Wibisono, Jeniffer Avrillya
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Revocation of Land Gifts for Breach of Filial Responsibility: A Comparative Study of Indonesia and India Sharon, Grace; Mohamad, Ani Munirah; Nugraha, Xavier; Wibisono, Jeniffer Avrillya; Prihandono, Yoga
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53695

Abstract

The transfer of land rights through gifts within familial relationships often entails obligations of filial responsibility, particularly the duty of children to care for their elderly parents. As the increasing disputes over property transfers within familial relationships, this study addresses the legal grounds and consequences of revoking land gift agreements in Indonesia and India when recipients fail to fulfil their filial obligations. So the urgency of the results of this research can help to renew civil law in Indonesia, in particular, and add to the literature as a more general research concept. This article is a normative legal research methodology with statutory, conceptual, and comparative approaches. The findings reveal a doctrinal divergence: Indonesian law mandates explicit conditions within the gift deed to allow revocation based on filial neglect, emphasising a textual interpretation under Article 1688 of the Indonesian Civil Code. Conversely, Indian law, notably through Article 23 of the Welfare of Parents and Senior Citizens Act, recognises both explicit and implicit filial duties as valid grounds for annulment, facilitating broader judicial protection for elderly donors. The study highlights the restrictive scope of Indonesian legal enforcement compared to the more flexible, purposive judicial approach in India, which prioritises substantive justice and familial welfare. These insights suggest that Indonesian legal reforms could benefit from adopting similar flexibility to strengthen safeguards for elderly parents, mitigate intra-family conflicts, and ensure equitable intergenerational property transfers, because the similarity between Indonesia and India is the application of a legal system influenced by customary law.
In the Nick of Time: The Legitimacy of Imposing Deadlines on Appeal and Counter-Appeal Memoranda in Civil Procedure Serfiyani, Cita Yustisia; Wibisono, Angelica Milano Aryani; Wibisono, Jeniffer Avrillya; Taniady, Vicko
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77372

Abstract

The modernization of Indonesia’s civil justice system through the e-Court platform has generated a significant normative conflict by imposing a strict seven-day deadline for submitting appeal and counter-appeal memoranda under Supreme Court Decision Letter No. 363/KMA/SK/XII/2022. This regulation conflicts with several higher legal instruments—including the Herziene Indonesisch Reglement (HIR), RBg, Law No. 20 of 1947, and Constitutional Court Decision No. 22/PUU-XX/2022—which confirm that such submissions are optional and are not subject to fixed time limits. This research offers a comprehensive analysis of the normative inconsistency by employing a legal research method grounded in procedural justice theory. Using statutory and conceptual approaches, it assesses whether the decision letter rests on a valid legal basis and whether it comports with the principles of fair civil procedure. The findings indicate that the decision letter imposes a formal requirement that exceeds the Suipreme Court’s legal authority, creates a conflict of norms, and undermines litigants’ procedural rights. The study therefore recommends that the Supreme Court undertake a judicial review to resolve the inconsistency and restore legal certainty in Indonesia’s civil justice system.