scholarly journals KAWIN HAMIL AKIBAT ZINA : Studi terhadap Persepsi Masyarakat Nagari Ranah Pantai Cermin, Solok Selatan

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Zainal Azwar ◽  
Elfia Elfia
Keyword(s):  
Qualitative Methods ◽  
Field Research ◽  
Parental Supervision ◽  
Research Approach ◽  
Religious Leaders ◽  
Legal Research ◽  
Local Society ◽  
The Public ◽  
Research Questions

This study purpose to expose the perception of Pantai Cermin public towards the phenomenon of pregnant marriage due to adultery. This is caused by the increasing cases of pregnant marriages in Nagari Ranah Pantai Cermin from 2014 until 2017. The research questions are: What are the factors causing the increase of pregnant marriages due to adultery in Nagari Ranah Pantai Cermin, what are the public's opinions about pregnant marriages due to adultery, and what are the efforts done by the community to prevent pregnant marriages due to adultery. This research is a field research with a socio legal research approach. The collected datas were analyzed using qualitative methods. The research finds are: First, the factors that caused pregnant marriage in Nagari Ranah Pantai Cermin were the lack of parental supervision, promiscuity, weak sanctions, and misuse of technology. Second, The Public of Nagari Ranah Pantai Cermin assumpt that pregnant marriage is a very shameful act and in principle is not accepted by the public. However, the Society must accept it by perforce because they do not have the legitimate to punish the perpetrators. Eventually, the case of pregnant marriage became familiar to the public. Third, the efforts were done by the community to prevent pregnant marriages are increasing parental attention, obeying with regulations made by the local Society, carrying out sanctions that have been agreed upon by the religious leaders and ninik mamak, holding juvenile bonds, and sharing knowledge about the consequences of adultery.

scholarly journals Implementasi Asas Sederhana Pendaftaran Tanah Sistematis Lengkap dalam Menjamin Hak Keperdataan

PETITUM ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 131-142
Author(s):  
Aisyah Aisyah ◽  
Haris Retno Susmiyati ◽  
Rahmawati Al-Hidayah
Keyword(s):  
Civil Rights ◽  
Research Method ◽  
Field Research ◽  
Research Approach ◽  
Legal Certainty ◽  
Legal Language ◽  
Legal Research ◽  
Land Registration ◽  
Technical Language ◽  
Technical Regulations

This study aim to analyze the implementation of the simple principle of Complete Systematic Land Registration in guaranteeing civil rights. This research uses the socio-legal research method which is a research approach that is carried out directly from the community as the first source through field research from the relevant institute. Based on the research conducted, it can be concluded that the implementation of the simple principle at the research location has not run optimally because the legal language and technical language in the land registration procedure are difficult to understand by the community, so that it implies that a simple principle has not been created in the Systematic Complete Land Registration. Simple principles in regulations need to be concretized in technical regulations to interpret these simple principles so that there are no more obstacles in land registration procedures so as to guarantee legal certainty and ease in land registration. Penelitian ini bertujuan untuk tentang implementasi asas sederhana Pendaftaran Tanah Sistematis Lengkap dalam menjamin hak keperdataan. Penelitian ini menggunakan metode socio-legal research yaitu pendekatan penelitian yang dilakukan langsung dari masyarakat sebagai sumber pertama melalui penelitian lapangan dari instansi terkait. Berdasarkan penelitian yang dilakukan, dapat disimpulkan bahwa implementasi asas sederhana di lokasi penelitian belum berjalan secara optimal karena bahasa hukum dan bahasa teknis dalam prosedur pendaftaran tanah sulit dipahami oleh masyarakat, sehingga berimplikasi belum terciptanya asas sederhana dalam Pendaftaran Tanah Sistematis Lengkap. Asas sederhana dalam peraturan perlu dikonkretkan regulasi teknisnya untuk menafsirkan asas sederhana tersebut agar tidak terjadi lagi hambatan dalam prosedur pendaftaran tanah sehingga menjamin kepastian hukum serta kemudahan dalam pendaftaran tanah.

