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All Journal SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Jurnal Locus Penelitian dan Pengabdian
Budi Parmono
Universitas Islam Malang, Indonesia
Aerospace Engineering Automotive Engineering Decision Sciences, Operations Research & Management Education Electrical & Electronics Engineering Mathematics Social Sciences Other

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NOTARY'S RESPONSIBILITY FOR THE SETTLEMENT OF CLAIMS BY HEIRS WHO WERE NOT INCLUDED IN THE DISTRIBUTION OF INHERITANCE RIGHTS Dina Rahmawati; Budi Parmono; Sunardi
SOSIOEDUKASI Vol 14 No 4 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i4.6999

Abstract

This study seeks to scrutinize the liability of notaries in relation to legal actions initiated by heirs excluded from the allocation of inheritance rights, as well as to assess the forms of legal protection available to the affected parties through normative legal inquiry. Employing a normative juridical methodology with a doctrinal literature approach, the research examines notarial liability in cases involving claims by omitted heirs in inheritance distribution. The analysis is conducted in a descriptive–analytical manner, drawing upon primary, secondary, and tertiary legal sources to interpret prevailing legal norms and formulate conclusions. The findings indicate that (1) notarial liability arising from lawsuits filed by heirs excluded from the certificate of inheritance rights manifests as responsibility for deeds executed by the notary when errors result in losses, thereby constituting an unlawful act pursuant to Articles 1365 and 1366 of the Civil Code. Consequently, such deeds may be declared null and void, and the notary may incur civil liability in the form of compensation, reimbursement of expenses, and interest, in addition to administrative sanctions ranging from written admonitions to removal from office. Furthermore, legal protection for heirs not recorded in the inheritance deed may be pursued through both preventive and repressive legal mechanisms.
Underage Marriage Society 5.0 Perspective of Madzhab Syafi'i Fiqh and Marriage Law in Indonesia Anwar Harianto; Moh. Muhibbin; Budi Parmono
Jurnal Locus Penelitian dan Pengabdian Vol. 5 No. 5 (2026): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v5i5.5601

Abstract

Legal marriage is an absolute obligation according to Islamic teaching. However, these noble intentions often do not meet expectations if the husband and wife, or one of the partners, does not yet possess both physical and mental maturity. This unpreparedness can occur when someone marries while underage a phenomenon increasingly linked to the intensive use of gadgets by children in the Society 5.0 era. This research aims to determine the ruling on underage marriage in Society 5.0 according to the Shafi'i madhhab, as well as its relevance to Indonesian Marriage Law. The method used was normative legal research (library research), with primary materials drawn from the fiqh books of the Shafi'i school and Law No. 16 of 2019. The results show that underage marriage in Society 5.0 is considered valid (permissible) by the Shafi'i school, provided that a girl has reached the age of 15 or shows signs of puberty (menstruation or armpit hair growth), and for boys, the onset of wet dreams. The connection between the Shafi'i school and the Marriage Law lies in the age limit: the Shafi'i school sets the minimum age at 15 years, while the Marriage Law sets it at 19 years. Both regulations serve as legal justification for marriage dispensation. The conclusion is that underage marriage according to the Shafi'i school is valid by prioritizing maslahah, and the correlation between the two legal systems can be used to address cases of underage marriage in Society 5.0.
Co-Authors Anwar Harianto Dina Rahmawati Moh. Muhibbin Sunardi