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LAW REVIEW
Published by Universitas Pelita Harapan
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law.
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Articles 12 Documents
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Search results for , issue "Volume XXIII, No. 1 - July 2023" : 12 Documents clear
Arbitrator’s Authority to Decide Ex Aequo et Bono: A Juridical Review Hadylaya, Michael Herdi
Law Review Volume XXIII, No. 1 - July 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i1.7338

Abstract

Arbitration is a dynamic practice. One of the issues to consider is the implementation of ex aequo et bono by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on ex aequo et bono. This study concludes that the arbitrator's authority to decide ex aequo et bono is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide ex aequo et bono. Second, Law Number 48 Year 2009 concerning Judicial Authority imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution requires the parties to agree in advance on the grant of ex aequo et bono.
Inheritance of Extramarital Children Determined as Legal Children After the Constitutional Court Decision No. 46/PUU-VIII/2010 Lestari, Putri Wartina; Judiasih, Sonny Dewi; Nugroho, Bambang Daru
Law Review Volume XXIII, No. 1 - July 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i1.7471

Abstract

This article analyzes aspects of family law in terms of inheritance of extramarital-children, from legality to implementation, and the role of judicial institutions in protecting the inheritance rights of extramarital-children who have the status of legal children after the Constitutional Court Decision No. 46/PUU-VIII/2010, whose existence was rejected by their biological father. An out-of-wedlock child designated as a legal child is entitled to civil rights from his father, ensuring the fulfillment of the rights of extramarital-children is the responsibility of the parents, governments, and the state. The purpose of this article is to raise awareness and optimize the implementation of the protection of the inheritance rights of extramarital-children who have been determined as legal children by the court as parties. This article uses normative research by referencing several inheritance laws and regulations in force in Indonesia and factual facts. Two approaches are used, the statutory and conceptual, to obtain the desired research results. The findings showed that extramarital-children who were not recognized by the biological father did not have the right to inherit with the biological father as well as the father's family because they did not have a sexual relationship. The Constitutional Court decision only provides space for the recognition of extramarital-children, but the issue of inheritance is returned to the inheritance law in force in Indonesia. Because of their weak position, extramarital-children must be given protection to ensure the fulfillment of children's rights through the provision of mandatory wills from fathers who do not recognize them.

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