Search Articles & Publications

Showing 14 articles found for "Disputes"

DISASTER RISK GOVERNANCE AND SOCIO-ECOLOGICAL VULNERABILITY IN THE DEVELOPMENT OF REMPANG ISLAND

Oktaviane, Diga Putri, Yustina, Yustina
Abstract: The development of Rempang Island through the Rempang Eco-City project has become one of Indonesia’s strategic initiatives to promote investment, industrialization, and regional economic growth in coastal areas. While the… the project is expected to strengthen economic competitiveness and attract large-scale investment, its implementation has generated significant social, environmental, and governance challenges. Existing studies on Rempang have primarily focused on land disputes, relocation issues, and agrarian conflicts, with limited attention given to disaster risk governance and socio-ecological vulnerability perspectives. This study aims to analyze the development of Rempang Island through the lens of Disaster Risk Governance (DRG) and socio-ecological vulnerability to understand how development policies, environmental change, and governance arrangements interact in shaping risks within coastal regions. This study employs a qualitative approach using literature review and policy analysis. Data were collected from government regulations, official reports, public policy documents, human rights reports, academic publications, and other credible secondary sources. The analytical framework integrates disaster risk governance, socio-ecological vulnerability, and public policy theories. The findings indicate that the Rempang conflict should not be understood solely as an agrarian dispute or community resistance to relocation. Instead, it reflects broader governance challenges associated with integrating disaster risk considerations into coastal development policies. The project has the potential to generate socio-ecological vulnerabilities related to land tenure uncertainty, livelihood transformation, cultural identity concerns, environmental pressures, and limited stakeholder participation. The study argues that sustainable coastal development depends not only on economic investment but also on the capacity of governance systems to manage emerging risks through collaborative, adaptive, and inclusive approaches. The article contributes to the literature by positioning the Rempang case as a governance-of-risk issue and highlighting the need to integrate economic development, environmental sustainability, and disaster risk reduction within coastal governance frameworks.

A CRITICAL COMPARATIVE ANALYSIS OF ARBITRATION AND COURT PROCEEDINGS IN BUSINESS DISPUTE RESOLUTION IN POST-DIGITALIZATION INDONESIA: A STUDY OF LEGAL CERTAINTY AND TIME EFFICIENCY

Habibah Khoiriah
Abstract: The rapid expansion of the digital economy in Indonesia has significantly transformed business practices and, consequently, the landscape of business dispute resolution. This study presents a critical comparative analysis… s of arbitration—particularly online arbitration—and conventional court litigation in resolving business disputes in post-digitalization Indonesia. The research focuses on two principal aspects: legal certainty and time efficiency. Using normative juridical analysis supported by relevant legal theories, including Progressive Legal Theory, Development Legal Theory, and Legal Convergence Theory, this study examines the adaptability of dispute resolution mechanisms within the framework of Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution and related regulations governing electronic court administration. The findings indicate that arbitration, especially through Online Dispute Resolution (ODR), offers greater procedural flexibility, shorter resolution time, and cost efficiency compared to conventional litigation, which remains burdened by rigid procedural stages, administrative complexity, and case backlogs. Digitalization has further enhanced arbitration efficiency by enabling electronic submission of documents, virtual hearings, and digital evidence examination. However, challenges persist, including technological infrastructure limitations, data security concerns, and the need for regulatory harmonization to ensure enforceability and equal legal legitimacy with court decisions. This study concludes that while digital arbitration demonstrates superior time efficiency and practical advantages, regulatory reform and institutional strengthening are essential to guarantee optimal legal certainty in Indonesia’s evolving digital business environment.

ANALYSIS OF INHERITANCE DISTRIBUTION FOR CHILDREN FROM A SECOND WIFE ACCORDING TO INHERITANCE LAW IN INDONESIA

Febriyanti, Nurul, Syahrul, Syahrul, Zr, Surono
Abstract: In Indonesia, dividing an inheritance can become particularly challenging when it involves a second wife and children from different marriages. One of the most sensitive issues is determining each child's rightful share,… especially when the legal status of the second marriage is uncertain. This study uses a qualitative library research method, drawing from both primary legal texts and supporting literature to explore this issue.The findings, based on the study “Analysis of Inheritance Distribution for Children of a Second Wife According to Indonesian Inheritance Law”, show that Islamic inheritance law in Indonesia generally aims to provide a fair and balanced distribution through the principles of faraidh. As long as the second marriage is legally recognized, children from that union have the same inheritance rights as those from the first marriage. In practice, however, problems often occur when the second marriage hasn't been officially registered. This highlights the importance of legally documenting all marriages to protect the rights of every child and avoid future disputes among heirs.      

ANALISIS YURIDIS KEABSAHAN PERJANJIAN KREDIT BANK OLEH NASABAH YANG DENGAN OBJEK HARTA BERSAMA DALAM PERKAWINAN

Mozin, Nopiana
Abstract: The discussion related to bank credit problems cannot be denied that there are urgent matters that can be considered disturbing for the bank as a creditor, one of which is related to the impact of divorce which certainly… causes problems in terms of implementing the credit agreement system made. In several previous studies, it was found that after a divorce, customers face unfavorable financial conditions, so in the end they experience problem loans because the object of credit is joint property. Spouses who have divorced and are entitled to gono-gini property, often have disputes about this. However, the wishes of each party are usually contrary to the laws applicable to the divided gono-gini property. The purpose of this study is to analyze the juridical joint property with the marriage Agreement and analyze the validity of Bank Credit Agreements by customers who are bound by marital Status with the object of joint property.  

