scholarly journals IMPLEMENTATION OF THE PRINCIPLE OF ULTRA PETITUM PARTIUM IN DECIDING CHILDREN LIVELIHOOD IN DIVORCE LAWSUIT IN RELIGIOUS COURTS

2018 ◽  
Vol 18 (1) ◽  
Author(s):  
Hotnidah Nasution
Keyword(s):  
Child Protection ◽  
Child Support ◽  
The South ◽  
Basic Principles ◽  
Procedural Law ◽  
The Law ◽  
Religious Courts

This study analyzes 64 decisions of the South Jakarta Religious Courts, issued in 2011-2013, to see how ultra petitum partium principle is used to settle a child support claim in a divorce case. Child protection lawsuit is a legal solution given by the law to force fathers to carry out their obligations to fulfil their children's livelihood. In the Religious Courts, the case can be done simultaneously with a divorce case or done separately. In this study, the author argues that in deciding children’s livelihood claims, judges in the Religious Courts, besides having to comply with the applicable procedural law, should also follow basic principles applied in the General Court.  This is based on article 54 of Law No. 7 of 1989 (amended by Law No. 3 of 2006 and Law No. 50 of 2009). One of the principles is ultra petitum partium, in which the judges are prohibited from deciding a matter that is not stated in the lawsuit or decide more than what is demanded. From 64 decisions, 60 of them applied the ultra petitum partium principle. In this case, none of them decided to order the fathers to pay for children supports, even though the posita mentions that children were born during their marriage, and the children are with the mothers. 

scholarly journals Kesaksian Non Muslim dalam Perkara Perceraian menurut Pendapat Hakim di Pengadilan Agama Bandung

2019 ◽  
Vol 16 (1) ◽  
pp. 87
Author(s):  
Ahmad Nabil Atoilah ◽  
Bayu Alif Ahmad Yasin
Keyword(s):  
Islamic Law ◽  
Procedural Law ◽  
The Law ◽  
Religious Courts

Islamic law one of the requirements to be a witness is Islam, but the Procedural Law of Religious Courts does not regulate the Islam of a witness. Terms of Islam are getting responses from various parties, especially the judges. The judge has his own opinion about the witness who must be Muslim, and that is different as formulated by the scholars. The issue of non-Muslim testimony in the case of divorce of judge opinion on the testimony of non-Muslims so that their testimony is accepted and declared valid as Islamic law which refers to Law no. 7 since 1989, since the enactment of the Law, the Procedural Law of Religious Courts is allowed to apply the procedural law applicable in the General Courts as the Law of the Program, namely HIR and R.Bg.

scholarly journals ANALISIS HUKUM E-LITIGASI JO. PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 7 TAHUN 1989 JO. UNDANG-UNDANG NOMOR 3 TAHUN 2006 JO. UNDANG-UNDANG NOMOR 50 TAHUN 2009 TENTANG PENGADILAN AGAMA

2020 ◽  
Vol 9 (2) ◽  
pp. 178
Author(s):  
Annisa Annisa
Keyword(s):  
Supreme Court ◽  
Legal Basis ◽  
Procedural Law ◽  
The Law ◽  
Religious Courts

 Penelitian ini memiliki tujuan untuk memaparkan berkenaan dengan analisi hukum e-litigasi. Persidangan dengan e-litigasi yang dasar hukumnya berupa PERMA Nomor 1 Tahun 2019 dianggap telah melampaui hukum acara yang termuat dalam Undang-Undang Nomor 7 Tahun 1989 jo. Undang-Undang Nomor 3 Tahun 2006 jo. Undang-Undang Nomor 50 Tahun 2009 Tentang Pengadilan Agama. Pnelitian ini membahas kedudukan PERMA dalam hierarki perundang-undangan agar dapat diketahui posisi PERMA dan batasan PERMA dalam menyusun peraturannya.Kata kunci: e-litigasi, PERMA, Hukum This study aims to analyze the law of e-litigation. Trials with e-litigation, the legal basis of which is Supreme Court Regulations (PERMA) Number 1 of 2019, are considered to have exceeded the procedural law contained in Law Number 7 of 1989 jo. Law Number 3 of 2006 jo. Law Number 50 of 2009 concerning Religious Courts. This study discussed the position of PERMA in the hierarchy of legislation in order to find out the position of PERMA and the limitations of PERMA in formulating its regulations.Keywords: e-litigation, PERMA, Law

scholarly journals Juridical Review of the Legal Imposition of the Defendant in the Sued Divorce Case as the Implementation of Just PERMA No. 3 of 2017

2020 ◽  
Vol 1 (2) ◽  
pp. 133
Author(s):  
Trubus Wahyudi ◽  
Masrur Ridwan
Keyword(s):  
Law Enforcement ◽  
Child Support ◽  
Islamic Law ◽  
Literature Study ◽  
High Court ◽  
Central Java ◽  
Education And Health ◽  
The Law ◽  
Law And Justice ◽  
Religious Courts

