Humanities Jurnal Hukum Statuta
Maharani, Marsya Arviela
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Perbandingan Pembagian Harta Waris berdasarkan Hukum Adat Minangkabau dan KUHPerdata Musyaffa Abidin, Fikri Rafi; Putri, Andi Sabila; Maryam, Tazkia Asshiva; Maharani, Marsya Arviela; Fahrhezi, Tigor Akhmad; Sakti, Muthia
Jurnal Hukum Statuta Vol 3 No 2 (2024): Volume 3, Nomor 2, April 2024
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v3i2.8279

Abstract

Abstract This research compares inheritance practices according to Minangkabau customary law and the Indonesian Civil Code (KUHPerdata) using a normative juridical method. Minangkabau customary law follows a collective system based on the maternal lineage (matrilineal), with an emphasis on preserving wealth within the extended family through collective ownership. In contrast, the Indonesian Civil Code adopts a more individualistic approach, classifying the heirs into four categories and granting inheritance rights based on blood and marriage relations, without gender distinction. This comparison reveals fundamental differences in philosophy, classification, distribution system, and determination of heirs between the two legal frameworks. Despite the differences, both systems strive to provide justice in inheritance distribution according to the cultural and positive law contexts.
Unilateral Withdrawal of the Fiduciary Security Object Without Any Default by the Debtor (Case Study of Decision No.36/Pdt.G.S/2023/PN Pdg) Maharani, Marsya Arviela; Sulastri, Sulastri
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.2002

Abstract

The development of Indonesia's financing sector has led to legal issues concerning fiduciary security, particularly the unilateral withdrawal of fiduciary collateral by creditors without any default by the debtor, as seen in Decision Number 36/Pdt.G.S/2023/PN Pdg. This research aims to analyze the legal protection for debtors and the liability of creditors when withdrawing fiduciary objects unilaterally in the absence of debtor default. The study employs a normative-juridical method with legislative and case-based approaches. Data was collected through literature review and analyzed qualitatively. The findings indicate that legal protection for debtors remains suboptimal due to the imbalance of power between creditors and debtors under Article 15(2) and (3) of Law No. 42/1999 on Fiduciary Security before the Constitutional Court’s ruling. However, Constitutional Court Decision No. 18/PUU-XVII/2019 strengthened the debtor's position by affirming that default and fiduciary execution must follow judicial procedures. Meanwhile, a creditor’s unilateral withdrawal of fiduciary collateral constitutes an unlawful act under Article 1365 of the Indonesian Civil Code, obliging the creditor to return the fiduciary object and compensate the debtor for material and immaterial losses. In conclusion, a legal balance between creditors and debtors is necessary to ensure fairness and legal certainty in the execution of fiduciary security
Co-Authors Fahrhezi, Tigor Akhmad Maryam, Tazkia Asshiva Musyaffa Abidin, Fikri Rafi Muthia Sakti Putri, Andi Sabila Sulastri Sulastri