scholarly journals HAK ASUH ANAK AKIBAT CERAI GUGAT DALAM PERKARA NOMOR 0915/Pdft.G/2017/PA.Bgr

2020 ◽  
Vol 1 (1) ◽  
pp. 15-26
Author(s):  
A Arnengsih ◽  
Ramdani Wahyu Sururie
Keyword(s):  
Law Enforcement ◽  
Child Custody ◽  
Court Ruling ◽  
Legal Basis ◽  
Good Mother ◽  
Legal Construction ◽  
Legal Discovery ◽  
Rule Out

ABSTRACT This research is motivated by the existence of an Application for Divorce Claims in Bogor Religious Court ruling as an Applicant filing for Claims Divorce and Child Custody. The Plaintiff as a mother filed a lawsuit to the Bogor Religious Court so that Child Custody fell on the Plaintiff. But the Defendant as the father is suing back, that the child custody holder is his father because his mother does not reflect as a good mother. Then the Board of Judges of the Bogor Religious Court rejected the Plaintiff's claim and granted the Defendant's claim to establish custody of the child at the Defendant until the child is 14 years old provided that the plaintiff is given access to meet the child. This study aims to determine the legal basis of the Panel of Judges, the method of finding the Panel of Judges in child custody cases. The results of this study are: 1. The consideration of the panel of judges granted the Defendant's lawsuit because he saw from the facts in the trial and based on the evidence submitted by the parties and looked at the benefit of the child. 2. Judges use the method of legal construction in legal discovery, namely the method of law enforcement (rechtsvervjnings). In this method, the judge can rule out articles that are deemed incompatible with the facts at this time.  

scholarly journals HAK ASUH ANAK AKIBAT CERAI GUGAT DALAM PERKARA NOMOR 0915/Pdft.G/2017/PA.Bgr

2020 ◽  
Vol 1 (2) ◽  
pp. 123-134
Author(s):  
A Arnengsih ◽  
Mohamad Sar’an
Keyword(s):  
Law Enforcement ◽  
Child Custody ◽  
Court Ruling ◽  
Legal Basis ◽  
Good Mother ◽  
Legal Construction ◽  
Legal Discovery ◽  
Rule Out

This research is motivated by the existence of an Application for Divorce Claims in Bogor Religious Court ruling as an Applicant filing for Claims Divorce and Child Custody. The Plaintiff as a mother filed a lawsuit to the Bogor Religious Court so that Child Custody fell on the Plaintiff. But the Defendant as the father is suing back, that the child custody holder is his father because his mother does not reflect as a good mother. Then the Board of Judges of the Bogor Religious Court rejected the Plaintiff's claim and granted the Defendant's claim to establish custody of the child at the Defendant until the child is 14 years old provided that the plaintiff is given access to meet the child. This study aims to determine the legal basis of the Panel of Judges, the method of finding the Panel of Judges in child custody cases. The results of this study are: 1. The consideration of the panel of judges granted the Defendant's lawsuit because he saw from the facts in the trial and based on the evidence submitted by the parties and looked at the benefit of the child. 2. Judges use the method of legal construction in legal discovery, namely the method of law enforcement (rechtsvervjnings). In this method, the judge can rule out articles that are deemed incompatible with the facts at this time.Penelitian ini dilatar belakangi adanya Permohonan Cerai Gugat putusan PA Bogor sebagai Pemohon mengajukan Cerai Gugat dan Hak Asuh Anak. Penggugat sebagai ibu mengajukan gugatan ke PA Bogor agar Hak Asuh Anak. Namun Tergugat sebagai ayah melakukan gugatan balik terhadap pemegang hak asuh anak, dikarenakan ibunya bukan merupakan ibu yang baik dan tidak mencerminkan cara hidup seorang ibu yang baik. Kemudian Majelis Hakim Pengadilan Agama Bogor menolak gugatan Penggugat dan mengabulkan gugatan Tergugat menetapkan hak asuh anak berada pada Tergugat hingga anak tersebut berusia 14 tahun dengan ketentuan penggugat diberi akses bisa bertemu dengan anak. Penelitian ini bertujuan untuk mengetahui landasan hukum Majelis Hakim, Metode penemuan Majelis Hakim dalam perkara hak asuh anak. Hasil penelitian ini adalah menunjukan bahwa pertama, Pertimbangan majelis hakim mengabulkan gugatan Tergugat karena melihat dari fakta yang ada di persidangan dan berlandaskan pada pembuktian yang diajukan oleh para pihak dan melihat kepada kemaslahatan anak. Kedua Hakim menggunakan metode konstruksi hukum dalam penemuan hukumnya, yaitu metode pengkongkretan hukum (rechtsvervjnings). Dalam metode ini, hakim dapat menyampingkan pasal yang sudah dianggap tidak sesuai dengan fakta pada saat ini.

