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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris
Artiana, Maureen Maysa
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Law, Crime, Criminology & Criminal Justice

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The Developing of Minangkabau Customary Inheritance Judiasih, Sonny Dewi; Kusmayanti, Hazar; Rajamanicham, Ramalinggam; Artiana, Maureen Maysa
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i3.76766

Abstract

The matrilineal kinship system draws a female line. The problem of inheritance law becomes more complex if it occurs within the Minangkabau Indigenous Community. This is motivated by the fact that the Minangkabau Indigenous People are devout followers of Islam; they also have strong customary laws with matrilineal lineage and collective inheritance systems. The author uses a juridical-normative research method, while the research specification is descriptive and analytical. The data obtained was analyzed using qualitative juridical methods. In several inheritance disputes, judges of the Religious Courts in West Sumatra have applied the principle of “Adat Basandi Syarak, Syarak Basandi Kitabullah.” In implementing the inheritance system, Minangkabau customary law aligns with Islamic law without eliminating the values of the adat. The existing customary law must be subordinate to Sharia, that is, Islamic law derived from the Qur’an and Sunnah as the Kitabullah. Every customary rule must not deviate from Islamic Sharia, including inheritance law. In addition to following customary provisions, inheritance must also be in accordance with Islamic inheritance law, in this case, Faraidh.
Integrasi Artificial Intelligence dan Big Data dalam Proses Peradilan Perdata di Indonesia : Tantangan dan Peluang Artiana, Maureen Maysa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5748

Abstract

The development of information technology, particularly Artificial Intelligence (AI) and Big Data, offers great potential for transforming the judicial system in Indonesia. AI can support legal actors in their duties within the judicial process, while Big Data enables the processing and analysis of large datasets in various formats. In the context of civil litigation, these technologies can be applied in stages such as investigation, prosecution, court decisions, and asset seizure mechanisms. This article examines the challenges and opportunities of integrating AI and Big Data into Indonesia's judicial system. The research uses a normative juridical approach, analyzing Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions, as well as relevant legal principles. The findings indicate that AI and Big Data can enhance efficiency, transparency, and accuracy in the judiciary; however, challenges related to technological infrastructure, regulations, and potential issues of privacy or algorithmic bias exist. Therefore, strategic steps are needed, such as developing supportive regulations and providing training for legal professionals to optimize the use of these technologies.
Co-Authors Hazar Kusmayanti, Hazar Rajamanicham, Ramalinggam Sonny Dewi Judiasih