Perkawinan Beda Agama Ditinjau dari Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 297
Author(s):  
Mardalena Hanifah
Keyword(s):  
Government Regulation ◽  
Interfaith Marriage ◽  
Men And Women ◽  
Civil Registration ◽  
Close Relationship ◽  
The Law ◽  
The One ◽  
Happy Family ◽  
The Relationship ◽  
Legal Marriage

<p><em><span lang="EN-US">The principle of marriage is a contract to justify the relationship between men and women, which between the two is not mahram. Viewed from a legal standpoint, marriage is a sacred and noble contract between men and women which is the legitimate status of husband and wife and is condemned to sexual relations with the aim of reaching a sakinah, full of love and virtue family. This article uses normative juridical research. Regarding legal marriage according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, each marriage is recorded according to the applicable laws and regulations. Besides that, it is associated with Article 2 paragraph (2) Government Regulation Number 9 of 1975 concerning the Implementation Regulation of Law Number 1 Year 1974 concerning Marriage which states that the registration of their marriages which according to their religion and belief except the religion of Islam, carried out by the Official Registration Officer Civil Registration and Population as referred to various legislation concerning the registration of marriages. Interfaith marriage is a violation of Law Number 1 of 1974. This can be seen in Article 1, Article 2 Paragraph (1) jo Article 8f of Law Number 1 of 1974 concerning Marriage. In the explanation of Article 1 mentioned: "As a country based on Pancasila, where the first principle is the One Godhead, then marriage has a very close relationship with religion / spirituality, so marriage not only has an element of birth / physical, but an inner / spiritual element also has an important role. Forming a happy family which is the purpose of marriage, maintenance and education is the rights and obligations of parents. Then Article 2 Paragraph (1) jo Article 8f explains that marriage is legal, if it is carried out according to the law of each religion and its beliefs, then there is no marriage outside the law of each religion and that belief.</span></em></p>

Dreams of Truck Drivers: A Test of the Continuity Hypothesis of Dreaming

2005 ◽  
Vol 25 (2) ◽  
pp. 179-186 ◽  
Author(s):  
Michael Schredl ◽  
Arthur Funkhouser ◽  
Nicole Arn
Keyword(s):  
Empirical Studies ◽  
Truck Drivers ◽  
The Other ◽  
Continuity Hypothesis ◽  
Future Studies ◽  
Daytime Activity ◽  
Close Relationship ◽  
The One ◽  
Dream Emotions ◽  
The Relationship

Empirical studies largely support the continuity hypothesis of dreaming. The present study investigated the frequency and emotional tone of dreams of truck drivers. On the one hand, the findings of the present study partly support the continuity regarding the time spent with driving/being in the truck and driving dreams and, on the other hand, a close relationship was found between daytime mood (feelings of stress, job satisfaction) and dream emotions, i.e., different dream characteristics were affected by different aspects of daytime activity. The results, thus, indicate that it is necessary to define very clearly how this continuity is to be conceptualized. The approach of formulating a mathematical model (cf. [1]) should be adopted in future studies in order to specify the factors and their magnitude in the relationship between waking and dreaming.

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

scholarly journals Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 467-491 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Decision Making ◽  
Assisted Suicide ◽  
The Other ◽  
Common View ◽  
Legal Position ◽  
The Law ◽  
The One ◽  
End Of Life Decision ◽  
The Relationship ◽  
Life Decision

The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. A clarification of the relationship between causation and omissions is provided which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This paves the way for a clarification, in conclusion, of important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures, on the one hand, and assisted suicide and euthanasia, on the other.

Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 9 Maritime Arbitration in London: Publication of Awards, Appeals, and the Development of English Commercial Law

2016 ◽  
Author(s):  
Gaunt Ian
Keyword(s):  
Professional Knowledge ◽  
The Other ◽  
Commercial Law ◽  
Men And Women ◽  
Distinctive Features ◽  
Commercial Practice ◽  
Other Hand ◽  
English Law ◽  
The Law ◽  
The One

This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.

scholarly journals Risk before Justice: When the Law Contests Its Own Suspension

2008 ◽  
Vol 21 (4) ◽  
pp. 847-861 ◽  
Author(s):  
LOUISE AMOORE
Keyword(s):  
Risk Management ◽  
War On Terror ◽  
Security Practices ◽  
Risk Practices ◽  
The Law ◽  
Uncertain Future ◽  
The One ◽  
The Relationship

AbstractContemporary security practices pose a particular paradox in the relationship between law and norm. On the one hand, the institution of risk practices in advance of, and in place of, juridical decisions appears to have become the technical resolution of choice to the politics of targeted security in the ‘war on terror’. The risk calculus makes possible an array of interventions – from detention, deportation, or ‘secondary’ security to asset freezing and ‘blacklisting’ – that operate in place of, and in advance of, the legal thresholds of evidence and decision. And yet, this article demonstrates, it is not the case that law recedes as risk advances, but rather that law potentially both authorizes and contests specific modes of risk management. As risk practices in the war on terror operate on and through a distinctive and novel terrain of the uncertain future, the capacity of juridical intervention to contest the exposure of people to dehumanizing technologies itself faces new potentials and limits.

