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Journal : Leges Privatae

Cancellation of Wills in Civil Inheritance Law: Conditionsand Legal Effects Noviya, Anis
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bq4e0996

Abstract

This study aims to analyze the conditions and legal consequences of the cancellation of wills in civil inheritance law. In inheritance law, a will is an instrument that gives the heirs the freedom to determine the division of wealth as they wish. However, the cancellation of a will often occurs due to changes in the condition or wishes of the heir before he dies. This study uses normative juridical methods, with an approach to laws and regulations and literature studies to examine juridical aspects related to the cancellation of wills, conditions that must be met, and legal implications for heirs. The results of the study show that the annulment of a valid will must meet certain formal requirements, such as being carried out by heirs who have legal capacity and are in good mental health. Cancellation that is not in accordance with the procedure can result in legal uncertainty and disputes among the heirs, as a will that was previously considered invalid can be considered valid again. The legal consequences of this annulment of a will include changes in the distribution of inherited property, which can be done under general inheritance law if there is no new valid will. This study highlights the importance of procedural clarity and legal education so that heirs and heirs understand the impact of the act of annulment.
Evolution and Development of Customary Law in the Archipelago: From Tradition to Modernity Noviya, Anis
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/etmv2j54

Abstract

Customary law in the archipelago is a deep cultural heritage and plays a significant role in the lives of traditional communities. This article examines the evolution and development of customary law in Indonesia, from its traditional roots to its adaptation in a modern context. This study aims to understand how customary law, which was originally local and traditional, has adapted to social, political, and legal changes that have occurred at the national and global levels. Through a historical approach and literature analysis, this article identifies important stages in the evolution of customary law, including the influence of colonialism, integration with the national legal system, and post-independence legal reform. The main focus lies on how customary law adapts to the dynamics of modernity while maintaining its cultural essence. This study also explores the challenges faced by customary law in facing globalization and social change, as well as efforts to maintain its sustainability amidst an increasingly dominant national legal system. The results show that customary law has undergone significant changes but continues to play an important role in society. Adaptation of customary law includes adjusting norms and practices to align with national law and modern values, without losing its original cultural identity. This article concludes that although customary law faces various challenges, it continues to contribute to the preservation of culture and dispute resolution in indigenous communities, as well as playing a role in the development of more inclusive national laws.
Intellectual Property Rights in the Digital Disruption Era: A Normative Review of Copyright Protection Noviya, Anis
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wjx1qz15

Abstract

The era of digital disruption has significantly transformed the landscape of intellectual property, particularly in the realm of copyright protection. With the rapid evolution of digital technology, creative works are now more vulnerable to unauthorized use, duplication, and distribution across various online platforms. This normative legal research aims to analyze the adequacy and responsiveness of existing copyright laws in addressing the challenges posed by digital advancements. Utilizing a statute and conceptual approach, the study examines the current regulatory framework in Indonesia and compares it with international standards. The findings indicate that existing copyright laws are still limited in their ability to offer comprehensive protection in the digital age. Key issues include weak enforcement mechanisms, lack of digital monitoring systems, and outdated legal provisions that do not reflect technological realities. The study emphasizes the urgent need for legal reform that integrates digital-based enforcement tools and aligns national copyright regulations with global legal frameworks. Strengthening the legal infrastructure and improving public awareness are essential to ensure effective copyright protection in the era of digital disruption.