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All Journal Awang Long Law Review Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Hardiyansyah, Tendri
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Transforming Inheritance Law in the Digital Era: Challenges, Opportunities, and Adaptive Strategies for Indonesia Hardiyansyah, Tendri; Djaja, Benyy; Sudirman , Maman
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 6 No. 2 November 2024
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v6i2.10174

Abstract

The Fourth Industrial Revolution and Society 5.0 have introduced significant challenges to inheritance law in Indonesia, particularly with the emergence of digital assets that reshape concepts of ownership and inheritance. This research aims to explore the transformation of inheritance law in the digital era, identify challenges and opportunities, and formulate adaptive strategies. The study employs a qualitative approach with a normative and empirical juridical design, involving literature review, in-depth interviews, and focus group discussions. The findings reveal regulatory gaps in accommodating the inheritance of digital assets, complexities arising from the pluralism in inheritance law, and technical and security challenges in digital inheritance. On the other hand, blockchain technology and smart contracts present innovative opportunities. This research recommends a comprehensive revision of the existing legal framework, harmonization of legal pluralism, the adoption of technology within the inheritance system, enhanced digital literacy, and international cooperation to address cross-border issues. In conclusion, transforming inheritance law in the digital era requires a multidisciplinary approach that integrates legal, technological, and socio-cultural aspects to create a system that is adaptive yet grounded in Indonesia's local wisdom.
LEGAL PROTECTION FOR DEBTORS ACTING IN GOOD FAITH IN FULFILLING OBLIGATIONS TO UNIDENTIFIED CREDITORS Hardiyansyah, Tendri; Tjempaka, Tjempaka
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1555

Abstract

The transfer of receivables (cession) in mortgage loan agreements without prior notice to the debtor has led to legal uncertainty and poses a risk of harm to debtors acting in good faith. This study aims to analyze the legal standing of debtors in cases of cession conducted without notification, as well as to identify forms of legal protection available to such debtors. The research adopts a normative juridical approach, relying on the analysis of statutory regulations and a case study of the Tangerang District Court Decision No. 1238/Pdt.G/2022/PNTng. The findings indicate that although Article 613 of the Indonesian Civil Code requires notification to the debtor in the event of cession, the absence of sanctions for creditors who fail to comply allows the practice of transferring receivables without debtor notification to persist. As a result, debtors are often exposed to the risks of double payment or being considered in default by the new creditor. This research recommends strengthening regulations concerning the mandatory notification of cession and encouraging the active role of financial authorities in ensuring transparency and protection for debtors. The implications of this study underscore the need for legal reform to establish a fairer and more legally certain system for the transfer of receivables.
Co-Authors Djaja, Benyy Sudirman , Maman Tjempaka, Tjempaka