The law enforcement paradigm regarding the legal imposition of the Defendant in the case of sued divorce lawsuit as the implementation of Perma No. 3 of 2017, the factor of law protection and justice for women and children's rights due to the divorce of their parents in the Religious Court is essential as the upholding of the rule of law and justice. Judges in adjudicating women's cases against the law must adhere to the following principles: respect for human dignity, non-discrimination, gender equality, equality before the law, justice, benefit and legal certainty. The process of adjudicating a divorce case, even if the initiative of the case is from the woman, her rights must be protected by the former wife, as well as the rights of her child. Normatively, the legal arrangements for the divorce case are Article 73 to Article 83 of Law Number 7 of 1989 Jonto Article 114 to Article 156 Compilation of Islamic Law, and as the initiator of the filing of the divorce case is the wife as the plaintiff. This study uses a sample of several decision objects in certain Religious Courts in the jurisdiction of the High Court of Religion, Central Java, through a series of research methods with a sociological juridical approach or social legal research, and data collection techniques through interviews and literature study. The implementation of Perma No. 3 of 2017 regarding the legal imposition of the Defendant in the case of sued divorce lawsuit in the Religious Court can be formulated in the form of a dictum of the Judge's decision "Condemnatur" as a court product that contains the rights of the former wife as the Plaintiff, as well as the rights of child support, fees sustainability of education and health that is just.

scholarly journals GANTI KERUGIAN TERHADAP ANAK KORBAN TINDAK PIDANA PENCABULAN

2021 ◽  
Vol 7 (1) ◽  
pp. 244-270
Author(s):  
Achmad Murtadho
Keyword(s):  
Sexual Abuse ◽  
Special Needs ◽  
Child Protection ◽  
Court System ◽  
Legal Practice ◽  
Sexual Offences ◽  
Procedural Law ◽  
Fair Compensation ◽  
Victims Of Sexual Abuse ◽  
The Law

Children’s rights, as victim (of sexual offences) or perpetrator of crime, are not yet well secured or protected by law. This issue will be discussed by examining closely the substantive and procedural rules-regulation in the Law of Child Protection (no. 23 of 2002) and Law on Child Court (no. 11 of 2012). In addition, legal practice about children court shall also be highlighted. The author suggest that the prevailing substantive and procedural law has not yet be made adequately in response to the special needs of children victims of sexual abuse as well as accommodating the need for sufficient and fair compensation. It is as it is, due, amongst others, for the lack of victim perspective in the making of the children court system and how this system is being practiced.

THE COMPARISON OF EVIDENCE IN STATE ADMINISTRATIVE COURT BETWEEN INDONESIA AND SOUTH KOREA

2020 ◽  
Vol 9 (2) ◽  
pp. 232
Author(s):  
Fadli Zaini Dalimunthe
Keyword(s):  
Historical Development ◽  
Comparative Approach ◽  
The South ◽  
Conceptual Approach ◽  
South Korean ◽  
Procedural Law ◽  
The Supreme Court ◽  
Valid Evidence ◽  
Similarities And Differences ◽  
Religious Courts

The judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach.

Saksi Wanita dalam Putusan Perceraian di Pengadilan Agama Kelas IA Kota Jambi

2016 ◽  
Vol 16 (1) ◽  
pp. 19-30
Author(s):  
Jantan Saparuddin ◽  
Maryani Maryani
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Empirical Approach ◽  
Procedural Law ◽  
Approach Method ◽  
The Law ◽  
Marital Disputes ◽  
Religious Courts ◽  
Laws And Regulations ◽  
Marital Law

In examining and resolving marital disputes in divorce cases special procedural law is regulated, which is regulated in Law Number 1 of 1974 concerning marriage, Government Regulation Number 9 of 1975 concerning the implementation of Law Number 1 of 1974, Law Number 7 Year 1989 concerning the Religious Courts and Compilation of Islamic Law. Among the duties of judges in resolving divorce cases is to worry or judge whether the events or facts presented by the parties are true and this can only be done through verification. This study aims: first, to know the role and position of female witnesses for divorce cases in the Jambi City Religious Court according to Islamic law; second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to Indonesian law. Second, knowing the role and position of female witnesses for divorce cases in the Jambi City Religious Courts according to the laws in Indonesia. The research method used is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives. The approach method used in this study is an empirical juridical method, which is used to analyze various laws and regulations in the field of marital law. While the empirical approach is used to analyze the law not merely as a set of normative legislation, but the law is seen as the behavior of people who fluctuate and pattern in people's lives.

Influential Factors in The Law Enforcement Process of Sexual Violence Cases in Children in The City of Semarang

SOEPRA ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 4
Author(s):  
Liya Suwarni
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Medical Record ◽  
Child Protection ◽  
Influential Factors ◽  
Medical Record Data ◽  
Violence Against Children ◽  
Record Data ◽  
The Law ◽  
The City

Background. Cases of sexual violence increase every year, victims ranging from adolescents, children to toddlers. Based on data from the Indonesian Child Protection Commission, abuse and violence against children in Indonesia in 2013 were 23 cases, in 2014 there were 53 cases, in 2015 there were 133 cases, 2017 reached 1,337 cases, and as of July 2018 there were 424 cases. Purpose. Knowing the factors that influence the law enforcement process of sexy violence cases in Semarang City. Method This study uses descriptive analytical methods for cases of violence against children, based on medical record data in hospitals, documents in Mapolrestabes, the District Attorney's Office and the Semarang City Court for the period of January 2015 to December 2018. Results. Based on research results obtained 213 experimental cases section from medical record data in hospitals in the city of Semarang. Most cases of child abuse occurred in 2018 with 72 cases. Most victims are 12-14 years old age group, female. Most types of cases are cases of intercourse. The majority of violations are persons known as victims, perpetrators not working, and most of the places of occurrence are in the defendant's house. At the time of prosecution and trial, the number of cases was significantly reduced to only 8 cases. Factors related to this include lack of evidence, difficulty in obtaining information from victims, convoluted statements of coverage, lack of election, and obtaining diversion rates. Conclusion Cases of sexual violence have increased from year to year. The process of law enforcement on this problem still has many difficulties in each manufacturing process which is still difficult to overcome.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

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