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All Journal UIR LAW REVIEW Law, Development and Justice Review
Nazar, Jazman
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Law, Crime, Criminology & Criminal Justice

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Penyelesaian Sengketa Tanah Harta Pusako Tinggi Terhadap Ahli Waris Yang Punah Melalui Niniak Mamak Nan Salapan Di Nagari Ampalu Kabupaten Lima Puluh Kota Sonanda, Rahmi; Syuriani, Syuriani; Nazar, Jazman
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.147-165

Abstract

This study aims to find out how to resolve land disputes over the heirs who are extinct through Niniak Mamak Nan Salapan in Nagari Ampalu, Lima Puluh Kota District. In Minangkabau, it is not actually known that there are heirs who are extinct for inheritance, but what is meant here is when the principal or core offspring of a people is gone and the existing inheritance will be passed on to other people who are entitled to the inheritance. This research is descriptive with the type of Juridical Empirical legal research. The author conducts research sociologically, in a field manner where we will examine legal provisions regarding settlement of land disputes over the Pusako Tinggi property if the principal successor is no longer directly present in the life of the Minangkabau people in Jorong Mangunai Tinggi, Kenagarian Ampalu. The results of the research are in the form of a way of resolving legal community disputes in Jorong Mangunai Tinggi using customary regulations that prioritize deliberation so as to produce decisions that are in accordance with customary regulations in the customary law area of Jorong Mangunai Tinggi. In accordance with the field facts obtained by the author, the role of the Ninak Mamak Nan Salapan institution is part of KAN and the results of decisions issued by the Niniak Mamak Nan Salapan institution are submitted to KAN through a regulatory process so that the decision is considered in accordance with existing laws and regulations.
MEKANISME PEWARISAN BITCOIN SEBAGAI ASET KEPEMILIKAN TIDAK BERWUJUD BERDASARKAN HUKUM PERDATA DI INDONESIA iqbal, iqbal; Nazar, Jazman
UIR Law Review Vol. 9 No. 2 (2025): UIR LAW REVIEW
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(2).24680

Abstract

The development of digital technology has brought about new assets such as Bitcoin. However, Indonesian law, particularly the Civil Code, has not yet clearly regulated the inheritance of these digital assets. As a result, legal uncertainty has arisen, particularly regarding how to identify, access, and divide Bitcoin after the owner's death. Technical challenges also arise because access to Bitcoin can only be done with a private key, while there are no legal rules requiring its disclosure. This study aims to examine the status of Bitcoin as an inheritance asset and formulate its inheritance mechanism according to Indonesian civil law. The main questions addressed are: (1) how to establish Bitcoin as an inheritance asset, and (2) how to distribute it after the owner's death. The method used is normative legal research with a descriptive approach. Data sources include the Civil Code, PERMENDAG No. 99/2018, journals, books, and interviews. Analysis is conducted by comparing existing regulations with other intangible assets, such as intellectual property rights, while considering the latest regulatory developments in the crypto field. The research findings indicate that Bitcoin is classified as an intangible movable asset under Articles 503 and 504 of the Civil Code, thereby making it inheritable. The inheritance mechanism requires specific steps, such as asset documentation, digital wills, heir verification, transfers via multi-signature technology, as well as documentation and audits. The main challenges. Keywords: Bitcoin; digital assets; inheritance law; Civil Code; Intangible Property
Co-Authors Iqbal Iqbal Sonanda, Rahmi Syuriani, Syuriani