OPERATIVE-SEARCH MONITORING THE INTERNET AS AN ELEMENT OF COUNTERING CRIMES OF EXTREMIST DIRECTION

2020 ◽  
pp. 235-241
Author(s):  
Aleksey V. Kutuzov
Keyword(s):  
Law Enforcement ◽  
Relevant Information ◽  
Theoretical Development ◽  
The Internet ◽  
Legal Basis ◽  
Main Attention ◽  
Legal Norms ◽  
A Priority ◽  
Use Of Internet ◽  
Source Of Information

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1-23
Author(s):  
Zakiyatul Ulya
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Basis ◽  
Inheritance Law

Tradition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book.

Part I EU Competition Law Private Enforcement and the Antitrust Damages Directive, 2 Promotion and Harmonization of Antitrust Damages Claims by Directive 2014/104/EU?

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Competition Law ◽  
Private Enforcement ◽  
Eu Law ◽  
Legal Basis ◽  
Member States ◽  
Competition Law Enforcement ◽  
Eu Competition Law

This chapter explains the contents and goals of the Antitrust Damages Directive (Directive 2014/104/EU), the corollary of the EU’s policy towards the promotion and facilitation of private enforcement of competition law. It first traces the evolution in EU competition law enforcement and policy that led to the adoption of the Directive before considering the goals of the Directive in more detail, namely to provide rules for the effective compensation of victims of antitrust infringements and to harmonize some rules concerning damages claims. It then examines the Directive’s legal basis under EU Law as well as substantive provisions, including those relating to compensatory principles, quantification of harm, and consensual dispute resolution. The chapter goes on to highlight neglected issues, limitations, and inherent biases regarding the scope and nature of the Directive’s rules and concludes with an analysis of issues arising from implementation of the Directive in Member States.

scholarly journals Motor vehicle lease agreement with fiduciary warranty

2018 ◽  
Vol 52 ◽  
pp. 00003
Author(s):  
Agustining ◽  
Ningrum Natasya Sirait
Keyword(s):  
Law Enforcement ◽  
Financial Services ◽  
Motor Vehicle ◽  
Motor Vehicles ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Provisions ◽  
Loan Financing ◽  
Ministry Of Finance ◽  
Lease Agreement

Purchasing motor vehicles with instalment (credit) is currently becoming favourite choice by many people including people who live in plantation and agriculture area. There are several reasons, such as easy pre-requirements, low down payment and saving time. The financing institutions that generally deal with motor vehicle credit are financing companies and banks. Although, they are different in their operational legal basis, in practice, financing company and bank fall under the category of fiduciary warranty agreements. This study focus on the potential fraud on law in financing of capital goods. This study used the normative and empirical legal research methods. In the end of the study, it found that it used loan financing with fiduciary guarantee not a lease agreement. As a consequence, the use of fiduciary warranty by financing company in a lease does not accord with the law and considered to be illegal. Last but not least the study found that Ministry of Finance and the Financial Services Authority (Otoritas Jasa Keuangan/OJK) as supervisory agencies financing business must to ensure law enforcement, certainty and effective oversight. OJK should provides sanctions for financing companies which do not comply in accordance with the legal provisions.

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