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IMPLEMENTATION OF DISTRIBUTION OF HIGH HERITAGE ASSETS TO THE MALE CHILDREN OF THE HEIRS OF STUDY IN SUNGAI JARIANG VILLAGE, BUKITTINGGI Bunga Mirza Humaira; Masitah Pohan
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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The Minangkabau people adhere to a matrilineal kinship system that places high heirlooms as collective inheritance through the maternal line. However, social developments have given rise to changes in inheritance practices, including the granting of high heirlooms to sons, as seen in Sungai Jariang Village, Bukittinggi. This shift has created tension between customary norms, the principle of faraidh, and the needs of modern society. This study aims to analyze the legal validity of high heirlooms, examine the practice of distributing them to sons, and identify obstacles that arise in their implementation. This study is expected to provide an understanding of the dynamics of customary inheritance amidst ongoing social change. This research uses empirical and descriptive methods to examine the practice of distributing high-ranking heirlooms. Data were obtained through literature review, observation, and interviews. All information was analyzed qualitatively to generate factual understanding and scientific answers to the research questions within the socio-cultural context of the local community at the designated research location. The status of high inheritance in Sungai Jariang Village remains regulated by Minangkabau custom, which is based on a matrilineal kinship system, even though the community has experienced social dynamics and come into contact with modern law. High inheritance is understood as a symbol of clan identity and a supporter of family continuity, so its management remains under the authority of women in the maternal line and mamak as customary leaders. In practice, sons do not obtain ownership rights to high inheritance, but under certain conditions can be granted use rights based on clan deliberation, especially if the person concerned plays an active role in maintaining or managing the asset. The obstacles to its implementation stem from internal factors in the form of differences in customary understanding and external factors resulting from the influence of social change, which requires efforts to improve understanding of Islamic law and selective adjustment of customary values so that the inheritance system remains relevant without eliminating the basic principles of Minangkabau culture.

UNAUTHORIZED CONTROL OF LAND AND BUILDINGS BY STATE SENIOR HIGH SCHOOL 5 PEMATANG SIANTAR BASED ON CIVIL LAW PERSPECTIVE Nurva Alifia Sinaga; Mhd Syukran Yamin Lubis
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Unlawful possession of land and buildings is a civil law issue that frequently gives rise to disputes, including when carried out by state institutions. This phenomenon indicates a potential conflict between public interests and the protection of individual civil rights. This study examines the unlawful possession of land and buildings used by Pematang Siantar State Senior High School 5. This study focuses on the legal regulation of land and building possession under civil law and the legal status of unlawful possession from the perspective of unlawful acts.The results of the study indicate that the control of land and buildings by SMA Negeri 5 Pematang Siantar continues even though there has never been a legal transfer of ownership rights from the owner to the government. This control is only based on a temporary loan agreement and does not transfer ownership rights to the land and buildings in question. This condition causes land control to be carried out without a strong legal basis, especially when the owner or heirs have expressed objections and requested a clear legal settlement. From a civil law perspective, this action fulfills the elements of an unlawful act as regulated in Article 1365 of the Civil Code because it causes harm to the legitimate rights owner. The court decision emphasized that the public interest in the field of education cannot be used as a justification for ignoring the property rights of others. Therefore, this study emphasizes the importance of legal certainty, protection of property rights, and government responsibility in managing educational assets to prevent civil harm to the community.

THE JUDICIAL COMMISSION'S AUTHORITY TO SUPERVISE THE ETHICAL BEHAVIOR OF JUDGES ON SOCIAL MEDIA Afkar Raihan Winfy Harahap; Farid Wajdi
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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This study discusses the Judicial Commission's role in supervising the ethical behavior of judges on social media. In today's digital era, many people indirectly use social media inappropriately. Law enforcement officers, especially judges, are trusted by the Indonesian people. The Judicial Commission must supervise judges to create a good and clean image of the judiciary in the eyes of the public. The Judicial Commission has the primary authority to supervise the ethical behavior of judges, including on social media. According to Law Number 18 of 2011, to prevent the decline of the dignity of the judiciary, which can intentionally or unintentionally make judges violate their code of ethical behavior on social media. Therefore, the Judicial Commission's supervision of social media is essential to prevent the decline of the dignity of the judiciary due to judges' bad behavior on social media. Public trust and judges' ability to maintain judicial integrity are crucial. The type of research used in this thesis is normative legal research. This normative legal research method focuses on the study of applicable legal norms or rules. This method is often used in research in the field of law or other sciences related to certain norms or rules. The results of this research are the limits of the Judicial Commission's authority in overseeing the ethical behavior of judges on social media, which is only focused on monitoring judges' activities on social media, conducting verification and closed investigations, and proposing sanctions to the Supreme Court. The Judicial Commission does not have the authority to interfere in the substance of decisions or the judicial process to maintain judicial independence. Forms of judicial behavior on social media that could be considered a violation of the code of ethics include posting statuses or comments that are racially and ethnically sensitive, open support for certain candidates, and inappropriate content that demeans the dignity of the people. Therefore, strengthening the role of the Judicial Commission through specific regulations, digital ethics guidelines, and synergy with the Supreme Court is crucial to maintaining the integrity and authority of the judiciary in the social media era.