scholarly journals PENCATATAN PERKAWINAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 4 (01) ◽  
pp. 46-73
Author(s):  
Hafidhul Umami
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Modern Times ◽  
Early Islam ◽  
Ordinary Bond ◽  
Ancient Times ◽  
The Law ◽  
The Relationship

Marriage is a very sacred thing considering that it can legalize the relationship between a man and a woman, but many parties consider marriage to be an ordinary bond as evidenced by rampant prostitution wrapped in abusive marriages or contract marriage. It is important to overcome such things by passing the Marriage Law number 1 of 1974 concerning marriage, one of which is related to marriage registration. Islamic law does not explicitly discuss marriage registration, considering that in early Islam (ancient times) there was not much prostitution engineering in the name of marriage, in modern times there has been a lot of such prostitution to anticipate the emergence of the law on marriage registration. Marriage registration which is a government regulation does not violate the provisions in Islamic law and even supports Islamic law. Because this can bring maslahah and reject madlarat. This is in accordance with the principles of Islamic law, namely paying attention to the benefit of humans.

scholarly journals THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

2020 ◽  
Vol 9 (2) ◽  
pp. 162-171
Author(s):  
Sandra Megayanti ◽  
Candra Irawan ◽  
Emelia Kontesa
Keyword(s):  
Government Regulation ◽  
Retail Industry ◽  
Traditional Markets ◽  
Trade Law ◽  
Positive Law ◽  
The People ◽  
Unfair Competition Law ◽  
The Law ◽  
The One ◽  
Medium Businesses

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

Equality of rights and obligations as the main element of the concept of the principle of equality of convicted persons before the law in the criminal-executive law of the Russian Federation

2019 ◽  
pp. 62-68
Author(s):  
Николай Сергеевич Ковалев
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
The State ◽  
Main Element ◽  
Equal Rights ◽  
Scientific Methods ◽  
General Scientific ◽  
The Law ◽  
The One ◽  
The Relationship

Объектом представленного в статье исследования являются общественные правоотношения в области уголовно-исполнительного законодательства, которые заключаются в реализации равных прав и обязанностей, а также в их защите государством. Предметом выступают нормы уголовно-исполнительного права, регламентирующие взаимоотношения субъектов правоотношений по поводу исполнения и отбывания всех видов уголовных наказаний, одним из которых выступает осужденный в качестве лица со специальным правовым статусом. В качестве методологической основы познания в работе были использованы общенаучные методы - анализ, сравнение, дедукция, индукция, и частнонаучные - формально-юридический и метод анализа. Принцип равенства осужденных перед законом предусматривает равные права и обязанности осужденных в уголовно-исполнительным праве, а также единую возможность для реализации этих права и исполнения возложенных законом обязанностей. При этом гарантии их соблюдения, а равно и защита, устанавливаются государством. The object of this study is public relations in the field of criminal-executive legislation, which consist in the implementation of equal rights and duties, as well as in their protection by the state, which is one of the most pressing issues. The subject of the research is the norms of criminal-executive law governing the relationship between the subjects of legal relations regarding the execution and serving of all types of criminal penalties, which the convicted person, on the one hand, acts as a person with special legal status. As a methodological basis of knowledge, general scientific methods were used in the work: analysis, comparison, deduction, induction and private science: formal-legal and method of analysis. The principle of equality of convicted persons before the law provides for equal rights and obligations of convicted persons in criminal-executive law, as well as a single opportunity for the exercise of these rights and the fulfillment of obligations imposed by law. At the same time, guarantees of their observance, as well as protection, are established by the state.

Model ShurūṬ Works and the Dialectic of Doctrine and Practice

1995 ◽  
Vol 2 (2) ◽  
pp. 109-134 ◽  
Author(s):  
Wael Hallaq
Keyword(s):  
Conventional Wisdom ◽  
Legal Doctrine ◽  
Complex Processes ◽  
Judicial Practice ◽  
Selection Processes ◽  
The World ◽  
Close Relationship ◽  
One Step ◽  
The Law ◽  
The Relationship

AbstractThe relationship between documents emanating from the world of judicial practice and model formulae recorded in juristic manuals has been viewed differentially by modern scholars. Whereas Joseph Schacht posited the existence of a close relationship between the the realia of judicial practice and juristic manuals, others did not. Going one step beyond Schacht, I argue that the relationship between model ShurūṬ and documents originating in practice was dialectical, involving complex processes of editing, interpolation and selection, processes that functioned — almost imperceptibly — within the conventional legal dynamics of the madhhab. If this view is accepted, it follows that the conventional wisdom regarding a gap between Islamic legal doctrine and judicial practice is untenable, at least in the areas of the law covered by ShurūṬ manuals.

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