Penyelesaian Sengketa Ekonomi Syariah Pada Arbitrase

Ahmad Reza Maulana, mariani
Abstract: This research explores dispute resolution methods in the field of Sharia economics through the arbitration mechanism. With the rapid growth of Sharia-based financial industries, the need for effective dispute resolution… in accordance with Sharia economic principles becomes increasingly pressing. Arbitration is considered a relevant alternative compatible with Islamic law in handling Sharia economic conflicts. This study will trace the Islamic legal principles applicable in arbitration and analyze the success and challenges of Sharia economic dispute resolution through the arbitration process. Additionally, the research will review the role of arbitration institutions and regulations supporting Sharia dispute resolution. Thus, this study provides in-depth insights into the potential of arbitration as an effective means of resolving Sharia economic disputes and its contribution to the global development of Sharia-based financial systems.

ISLAMIC LEGAL REVIEW OF THE DIVISION OF PROPERTY WHILE BOTH PARENTS ARE STILL ALIVE

Efdian Marbun
Abstract: The reason for dividing inheritance while the heirs are still alive is to avoid conflicts that will give rise to conflicts between heirs and not contradict Islamic law. The provisions of the Compendium of Islamic Law regarding… arding the distribution of inheritance to living heirs provide evidence that the condition of the testator's death remains an implicit condition for inheritance of his assets in the form of inheritance. However, the Compilation of Islamic Law provides another way to carry out the distribution of inheritance before the death of the heirs as stated in Article 187 paragraph (1) of the Compilation of Islamic Law. The Islamic legal view regarding the distribution of inheritance to living heirs can be taken if there is a risk of disputes and conflicts between heirs that result in losses.

LEGAL PROTECTION FOR DEBTORS ON THE GUARANTEE OF MOTOR VEHICLE OWNERSHIP BOOK (BPKB) IN COOPERATIVE CREDIT LOANS

Indra Tua Manik, Siti br. Ginting
Abstract: The legal position between the debtor and the debtor in the bond agreement, where the borrower has the right to return proof of ownership of the collateral after the loan payment, while the borrower has the right to a higher… gher bond amount, and the billing period in accordance with the guarantor who is entitled to payment plus principal (interest) with the borrower's monthly installments including compensation in the event of late payment. Settlement of disputes related to credit agreements, where the person concerned can arbitrate the agreement in question. Legal observations made by the judge in the decision of Case No. 70 / Pdt.G / 2020 / PN.Mdn, where the judge is of the opinion that the plaintiff has won legally there is no action taken by the Defendant on behalf of Mas Arif Fauzan and verstek. The issuance of this decision is binding on both parties because it has permanent legal force ( incracht ) and has become a new law for the parties. The judge made the decision based on previous legal opinions and the judge's belief that presenting a legitimate and persuasive action is a breach of contract.

ISLAMIC LEGAL REVIEW OF PROPERTY DIVISION WHEN BOTH PARENTS ARE STILL ALIVE IN BINJAI

Budi, Syukurman
Abstract: The reason for dividing inheritance while the heirs are still alive is to avoid conflicts that will give rise to conflicts between heirs and not contradict Islamic law. The provisions of the Compendium of Islamic Law regarding… arding the distribution of inheritance to living heirs provide evidence that the condition of the testator's death remains an implicit condition for inheritance of his assets in the form of inheritance. However, the Compilation of Islamic Law provides another way to carry out the distribution of inheritance before the death of the heirs as stated in Article 187 paragraph (1) of the Compilation of Islamic Law. The Islamic legal view regarding the distribution of inheritance to living heirs can be taken if there is a risk of disputes and conflicts between heirs that result in losses.

LEGAL PROTECTION FOR DEBTORS ON THE GUARANTEE OF MOTOR VEHICLE OWNERSHIP BOOK (BPKB)IN CREDIT LOANS(Analysis of the Decision in Case Number 70/Pdt.G/2020/PN.Mdn)

Kincia
Abstract: The legal position between the debtor and the debtor in the bond agreement, where the borrower has the right to return proof of ownership of the collateral after the loan payment, while the borrower has the right to a higher… gher bond amount, and the billing period in accordance with the guarantor who is entitled to payment plus principal (interest) with the borrower's monthly installments including compensation in the event of late payment. Settlement of disputes related to credit agreements, where the person concerned can arbitrate the agreement in question. Legal observations made by the judge in the decision of Case No. 70 / Pdt.G / 2020 / PN.Mdn, where the judge is of the opinion that the plaintiff has won legally there is no action taken by the Defendant on behalf of Mas Arif Fauzan and verstek. The issuance of this decision is binding on both parties because it has permanent legal force ( incracht ) and has become a new law for the parties. The judge made the decision based on previous legal opinions and the judge's belief that presenting a legitimate and persuasive action is a breach of contract

ISLAMIC LEGAL REVIEW OF THE DIVISION OF PROPERTY WHILE BOTH PARENTS ARE STILL ALIVE

Jihan
Abstract: The reason for dividing inheritance while the heirs are still alive is to avoid conflicts that will give rise to conflicts between heirs and not contradict Islamic law. The provisions of the Compendium of Islamic Law regarding… arding the distribution of inheritance to living heirs provide evidence that the condition of the testator's death remains an implicit condition for inheritance of his assets in the form of inheritance. However, the Compilation of Islamic Law provides another way to carry out the distribution of inheritance before the death of the heirs as stated in Article 187 paragraph (1) of the Compilation of Islamic Law. The Islamic legal view regarding the distribution of inheritance to living heirs can be taken if there is a risk of disputes and conflicts between heirs that result in losses.