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All Journal Amsir Management Journal Jurnal Litigasi Amsir
M.A, A.P. Jaya Negara
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Contextualization of the Constitutional Court's Decision on Women's Inheritance Rights in Customary and Islamic Marriages Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; M.A, A.P. Jaya Negara
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study critically analyzes the influence of legal system pluralism on the reality and reconstruction of women's inheritance rights in customary and Islamic practices in Indonesia, highlighting the crucial role of Constitutional Court decisions. Based on the diversity of Islamic, customary, and civil law inheritance systems, this study finds that women often face structural obstacles, both due to conservative normative interpretations and the dominance of patriarchal traditions in inheritance distribution. Using normative juridical methods and an examination of Constitutional Court Decision No. 46/PUU-VIII/2010 and related jurisprudence, this study confirms a paradigm shift toward more inclusive and equitable protection for women heirs. However, the implementation of this progressive legal substance still faces cultural resistance and social obstacles that require state intervention through regulatory harmonization, law enforcement, and public education. These findings are expected to provide a foundation for reforming family law that guarantees equality and justice for women's inheritance rights in Indonesia.
Rekonstruksi Prinsip Itikad Baik dalam Transaksi Bisnis Digital di Era Ekonomi Platform Asriyani, Arini; Murdiono, Murdiono; Prabowo, Rahmat Eko; M.A, A.P. Jaya Negara
Amsir Management Journal Vol 6 No 1 (2025): Oktober
Publisher : Fakultas Bisnis Institut Ilmu Sosial dan Bisnis Andi Sapada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56341/amj.v6i1.710

Abstract

This article examines the transformation of the good faith principle in Indonesian contract law in response to the rise of platform-based digital business transactions. It identifies a fundamental tension between the classical, text‑oriented understanding of good faith in the Civil Code and the structural realities of the platform economy, where contracts are formed and performed through algorithms, standard‑form clauses, and interface design. Using a normative juridical method with statutory, conceptual, and case approaches, the study analyzes civil law doctrines, Indonesian legislation on electronic transactions and consumer protection, as well as contemporary scholarship on good faith, dark patterns, and digital contract governance. The findings show that, in its current formulation, the good faith principle remains too abstract and remedial, so it is unable to address asymmetric power, information, and technological control embedded in digital platforms. The study therefore proposes a reconstruction of good faith as a structural governance standard that operates ex ante at the level of contract design and platform architecture, anchored in transparency, fairness in design, and proportional risk allocation. Such a reconceptualization would guide legislators, courts, and platform providers in developing concrete benchmarks for lawful digital practices, enabling good faith to function as an effective safeguard of contractual justice and consumer protection in the platform economy.
Co-Authors Asriyani, Arini Muh. Akbar Fhad Syahril Murdiono Murdiono, Murdiono Prabowo, Rahmat Eko Wiwin Wiwin, Wiwin