ANALISIS HUKUM PIDANA TERHADAP NAHKODA YANG MENGANGKUT BARANG IMPOR SECARA MELAWAN HUKUM MENURUT UNDANG-UNDANG NO. 17 TAHUN 2006 TENTANG KEPABEANAN (STUDI PUTUSAN PENGADILAN NEGERI TANJUNG BALAI NOMOR 77/Pid.B/2017/PN-Tjb) 147005126/HK Gibson Parsaoran; Alvi Syahrin; Mahmud Mulyadi; Sutiarnoto Sutiarnoto
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Efforts to eradicate smuggling of imported goods have long been an interesting study material among law enforcers, because they are related to several agencies that have the authority and supervision over the implementers of the import and export. This issue should be quickly addressed because this problem has become one of the main targets in the implementation of the duties of law enforcers and several related agencies that have authority and supervision over the implementation of import and export of goods. One of the efforts to eradicate the transportation of imported goods unlawfully is with the judge's decision in combating criminal acts in the customs field. Judge's decision is the product of a court which is included in the judicial power section based on Article 24 of the third amendment to the 1945 Constitution which confirms that the judicial power is an independent power in carrying out judiciary to enforce law and justice carried out by the Supreme Court and judicial bodies which there are below such as general justice and so on.The research method used in this study is normative legal research, namely research carried out based on the main legal material by examining theories, concepts, legal principles and legislation relating to this research.Research Results and Discussion are: 1) The crime of smuggling is regulated in the provisions of Article 102, Article 102 A, and Article 102 B of customs laws. 2) Parties that can be held accountable according to the customs law are Individuals; Acting Director General of Customs and Excise; Carrier of Goods; Employers of Customs and Legal Services Management (Companies, Companies, Collections, Foundations, and Cooperatives). 3) Judges in Decision Number 77 / Pid.B / 2017 / PN-Tjb see factors affecting the skipper transporting imported goods unlawfully. These factors are personal character, mental pressure, the motives of the perpetrators and the state of the environment around the place of residence. However, judges at the Tanjung Balai District Court as in some of their decisions tend to forget and leave the effects of smuggling imported goods

EFFECTIVENESS OF LIFE INSURANCE CLAIM DISPUTE RESOLUTION PROCEDURES THROUGH THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) Faradiba Aulia Rahmah; Padian Adi Salamat Siregar
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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The effectiveness of life insurance claim dispute resolution procedures through the Consumer Dispute Resolution Agency (hereinafter abbreviated as BPSK) is an important aspect in efforts to protect insurance service consumers legally. Life insurance claim disputes often arise due to claim rejection by insurance companies, differences in interpretation of policy content, and default in the implementation of insurance agreements. This study, BPSK plays a role as a non-litigation institution that provides alternative dispute resolution that is faster, simpler, and less expensive than court channels, however, the effectiveness of the implementation of dispute resolution procedures through BPSK remains a problem, due to resource constraints or a lack of public understanding of the functions and authorities of BPSK, limited competent human resources in the insurance sector, overlapping authorities with other institutions such as the OJK and the courts, and weak implementation of BPSK decisions in the field.The research method used is a normative juridical approach by examining applicable laws and regulations, legal doctrine, and relevant literature related to consumer protection and insurance law. This research is descriptive-analytical, with data collection through a literature study focusing on the provisions of Law Number 8 of 1999 concerning Consumer Protection, Law Number 40 of 2014 concerning Insurance, and other implementing regulations. The research analysis focuses on the extent to which dispute resolution procedures at the BPSK are able to guarantee effective legal protection for consumers, particularly in life insurance claim disputes.The research results show that the BPSK plays a strategic role in resolving life insurance claim disputes, but its effectiveness is not optimal. The main obstacles include limited competent human resources in the insurance sector, low public understanding of the BPSK's functions and authorities, overlapping authority with other institutions, and weak implementation of BPSK decisions. Efforts to increase the effectiveness of dispute resolution require strengthening the BPSK institution, improving coordination between institutions, increasing insurance company compliance, and enhancing consumer literacy so that legal protection can be more optimally realized.

