Journal Scientia Iustitiae

Heir Substitution in Inheritance Certificate Transfer

Akhmad — 2025-07-10

This normative legal research analyzes the alignment of judicial decisions on heir substitution with Islamic inheritance principles, focusing on its legitimacy and impact on land rights transfer. It examines laws, religious court rulings, and Islamic legal sources—primarily the Compilation of Islamic Law and fiqh al-farā’id—using both primary and secondary legal materials to assess the validity and consistency of these practices. In Indonesia's plural legal system, inheritance and land rights require formal legal instruments—such as authentic deeds and PPAT involvement—to ensure legal certainty and rights protection. For Muslims, Islamic inheritance must also comply with state procedures, particularly through formalization. Understanding the distinctions between inheritance systems, the role of authentic deeds, and PPAT functions is essential for resolving inheritance cases fairly and lawfully, aligning religious values with national law.

Criminal Liability for Perpetrators Forcing Children into Indecent Acts

Eka Ameva Oktiani — 2025-08-16

This research examines the issue of criminal liability for perpetrators who force children to commit indecent acts, with a case study in the jurisdiction of the Central Bengkulu Police. The study was triggered by cases reported in 2023, including one involving a perpetrator suffering from thyroid disease. Employing an empirical legal research method with a descriptive approach, this study aims to analyze the legal responsibility of offenders as well as the underlying factors contributing to child molestation. The findings reveal that criminal liability is grounded in the principle of lex specialis derogat legi generali, where special legislation overrides general provisions. Accordingly, such acts fall under Law No. 17 of 2016 (amendment of Law No. 23 of 2002 on Child Protection), particularly Article 82, which prescribes sanctions for sexual exploitation of minors. Furthermore, several factors were identified as contributors to child molestation, including the perpetrator’s age, lack of education, economic hardship, negative environmental influences, inadequate religious education, social surroundings, and rapid technological developments. This study underscores the urgency of strengthening child protection mechanisms and addressing socio-economic and cultural determinants to prevent similar crimes in the future.

The Validity of Testamentary Alterations Reducing Heirs’ Rights under Rejang Customary Law

Miftakhul Jannah — 2025-08-16

This study discusses the validity of modifications to the content of a will that reduce the rights of heirs according to Rejang customary law, particularly within the context of the principle "Pagiak Hok Waris." In Rejang society, a will is not only evaluated based on formal legal aspects but also on social acceptance and family consensus. The research method employed is a normative-empirical approach, combining literature review and interviews with customary leaders. The findings reveal that changes to the contents of a will that reduce heirs' rights may still be considered valid under Rejang customary law if agreed upon through family deliberation (musyawarah). The core principle of this customary law is to uphold harmony and social justice within the family. Therefore, a will that leads to conflict may be deemed invalid in the customary context, even if it is legally valid under written law. This study emphasizes the importance of deliberation and familial values in inheritance distribution according to Rejang customary law.

The Role of the Public Works and Housing Agency in the Provision of Green Open Space by Housing Developers in Bengkulu City

J.T. Pareke — 2025-08-19

In a housing complex, the need for green open space is very important to create because it has the function of balancing the environment, regulating temperature, filtering dirty air, controlling flooding, and as an environmental support facility. The development of green open space in a housing complex is one of the mandatory elements that must be fulfilled by developers who will build a housing complex, but in reality, many housing developers pay less attention and build the condition of green open space in their housing complex. This causes the function of green open space to be less enjoyed or felt by the residents of the housing. The method used in this study is an empirical juridical approach, research conducted by examining primary data obtained in the field. Data collection is done by observation, direct interviews and documentation related to the research. Supervision of the availability of green open space in residential areas is part of the function of the Bengkulu City Housing and People's Settlement Agency, the purpose of this supervision is to determine the implementation of work, work results, and everything whether it is in accordance with the plan or not. The supervisory role carried out by the Bengkulu City government in this case the Bengkulu City Housing and People's Settlement Agency has not been very effective by seeing that there are still many housing developers in Bengkulu City who have not provided green open space in their residential areas and there are no strict sanctions given by the Bengkulu City government to developers who do not provide green open space in their residential areas. The limited number of supervisory apparatus and the absence of a specific budget to carry out supervision are obstacles for the Bengkulu City government in carrying out supervision, so there is a need for additional competent staff and a budget so that supervision can run optimally.