scholarly journals The Annexation of The General Judiciary Against Consumer Dispute Resolution Agency

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 157
Author(s):  
Otih Handayani ◽  
Agus Riwanto ◽  
Panti Rahayu
Keyword(s):  
Qualitative Methods ◽  
Dispute Resolution ◽  
Research Approach ◽  
Legal Research ◽  
Legal Study ◽  
Research Material ◽  
Library Research ◽  
The Supreme Court ◽  
Efficiency Theory ◽  
Credit Agreement

This article aims to analyze the authority of the Consumer Dispute Resolution Agency (BPSK) as Quasi-Judicial in handling consumer disputes as mandated in Article 49 paragraph (1) of Law No. 8 of 1999. This research is a normative legal study that is prescriptive and technical/applied. The research approach uses the Act approach. This legal research material uses primary legal materials and secondary legal materials. The technique of collecting legal materials through library research is then analyzed using qualitative methods. Supervision of the default clause stipulated in the credit agreement is the authority of BPSK; since 2013, the Supreme Court has consistently dismissed consumer disputes for credit agreements positioned as ordinary agreements, stating the parties to the dispute should take their case to the general Judiciary, as well as correcting BPSK's authority. This not only does not imply the principle of lex specialis derogate lex religious but also does not implement efficiency theory that ultimately harms consumers.

scholarly journals Keabsahan Identitas dalam Administrasi Kependudukan

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Afdhal Afdhal
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Data Entry ◽  
Standard Operating Procedure ◽  
Structured Interview ◽  
Research Approach ◽  
Legal Research ◽  
The Public ◽  
Registration Data ◽  
Standard Operating

Abstract This study aims to identify and explain the purpose of sticking client fingerprint To identify and explain the legal status of fingerprints on Electronic citizen Card (E-KTP) with sticking client fingerprint on the public administration.The research was conducted as an Empirical legal research with socio-legal research approach. The data were collected using structured interview techniques. Data were analyzed qualitatively.The results of the study explained that the purpose of sticking clien fingerprint has not completely realized the legal assurance the correct fingerprint, consequently administration can not use the fingerprint data effectively. Fingerprints used by notaries and fingerprints appear on electronic citizen card have a legal status as authentic evidence of the a citizen’s identity. Implementation sticking fingerprints do Civil Registry Office has a mechanism and standard operating procedure from the stage of registration, data entry and verification of data so that the results can be used as the information and valid. But sticking obligation fingerprint notaries do is rely on the interpretation of each requires a considerable time in the match the data client  Purpose, Fingerprints, Public Administration

scholarly journals Developing Cooperative Law Culture at Bmt (Baitul Maal Wa Tamwil) to Remove The Rente System in The Traditional Market

2020 ◽  
Vol 86 ◽  
pp. 01049
Author(s):  
N Triana ◽  
Naqiyah
Keyword(s):  
Legal Culture ◽  
Legal Research ◽  
Mutual Cooperation ◽  
The Public ◽  
Traditional Markets ◽  
High Interest ◽  
Traditional Market ◽  
New Construction ◽  
Research Questions ◽  
Very High

This study aims to uncover and build Baitul Maal wa Tamwil (BMT) with the cooperative legal culture to eliminate rent systems in traditional markets. The research questions are: how is the existing condition of BMT legal culture and how to build new construction of cooperative legal culture on BMT. This research uses qualitative type of research, a traditional non-doctrinal legal research, with a socio legal approach. The results showed that the business of borrowing money with a very high interest or the practice of loan sharks until now is still rampant in a number of traditional markets, the practice of loan sharks in the form of Plecit Bank or UcekUcek Bank remains in demand by the public. The existence of Baitul Maal wa Tamwil (BMT) apparently has not been able to play a optimal role in traditional markets. BMT is under the legal umbrella of cooperatives in practice apply to the Bank. such as borrowing money with a high margin, there is still a guarantee, a long process and consider the customer as a banking customer, not as a member, so there is no cultural closeness. For this reason, it is necessary to establish a legal culture in BMT that has a cultural spirit and cooperative spirit, namely mutual cooperation and togetherness, from members to members. all the benefits of the cooperative achieved by the group, can always be felt directly by all members.