LEGAL PROTECTION OF THE RIGHTS OF WIVES IN DIVORCE CASES IN RELIGIOUS COURTS ACCORDING TO SUPREME COURT REGULATION NUMBER 3 OF 2017 Thariq Athila Liandi; Lailatus Sururiyah
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
Publisher : Inspiring Law Journal

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Marriage according to law is an innate bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the one Godhead. Separation or divorce is an attempt to release the bond of husband and wife from a marriage caused by certain reasons. Divorce occurs because there is no way out. Seeing the many injustices received by the wife who filed a divorce lawsuit because she did not get her rights again after the divorce. The Supreme Court issued Supreme Court Regulation Number 3 of 2017, this regulation is present as a legal instrument that provides greater space for judges in the Religious Courts to uphold substantive justice and protect the rights of women, including wives in divorce cases.The type of research used in this thesis is normative legal research. This normative legal research method is a research method that focuses on the study of applicable legal norms or rules. This method is often used in research in the field of law or other sciences related to certain norms or rules.The results of this study show that the Protection of Wife's Rights in Divorce Cases in Religious Courts shows that Supreme Court Regulation Number 3 of 2017 can provide legal certainty in the form of iddah alimony and alimony that is still provided by the male party even though the divorce lawsuit comes from the woman. The main obstacle lies in the inconsistency of judges' interpretation of substantive justice due to the lack of gender sensitivity training. low public awareness of these rights. In addition, the legal consequences of the husband who does not carry out this order are subject to sanctions on the husband, namely administrative sanctions imposed on the husband who does not carry out this regulation after the divorce from the wife.

LEGAL ANALYSIS OF COPYRIGHT INFRINGEMENT IN COMMERCIAL USE OF SONGS AND/OR MUSIC (CASE STUDY OF MIE GACOAN FRANCHISE ROYALTIES) Daniel Vinato; Ismail Koto
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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This study analyzes copyright infringement in the commercial use of songs and/or music and its legal liability implications, using a case study of royalties in the Mie Gacoan franchise. Playing songs in commercial business spaces constitutes a form of exploitation of the creator's economic rights, requiring a license and royalty payments. However, in practice, some businesses still use musical works without permission or without fulfilling their royalty payment obligations, resulting in legal issues and economic losses for the creator. Normatively, the obligation to pay royalties is regulated by Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning Management of Song and/or Music Royalties. These provisions emphasize that any use of songs and/or music for commercial purposes must go through a licensing mechanism and royalty payments to the creator or through a Collective Management Institution. Violations of these provisions have the potential to result in legal consequences, both in the civil and administrative realms. This study uses a normative juridical method with a statutory and conceptual approach. Primary, secondary, and tertiary legal materials were collected through literature studies and analyzed qualitatively to examine the forms of violations and legal accountability mechanisms that can be applied to business actors who do not fulfill royalty obligations. The results of the study indicate that the commercial use of songs without a license constitutes a violation of the creator's economic rights and fulfills the elements of an unlawful act as regulated in Article 1365 of the Civil Code. Legal protection for creators can be achieved through lawsuits for damages, termination of use of the work, and the obligation to pay royalties through a Collective Management Institution. This study confirms that compliance with royalty obligations is part of the legal responsibility of business actors in ensuring legal certainty and justice for creators in the copyright protection regime.

THE URGENCY OF LEGAL REGULATIONS REGARDING ASSET CONFISCATION IN CORRUPTION CRIMES AS AN EFFORT TO RECOVER STATE LOSSES Rihanda Shalsabilla Tanjung; Mhd. Teguh Syuhada Lubis
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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Indonesia faces corruption as an extraordinary crime that undermines economic stability and democratic values. Current law enforcement still tends to use a conventional approach, emphasizing corporal punishment rather than restitution of state losses. Consequently, the recovery of assets obtained from corruption is less than optimal due to weak evidence and asset tracking processes. Based on these issues, this study formulates three issues: how to enforce the law on corruption crimes, the urgency of regulating asset confiscation as an effort to recoup state losses, and the criminal law policy regarding asset confiscation in corruption crimes.This research employs a normative legal method with a statute approach. The research is descriptive and analytical in nature, utilizing secondary data in the form of primary, secondary, and tertiary legal materials. Data were collected through literature review and analyzed qualitatively to provide systematic solutions.The research findings show that corruption law enforcement in Indonesia still relies on a follow-the-suspect approach rather than a follow-the-money approach. The current asset confiscation mechanism (in personam) has limitations, particularly when the defendant dies or flees, thus hampering the recovery of state losses. Therefore, there is an urgency to pass the Asset Forfeiture Bill to adopt a more progressive and asset-oriented non-conviction-based asset forfeiture (NCB) mechanism. Future criminal law policy must integrate penal and non-penal approaches so that asset confiscation becomes the primary instrument for recovering state losses, as initially accommodated in the new Criminal Code.

