Part Of Civil Law Research Articles

Menilik Kedudukan Hukum Waris Adat dalam Perspektif Hierarki Peraturan Perundang-undangan di Indonesia

Inheritance is part of civil law which is a vital part of family law. Inheritance conflicts still often occur in society. Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life. The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens. The kinship system has a major influence on inheritance from customary inheritance law. The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship. The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules. The research uses normative juridical methods which are carried out using three research materials. Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias. Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2). Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force. Indonesia itself does not yet have a national inheritance law. Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.

Power of Attorney and Permission to Pledge an Estate Based on Tangerang District Court Stipulation No. 1155/Pdt.P/2021/PN.Tng

The death of a person will cause problems with the property left behind, including how to continue or transfer the property left behind and who is entitled to receive / continue the property left behind, all of which are regulated by inheritance law. The summons (relaas) is one of the most important instruments in the court process. Without a summons the presence of the parties in court has no legal basis. A summons in civil procedure law is categorized as an authentic deed. Articles 165 HIR and 285 R.Bg and Article 1865 BW state that an authentic deed is a deed made before a public servant in the form prescribed by applicable law. Thus, everything contained in the relaas must be considered true, unless it can be proven otherwise. The purpose of this research consists of objective objectives and subjective objectives with benefits both theoretically and practically. The power of attorney and permission to pledge inherited property is one part of civil law as a whole and is part of family law. Inheritance law is closely related to the scope of human life, because every human being will definitely experience a legal event in the form of death. The legal consequences of the death of a person include the management and continuation of the rights and obligations of the deceased. Such is the case with the case studied in this paper, to pledge the estate of the deceased husband (children's share) a wife as a guardian of the child in marriage must make an application to the authorized Court, as stated in the Tangerang District Court Stipulation Number 1155/Pdt.P/2021/PN.TngThe act of Power of Attorney and Permission to pledge the estate should be done for the benefit of the child, namely to provide benefits and welfare for the child.

UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS

This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.

THE PRINCIPLE OF PROPORTIONALITY ON DIGITAL BUSINESS AGREEMENTS: BETWEEN MITIGATION AND ORIENTATION

The Agreement as part of civil law is one of everyday life's most frequently performed actions. This study aims to anticipate the development of digital agreements by contextualizing the provisions of laws and regulations regarding agreements. This research is normative legal research that uses statutory and conceptual approaches. The results of the study confirm that efforts to mitigate digital agreements following contract law are by still referring to Article 1320 of the Civil Code by prioritizing four orientations to minimize risks in digital agreements. First, the preventive orientation by looking at the parties who are invited to enter into agreements. Second, the prudence and proportionality in reading the provisions in digital agreements. Third, the prudence and proportionality of digital agreements by including names as well as identities that can be contacted and can be accounted for by the parties. Fourth, prudence and proportionality in determining the object of the agreement. Furthermore, the orientation of digital agreements based on the principle of proportionality based on philosophical, sociological, and juridical aspects requires specific arrangements, particularly regarding the minimum requirements for implementing digital agreements. That is because the unique characteristics of digital agreements need special arrangements regarding the terms of the validity of digital agreements, which in general still refer to Article 1320 of the Civil Code.

The Role of Notaries in Problem Solution of Inheritance Rights

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems. The method used by the researcher is Sociological Jurisdiction and specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study that The Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

AL Ittifaq Principles In Contract Law Transcendental Philosophical Perspective

Contract law is part of civil law, which in fiqh is included in muamalah fiqh. This regulation regarding contact is subject to the Civil Code, which should be based on established principles. One of the principles is the principle of agreement (al ittifaq) or the principle of consensualism. This manuscript itended to explain the principle of al ittifaq (consensualism) from the perspective of transcendental philosophy. This research was a desk research, so the data source was secondary data, which was collected through identification and recording of relevant data that can be used to answer the research purposes. Data analysis using the perspective of transcendental philosophy which was based on the relationship of reason and revelation. The results showed that the principle of al ittifaq (consensualism) was the result of human thought based on the arguments of revelation as in Q.S. An Nisa /4 : 29, Q.S. Al Maidah /5 : 1, Q.S. Ali Imron/3 : 159. The result of that thought resulted in fiqh rules as contractual principles. The novelty of this research was the hybridization of the values of Islamic law into positive civil law which should be conducted to give positive law more conscientious and fair. It will reflect Pancasila values which is the source of national law

The Role of Notaries in Problem Solution of Inheritance Rights

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems. The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study that The Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

The Role of Notaries in Problem Solution of Inheritance Rights

The purpose of this study is to analyze and explain the role of a notary in solving inheritance rights problems. To analyze and explain the constraints and solutions to the role of a notary in solving inheritance rights problems.The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive analytical.The sources and types of data in this study are primary data obtained from field studies with interviews. And secondary data obtained from literature studies related to the theory of justice and legal certainty. Based on the results of the study thatThe Role of Notaries in Settlement of Inheritance Rights Issues namely providing legal counseling, making the Deed of Separation and Distribution of Inheritance, namely: First, the Stage of Making the Deed of Declaration of Inheritance; Second, the Stage of Making SKHW; Third, the stages of making the deed of separation and distribution of inheritance. The solution is to have more control over inheritance law, whether civil, religious or customary. This is because inheritance law is one part of civil law as a whole and is the smallest part of family law which is closely related to the scope of human life. More professional in carrying out their duties. In this case, to guarantee certainty, order, and legal protection, authentic written evidence is needed regarding legal conditions, events, or actions carried out through certain positions.

