Constructing Sustainable Justice in Indonesia: Judges' Legal Considerations in Grant and Inheritance Disputes Debora Endang Rahayuningsih, Edy Lisdiyono, Setiyowati ., Nanang Fayakun, Afif Noor Architecture Image Studies, 2025 Inheritance and gift disputes, common in Indonesia, often lead to social tension and legal uncertainty. The decisions made by the courts in these cases have significant implications for the parties involved and the realization of substantive justice in society. This article analyzes the construction of judges' legal reasoning in resolving inheritance and gift disputes from a sustainable justice perspective. The research method used is a normative juridical approach, analyzing court decisions, positive legal provisions, and relevant Islamic and customary legal principles. The research findings indicate that an ideal judge's legal reasoning should integrate legal certainty, substantive justice, humanitarian values, and social sustainability. This integration will not only strengthen the legitimacy of court decisions and prevent structural injustice but also has the potential to significantly influence the development of responsive national law, offering hope for a more just legal system.
THE RECONSTRUCTION OF RELIGIOUS COURT DECISION EXECUTION ON THE FULFILMENT OF CHILDREN’S RIGHTS POST-DIVORCE IN INDONESIA Ahmad Haris, Edy Lisdiyono, Setiyowati Revista De Gestao Social E Ambiental, 2024 Purpose: The aim of this study is to examine the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia. Theoretical Framework: This research is based on the postulate that court decisions ideally aimed to guarantee justice and legal certainty for the parties, but in reality, not all judge’s decisions can be implemented as well. This can be seen in the implementation of religious court decisions in Indonesia regarding children's maintenance rights post-divorce. Design/Methodology/Approach: This research uses a juridical-normative method. The sources and techniques of data collection were obtained from documentation studies, literature, and interviews with informants. The data analysis technique uses a deductive approach to formulate a conclusion. Findings: The results of this research show that on the one hand, the regulation of the father's obligations towards child support post-divorce in the judge's decision at the Religious Courts refers more to the positive laws that implemented in Indonesia. On the other hand, positive law in Indonesia has not yet effective in regulating the execution of judges' decisions regarding the children's rights post-divorce because it is only voluntary and lacks coercive power. Research, Practical & Social Implications: As the implication of the research, family law in Indonesia needs to be reconstructed through conducting special regulations regarding the execution mechanism regarding the fulfillment of children's rights post-divorce to be more regulatory, binding, and coercive. Originality/Value: The value of the research originality became an explanatory method for the conceptual development of the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia.
REIMAGINING LEGAL AID INSTITUTION REGULATION TO ENHANCE LEGAL CERTAINTY Sinto Adi Prasetyorini, Edy Lisdiyono, Sri Mulyani, Annisa Ghina Savira Revista De Gestao Social E Ambiental, 2024 Purpose: This research aims to examine the regulations governing the establishment of Legal Aid Institutions (LAIs/LAOs) in Indonesia, with a focus on achieving necessary legal clarity to ensure their effective functioning. Method: This research employs a prescriptive research method, involving the description of primary and secondary data findings related to the regulations governing LAIs/LAOs establishment in Indonesia. The data are processed and analyzed to derive insights into the current legal framework. Result and Discussion: The findings indicate that the existing regulations concerning the establishment of LAIs/LAOs in Indonesia lack clarity, particularly regarding the legal entity status utilized. While foundation status predominates, its alignment with Indonesian legal principles requires further consistency. Therefore, this research underscores the need for more transparent and comprehensive reformulation of these regulations. Implication of the Research: Reforming the regulations governing the establishment of LAIs/LAOs holds significant implications for improving their efficiency and effectiveness. Such reforms can enhance access to justice, protect human rights, and ensure the proper functioning of LAIs/LAOs, thereby contributing to greater legal certainty and benefiting Indonesians in need of legal aid. Originality/Value: This research contributes to the existing literature by providing insights into the regulatory framework surrounding the establishment of LAIs/LAOs in Indonesia. By highlighting the need for reform and recommending clearer regulations, this study offers practical guidance for policymakers and stakeholders involved in legal aid provision, ultimately advancing the efficacy of legal aid services in Indonesia.
Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants Setiyowati Setiyowati, Edy Lisdiyono Substantive Justice International Journal of Law, 2023 Inheritance law in the BW is basically regulatory and there is no element of coercion. The heir has the right to do anything with his property as long as he is still alive. However, the treatment of his assets must not violate the legitimacy of the portie or the absolute rights of the legal heirs. If the right of legitieme portie is violated, all the actions of the heirs are null and void as long as the demands of the heirs are valid. The purpose of this research is to find out the legal consequences of annulment of wills and awarding of deed for violating the legitieme portie. The method of analysis was carried out using a case study of the Supreme Court Decision. The results of the analysis of the case filed a lawsuit for Budijono Hartono's inheritance between Budijono Hartono's legitimate child as the legal heir and Budijono Hartono's wife, the Court judge decided to cancel the Will and Grant Deed for violating the legitieme portie, as a consequence of not fulfilling the provisions in the laws and regulations on the seduction of legitimaries. Deeds of wills and deed of grants are declared to have no legal force so that all assets listed in the deed of wills and grants are included in the boedel to be divided among all the heirs.
LEGAL AND SOCIO-ECONOMIC OUTLOOK OF WASTE BANK: ENVIRONMENTAL POLLUTION AND PUBLIC HEALTH ASSESSMENT IN SUSTAINABLE HOUSEHOLD WASTE MANAGEMENT PRACTICES Kusmayadi Kusmayadi, Edy Lisdiyono, Sri Mulyani Corporate Law and Governance Review, 2023 The purpose of this study is to investigate and establish a regulatory model for managing household waste with a public health approach. The research employs a statutory approach combined with a comparative methodology to analyze and explore the connections between law and other social institutions. Various laws and regulations are directly associated with waste management, including Law No. 32 of 2009 on Environmental Protection and Management and other similar legislation. The enforcement of these laws and regulations in waste management relates to three legal systems: structure, substance, and legal culture. The study’s results show that the enforcement of environmental law in waste management is a blend of legal structure, legal substance, and legal culture. It can also be studied from both preventive and repressive sides. The study highlights the importance of implementing sustainable waste management practices to reduce environmental pollution and minimize health risks to the public. Through legal intervention, sustainable waste management practices can become standardized and be effectively enforced, leading to cleaner and safer living environments. The study concludes that preventing and responding to waste management issues requires a comprehensive approach that includes legal measures, as the implementation of laws and regulations plays an essential role in ensuring responsible waste management practices and protecting people’s health.
Knowledge management to develop comprehensive networking of university-industry collaboration in technology and innovation performance Emiliana Sri Pudjiarti, Edy Lisdiyono, Rini Werdiningsih International Journal of Data and Network Science, 2022 Universities are an integral part of the skills and innovation supply chain for businesses that are multidimensional, sustainable, quality, and enduring in the long term. In pursuing this role, universities are encouraged to establish a university-industry cooperation (UIC) context that supports faculty and students to engage in business activities. Collaboration is very important for universities, because universities are not only research universities, but must reach the level of learning colleges. The results of the research found that implementing UIC regulations affected the performance of university academic innovation, it also found that the knowledge management mechanism was an important factor to improve the performance of university academic innovation, and the implementation of regulations also played a role in developing knowledge management and performance of university academic innovation.
Legal idealism and implementation: An analysis of the gap between environmental policy and the local regulation in Indonesia Journal of Legal Ethical and Regulatory Issues, 2018
Governance and the role of legal aspects in the fuel pricing in Indonesia International Journal of Energy Economics and Policy, 2018
Alternative dispute settlement regarding investment in some Asia pacific countries Ade Saptomo, Edy Lisdiyono European Research Studies Journal, 2018 Every regional government effort in economics aims to provide welfare to the people, as well as investment opportunities in a legal attractive environment.Hence, the business disputes become significant factors in regional investment, notably in Asia Pacific region that is now experiencing rapid economic growth. The question, however, is whether there is access for legal and trusted settlements for business disputes.This study uses the qualitative method mostly used for legal issues on selected countries in the Asia Pacific region.The results show that regional governments’ capability to formulate policies related to dispute settlement in investments and to improve the quality of legal issues of business dispute settlements, in and outside the court is expected to have a significant role leading to a considerable increase in the investment level.
Exploring the strength of local wisdom in efforts to ensure the environmental sustainability International Journal of Civil Engineering and Technology, 2017
Community right to health on pharmaceutical patents International Journal of Civil Engineering and Technology, 2017
Business activities and criminal responsibility of corporation according to the act no. 32/2009 concerning protection and management of the living environment International Journal of Mechanical Engineering and Technology, 2017