LEGAL PROTECTION OF CIBETUS SERANG BANTEN RESIDENTS AS ENVIRONMENTAL WARRIORS WHO ARE CRIMINALIZED BY CORPORATIONS (ANALYSIS OF DECISION NO.228/Pid.B/2025/PN SRG) Miafiz Nur Chairani Nasution; Ibrahim Nainggolan
Inspiring Law Journal Vol 4, No 2 (2026): Juli-Desember
Publisher : Inspiring Law Journal

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This study aims to analyze the legal protections available to residents of Cibetus, Serang Regency, Banten, as environmental activists who have been criminalized by corporations, as well as to examine the legal considerations in Judgment No. 228/Pid.B/2025/PN SRG. The issues addressed include the forms of criminalization against residents, the implementation of legal protection under Law No. 32 of 2009 on Environmental Protection and Management, and an analysis of the application of the Anti-Strategic Lawsuit Against Public Participation (Anti-SLAPP) principle in the aforementioned judgment.This study employs a normative legal research method using both a statutory approach and a case-based approach. The data sources include primary legal materials such as statutes and court decisions, as well as secondary legal materials such as books, journals, and relevant legal literature. The data were analyzed qualitatively to arrive at systematic and comprehensive conclusions.The research findings indicate that the actions taken against the residents of Cibetus suggest a potential for the criminalization of public participation in advocating for the right to a good and healthy environment. Normatively, Article 66 of the Environmental Protection and Management Law (UUPPLH) guarantees legal protection to anyone advocating for the right to a healthy environment, ensuring they cannot be prosecuted criminally or sued in civil court. However, in practice, the application of the Anti-SLAPP principle in Judgment No. 228/Pid.B/2025/PN SRG has not yet fully reflected optimal protection for environmental advocates. Therefore, it is necessary to strengthen the implementation of legal protection norms and ensure consistency among law enforcement officials in guaranteeing the public’s right to participate in environmental management and protection.

LEGAL ANALYSIS OF THE PHRASE "INDEPENDENT" RELATED TO CRIMINAL LIABILITY OF CURATORS IN LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS (PKPU) Afwan Mukhairi; Lilawati Ginting
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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This research is motivated by the position of the Curator who has the authority in the management and settlement of bankrupt assets, thus demanding independence as a fundamental principle to guarantee justice and protection of the interests of creditors and debtors. Article 15 paragraph (3) of Law Number 37 of 2004 concerning Bankruptcy and PKPU requires the Curator to be independent, honest, and impartial, but does not provide a clear definition or indicator regarding the phrase "independent". The ambiguity of this norm gives rise to different interpretations in practice and has implications for legal uncertainty and the potential for criminal liability of the Curator. Based on this, this research formulates problems regarding the regulation of the phrase "independent", the form of criminal liability of the Curator, and its implications for legal certainty. This research uses a normative legal research method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively to obtain a systematic and comprehensive legal understanding.and relevant to the research problem. The results of this study indicate that, first, the regulation of the phrase "independent" in Article 15 paragraph (3) of Law Number 37 of 2004 is a vague norm (vague norm) because it does not have a normative definition or objective indicators, so that its interpretation in practice becomes very objective. Second, the form of criminal liability of curators who are proven not to be independent is subject to general criminal law in Law Number 1 of 2023, which includes the offenses of embezzlement (Article 486), fraud (Article 492), and document falsification (Article 491), as long as the elements of actus reus and mens rea are proven. Third, the ambiguity of the phrase gives rise to legal implications in the form of significant legal uncertainty,For bankrupt debtors, this has the effect of hindering the process of settling bankrupt assets and delaying certainty about the legal status of assets, which prolongs the debtor's legal and economic burden. Furthermore, this situation raises the risk of excessive criminalization for curators and makes it difficult for commercial judges to provide objective assessments, ultimately undermining the credibility of the commercial justice system in Indonesia.

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Ismail Koto

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+6281262102097

Journal Mail Official
inspiringlaw@umsu.ac.id

Editorial Address
Jalan Kap. Mukhtar Basri UMSU

Location
Kota medan,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ismail Koto

Contact Email ismailkoto@umsu.ac.id

Phone +6281262102097

Journal Mail Official inspiringlaw@umsu.ac.id

Editorial Address Jalan Kap. Mukhtar Basri UMSU

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Contact Name
Ismail Koto

Contact Email
ismailkoto@umsu.ac.id

Phone
+6281262102097

Journal Mail Official
inspiringlaw@umsu.ac.id

Editorial Address
Jalan Kap. Mukhtar Basri UMSU

Location
Kota medan,

Sumatera utara

INDONESIA