Construction Of Heritage Rights and Citizenship Status Differences in Indonesia

The high mobility of the population from one country to another, contributes to citizenship transfer. Likewise, Indonesian Citizens (WNI) who, for reasons of education, employment, and other preferences, choose to become Foreign Citizens (foreigners). However, the transfer of citizenship does not necessarily eliminate the ties of blood with the family. For example, in Inheritance in the form of land, a Foreign Citizen, referred to as a WNA, can inherit land rights in Indonesia due to the first two things, a foreign citizen born because of a mixed marriage. And both foreign citizens as a result of naturalization can be understood as a change in the citizenship status of the Indonesian population. Therefore, Indonesia's current construction of inheritance rights within the framework of inheritance regulation (which is part of civil law) is still dualistic and pluralistic. This is inseparable from the legal history of the enactment of civil law in Indonesia.Keywords: Construction, Inheritance, Citizenship

Специфика правового регулирования имущественных отношений несовершеннолетних членов семьи

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

Consumer protection under Polish private law

This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.

The Settlement Principles of Divorce through Mediation

This paper concerns the principles of mediation in the resolution of disputes in the Religious Courts. Settlement of divorce in a religious court is a part of the procedural procedure in a religious court because divorce case is part of civil law. The settlement follows civil procedural law in general in addition to other provisions stipulated in the procedural law of religious justice. Mediation in a divorce case will assist the parties in resolving and finding a middle ground for the interests of both sides so as not to harm one party and ended up with a win-win solution (mutually beneficial). For this reason, it is necessary to pay attention to the principles in achieving peace efforts, namely; the principle of deliberation, the principle of mutual forgiveness, the principle of respecting others, and the principle of justice.

JURIDICAL ANALYSIS LOSS OF AB INTESTATO HEIRS RIGHT AS A RESULT OF UNREGISTERED MARRIAGE

Inheritance law is part of civil law as well as part of family law. it regulates the transfer of assets left by someone who dies and the consequences for the heirs in family relations or with third parties. In one case, a marriage that was not recorded was invalid. The results of the study concluded that the consequences of marriage were not recorded as marriages that were never considered to exist. What was the legal consideration of the judge in deciding this case? Marriage is legal if it is done in accordance with their respective religions and beliefs, so each marriage must be registered. Because the marriage was not registered, it was not legal so the lawsuit was granted in full. According to the authors of marriages that are not recorded remain valid, legal marriages are marriages conducted in accordance with their respective religions and beliefs. This lawsuit should have been completely rejected because the Plaintiff as a father does not have a legal position, heirs must be sons and husbands and not fathers.

HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.

Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность

The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.

PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN

This article aimed to criticize the juridical basis of scope of crime mentioned on Law Number 37 of 2004, focuses on criminal responsibility of a curator based on independence principle of bankruptcy law. Essentially, bankruptcy is a part of civil law. However, some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts. As stated on Article 234 Verse 2 of Law Number 37 of 2004, a curator who is proven not independent during bankruptcy court may be charged with criminal law. Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.

SOVIET FAMILY LAW : WOMEN AND CHILD CARE (FROM 1917 TO THE 1940s)

In the Russian Empire, family law did not constitute an independent area of law and was a part of civil law. Family relations were handled by the church. Divorces were hard to get and disapproved of by the church and society. The status of illegitimate children was disfavored; they were not allowed to have the birth status of their mothers or her last name, to inherit the property of the mother and her relatives, nor were their mothers and relatives allowed to inherit from them. Illegitimate children had no right to the father’s financial support or property and could not inherit from him. The Bolsheviks addressed the issue of family law immediately after coming to power in 1917. Their main goal was to repeal pre-revolutionary regulations and to discontinue the Russian Orthodox Church’s leading role in handling marriages and divorces. The first efforts undertaken by the Bolsheviks in the realm of family law were remarkably progressive, namely simplification of the procedures of marriage and divorce, providing women with many rights that were non-existent before October of 1917, elimination of the concept of illegitimacy, and granting the children of unmarried couples rights equal to those of children of officially married parents. In 1920, Soviet Russia became the first state to legalize abortions. Sadly, most positive developments of the early Bolshevik years disappeared in the 1930s–1940s. Family law followed the general pattern of escalation of repression and strengthening of regulations.

PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN

This article aimed to criticize the juridical basis of the scope of crime mentioned on Law Number 37 of 2004, focuses on the criminal responsibility of a Curator based on independence principle of Bankruptcy Law. Essentially, bankruptcy is a part of Civil Law. However, some bankruptcy cases eventually evolve into criminal matters when a Bankruptcy Curator who is responsible for handling and administering bankruptcy case is positioned as Defendant charged with conducting criminal acts. As stated in Article 234 verse (2) of Law Number 37 of 2004, a Curator who is proven not independent during bankruptcy court may be charged with Criminal Law.Keywords: Curator, Bankruptcy, Principle of Independency, Criminal Responsibility

A study on the concept of acquisition in the Local Tax Act and in tax law as being part of civil law

A study on the concept of acquisition in the Local Tax Act and in tax law as being part of civil law

Acquis Application in Albanian Company Law in Comparison with Other EU States in Relation to Corporate Management

In order to have a full picture of Albanian company law it is necessary to bring a short expose of events which shaped such law that has been part of civil law of Albania. Therefore, historical developments of Albanian business law, which are result of direct political and economical system in Albania, are required in such work. These systems let their traces in the commercial and business law and tradition within and outside Albania. Which, it indeed determined the growth and involvement, facing the new regional and Global challenges of business and economic life of Albania. The country is part of specific regional, geographical, and political systems characteristics, within the European Continent. Therefore the comparative analyses are required in order to understand its structure and changes that have taken place so far.