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All Journal Jurnal Ius Constituendum Pena Justisia: Media Komunikasi dan Kajian Hukum
Andyna Susiawati Achmad
Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice

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Legal Status and Rights of Children from Mixed Marriages Abroad that are not Registered in the Indonesian Civil Registry Andyna Susiawati Achmad; Paula Paula; Astrid Athina Indradewi
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.v24i2.5139

Abstract

This study aims to analyze (1) the registration of mixed marriages conducted abroad in the Indonesian Civil Registry and (2) the rights and legal status of children from mixed marriages abroad who are not registered with the Indonesian Civil Registry. Technology development has increased interactions between citizens of different countries, resulting in mixed marriages. The prospective husband and wife from various nationalities are subject to the laws of their respective countries. In the international realm, there are differences between Indonesian marriage laws and those of other countries, both in material and procedural aspects. The research method used is normative juridical. The findings of this study indicate that mixed marriages conducted abroad can be registered in Indonesia by fulfilling administrative requirements. Children from mixed marriages abroad who are not registered in Indonesia are considered Indonesian citizens and have rights as children born out of wedlock unless acknowledged by their father or it can be proven that the child has a blood relationship with the father.
A Legal Review of Share Inheritance in Limited Liability Companies Andyna Susiawati Achmad; Astrid Athina Indradewi
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12026

Abstract

Conflicts over inherited company shares underscore ongoing legal uncertainties and highlight the need for a thorough legal review. The inheritance of shares in a Limited Liability Company (PT) is classified as a transfer of rights by operation of law (rechtsverkrijging onder algemene titel) as stipulated in the Indonesian Civil Code (KUHPerdata) and Law Number 40 of 2007 concerning Limited Liability Companies (Company Law). In principle, company shares are inheritable assets, and heirs have the right to receive them in accordance with inheritance laws. However, in practice, legal issues frequently arise when other shareholders object to heirs entering as new shareholders. This matter becomes more intricate when the company’s Articles of Association include clauses that limit the transfer of shares to external parties without the approval of current shareholders. This study aims to investigate the legal framework and practical application of share inheritance in limited liability companies in Indonesia. It employs a normative legal research method with statutory and conceptual approaches, drawing on secondary legal materials. The findings demonstrate that the inheritance of shares necessitates balancing the civil rights of heirs with the company’s interest in preserving business stability and continuity. This study presents a legal harmonization framework that has not been extensively explored in prior research. The innovation lies in its suggestion to harmonize inheritance law and corporate law to address potential conflicts and improve legal protection for both heirs and corporate stakeholders.
Co-Authors Astrid Athina Indradewi Paula Paula