Konsep al-‘Adl dalam Harta Gono Gini Perspektif Masyarakat Sampang Madura

2019 ◽  
Vol 10 (2) ◽  
pp. 247-262
Author(s):  
Harisah . ◽  
Kutsiyatur Rahmah
Keyword(s):  
Qualitative Methods ◽  
Field Research ◽  
Religious Leaders ◽  
Community Based ◽  
The People ◽  
The Village

Textually in the Qur’an and the Hadith there is no explanation regarding the distribution of property gono-gini. The distribution of assets is born from the habits of the people, which they think is right and fair. So that every place of distribution is not always the same. Similarly, the Madurese community. Based on this, there are two problems that become the study in this study, namely: the distribution of gono-gini assets in Madura and justice in gono-gini assets according to the Madurese people by using qualitative methods with the type of field research. This data was obtained by interview, observation and documentation. This research proves that the distribution of gono-gini assets in the Madurese community is carried out by: first, division involving two families. Second, it involves religious leaders. Third, by involving the village head. Fourth, involving the court. Whereas justice according to the Madura community does not have to be the same. However, if the assets are sufficient to meet their needs, then that is considered fair.

scholarly journals Corporate Prosecution in Criminal Acts of Corruption: Opportunity and Challenge

2019 ◽  
pp. 105-115
Author(s):  
Andi Muhammad Sofyan
Keyword(s):  
Corporate Crime ◽  
National Development ◽  
The State ◽  
Public Prosecutor ◽  
Research Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
The Supreme Court

The corporation as an entity or legal subject whose existence contributes greatly in promoting economic growth and national development. However in reality, it is often for corporations to commit various criminal acts (corporate crime) that have a detrimental impact on the state and people. This research is normative legal research. Legal research which places the law as a normative system. The research approach uses a statutory approach and a conceptual approach. The results showed that the enactment of the Supreme Court Regulation No. 13 Year 2016 was to clarify the guidelines for the Public Prosecutor in prosecuting corporate defendants in corruption criminal acts. The application of sanctions against corporations as perpetrators of corruption is carried out as an effort to recover the losses of the State and the restoration of the state’s economy is an appropriate step considering the essence of criminal punishment in eradicating criminal acts of corruption aimed at recovering state losses or the state’s economy.

scholarly journals Merawat Damai Antar Umat Beragama Melalui Memori Kolektif dan Identitas Kultural Masyarakat Maluku

2020 ◽  
Vol 3 (1) ◽  
pp. 43-54
Author(s):  
Dewi Tika Lestari ◽  
Yohanes Parihala
Keyword(s):  
Social Capital ◽  
Cultural Identity ◽  
Collective Memory ◽  
Field Research ◽  
Research Approach ◽  
Religious Leaders ◽  
Literature Study ◽  
Cultural Experience ◽  
Post Conflict ◽  
Plural Society

This study aims to explain that the process of building and maintaining peace in the context of a plural society can be carried out by reactivating the collective memory and cultural identity of the community. Cultural memory and cultural identity that are based on historical-cultural experience are a social capital that nurtures harmony between communities. Qualitatively this study uses a literature study and field research approach. To explore the concepts of collective memory and cultural identity, author uses the concept from Edwards Shils, Maurice Halbwachs, and Paul Gilbert. The field study was obtained through a process of in-depth interviews with key informants, including religious leaders such as the Pastor and Imam of the Mosque, facilitators and community leaders in Batumerah from two communities, Islam and Christianity. Finally, the authors found that the collective memory of the cultural identity of Maluku people as brother people (orang basudara) is a strong social capital to transform conflict, and maintain peace among post-conflict communities. This can be a theoretical foothold in managing the diversity of peaceful lives as fellow brothers in Indonesia.

scholarly journals Menguak Prasangka Homoseksualitas dalam Kisah Sodom dan Gomora: Kajian Hermenutik Kejadian 19:1-26

2019 ◽  
Vol 4 (1) ◽  
pp. 17
Author(s):  
Silva S. Thesalonika Ngahu
Keyword(s):  
Qualitative Methods ◽  
Public Discourse ◽  
Field Research ◽  
Historical Criticism ◽  
The Public

The issue of homosexuality tends to be avoided in the public discourse in Indonesia. Heteronormative constructions based on religious teachings lead to a negative stigma against homosexuals, producing injustice and discrimination. The story of Sodom and Gomorrah in Genesis 19:1-26 considered as a reference for punishment against homosexuals is used as an excuse to legitimize discrimination and hatred by particular grups of Christians. This study uses historical criticism method in the biblical hermeneutic work and qualitative methods in the field research. The finding show that the story is a criticism of the xenophobic attitude of the inhabitants of Sodom and Gomorrah as well as a way of promoting the importance of the culture of hospitality.

scholarly journals STRATEGI PEMBELAJARAN AL-QURAN PADA LEMBAGA MAJELIS AL-QURRA’ WA AL-HUFFAZ PONDOK PESANTREN AS’ADIYAH SENGKANG KABUPATEN WAJO

2017 ◽  
Vol 6 (2) ◽  
pp. 355
Author(s):  
Wahid Hasyim
Keyword(s):  
Learning Strategy ◽  
Field Research ◽  
Boarding School ◽  
Research Field ◽  
Research Approach ◽  
The Subject ◽  
Three Stages ◽  
Research Questions ◽  
Selection Stage ◽  
Collection Methods

The main problem of this research is how is the learning strategy of Alquran at Al-Qurra 'wa Al-Huffaz boarding school boarding board of As'adiyah Sengkang Wajo Regency? The subject matter is divided into three sub-problems or research questions are: 1) How to describe the strategy of memorating the Qur'an to the institution of Al-Qurra 'wa Al-Huffaz boarding school boarding As'adiyah Sengkang Wajo Regency ?, 2) How the institution's efforts in improving the learning strategy The Qur'an in the institution of Al-Qurra 'wa Al-Huffaz boarding boarding school As'adiyah Sengkang Wajo Regency This type of research is a qualitative research / field research with research approach used is sociological, theological, pedagogical and psychological approach. The source of research data obtained directly muhafizd, santri and alumni. Further data collection methods used are interview observation, and documentation and tracing of various literature or references. Then the technique of processing and data analysis is done through three stages, namely data reduction, presentation, and conclusion. The results of this research indicate that: 1) the strategy of memorizing the Qur'an in the institution of Al-Qurra 'wa Al-Huffaz boarding boarding school As'adiyah Sengkang Wajo District covers the selection stage, fostering tajwid, standardization of memorization of Qur'an, the pattern of rote settings and maddarasa system fatappulo seddi continuously and stage mappanre temme 2) efforts made by the institution in improving the strategy of memorizing the Qur'an to the institution of Al-Qurra 'wa Al-Huffaz boarding boarding school As'adiyah Sengkang Wajo District includes strengthening of discipline, fostering recitations and fasahah, , gradually building dormitories, holding regular hifdzil qur'an contests as well as the wisdom of pesantren to join the hafizd who have already attended the equation test. The implication of this research is that it is hoped that this research can become one of the academic contribution for all people who want to learn the pattern of strategy of Quranic memorizing effectively and efficiently both in terms of curriculum of tahfidz institution, personal, and for massive dissemination.

scholarly journals LEGAL PROTECTION FOR CHILDREN AS A VICTIM OF SEXUAL VIOLENCE: ANALYSIS OF THE DECISION OF THE COURT OF SEXUAL VIOLENCE ON CHILDREN UNDER THE AGE OF 2006-2015

2020 ◽  
pp. 1-32
Author(s):  
Siswantari Pratiwi
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Legal Protection ◽  
Parental Supervision ◽  
Research Approach ◽  
Child Victims ◽  
The Public ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Law Enforcement Officials

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.

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