scholarly journals Eksistensi Tri Hita Karana dalam Pembentukan Peraturan Hukum di Bali (Prespektif Filsafat Ilmu)

2020 ◽  
Vol 9 (1) ◽  
pp. 132
Author(s):  
Herpin Hadat
Keyword(s):  
Philosophy Of Science ◽  
Clear Picture ◽  
Positive Law ◽  
Research Activities ◽  
Legal Problems ◽  
The Law ◽  
Legal Concepts ◽  
Laws And Regulations

The existence of positive law in force in the province of Bali is influenced by the philosophy of Tri Hita Karana. This can occur because of the alignment between the values ??of life contained in Balinese society with various forms of rules that apply in general. Based on this background, it is then examined in connection with the existence of the tri hita karana philosophy as a guideline when establishing regulations and laws in the Province of Bali, which are reviewed from the perspective of the philosophy of science. This study aims to determine the existence and nature of the philosophy of tri hita karana as a guideline for establishing rules and laws in the Province of Bali both ontologically, epistemologically and axiologically. The implementation of research activities is carried out with a normative legal approach through the analysis of several legal concepts derived from various laws and regulations. From the results of the study, obtained information that there is the existence of the philosophy of tri hita karana in setting regulations and laws in the province of Bali in terms of the perspective of the philosophy of science provides a clear picture that the nature of the law born from the needs and feelings of the community in the local or customary scope can give a very big influence on the formation and validity of positive law itself to answer the legal problems faced by the community in their lives. Keberadaan dari hukum positif yang berlaku di provinsi Bali pada dasarnya dipengaruhi oleh falsafah Tri Hita Karana. Hal tersebut dapat terjadi karena adanya penyelarasan antara nilai kehidupan yang terdapat dalam masyarakat Bali dengan berbagai bentuk aturan yang berlaku secara umum. Berdasarkan latar belakang tersebut kemudian dikaji terkait eksistensi falsafah tri hita karana sebagai pedoman saat menetapkan peraturan dan undang-undang di Provinsi Bali yang ditinjuau dari prespektif filsafat ilmu. Penelitian ini bertujuan untuk mengetahui eksistensi dan hakekat falsafah tri hita karana sebagai pedoman menetapkan peraturan dan undang-undang di Provinsi Bali baik secara ontologi, epistemologi dan aksiologi. Pada pelaksanaan kegiatan dari penelitian dilakukan dengan pendekatan hukum yang bersifat normatif melalui kegiatan analisis kepada beberapa konsep hukum yang berasal dari berbagai aturan mengenai perundang-undangan. Dari hasil penelitian, didapatkan informasi bahwa terdapat adanya eksistensi falsafah tri hita karana dalam menetapkan peraturan dan undang-undang di provinsi Bali ditinjau dari prespektif filsafat ilmu memberikan gambaran yang jelas bahwa pada hakekatnya hukum yang lahir dari kebutuhan dan perasaan masyarakat dalam lingkup lokal atau adat dapat memberikan pengaruh yang sangat besar kepada pembentukan dan keberlakuan hukum positif itu sendiri guna menjawab permasalahan hukum yang dihadapi masyarakat dalam kehidupannya.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals Analisis Hukum terhadap Anak yang Sudah Kawin sebagai Subyek yang Berhadapan dengan Hukum (Studi Kasus Putusan Pengadilan Negeri Sampit Nomor: 03/Pid.Sus Anak/2015/PN.Spt)

2020 ◽  
Vol 1 (3) ◽  
pp. 232-240
Author(s):  
Nanang Ibrahim Soleh ◽  
Heriamariaty ◽  
Thea Farina ◽  
Nor Asriadi
Keyword(s):  
Court Decision ◽  
District Court ◽  
Married Child ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Point Of Departure ◽  
Laws And Regulations

Children are gifts and entrusted from God who are given talents and dignity as a whole creature. During their lifetime, children sometimes face legal problems such as narcotics abuse. This becomes complicated while the child has been married and being a subject against the law. The determination the age limit for children is still a debate because sev-eral laws and regulations provide different figures. This is, indeed, a crucial matter because it will affect legal conse-quence to the children, especially for those who deal with narcotics crime. Based on this point of departure, the authors examine Sampit District Court Decision Number: 03/Pid.SusAnak/2015/PN.Spt regarding narcotics abuse by a married child.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

scholarly journals Minority Shareholders’ Legal Protection in a Limited Liability Company System

2021 ◽  
Vol 14 (11) ◽  
pp. 1606-1612
Author(s):  
I Gde Sukarmo ◽  
◽  
Hayyanul Haq ◽  
Zainal Asikin ◽  
Salim HS
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Shareholder Protection ◽  
The Law ◽  
Legal Concepts ◽  
Laws And Regulations

The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness

scholarly journals FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW

2020 ◽  
Vol 12 (1) ◽  
pp. 93-106
Author(s):  
Imam Hafas
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Focal Point ◽  
Descriptive Analysis ◽  
The Public ◽  
Positive Law ◽  
The World ◽  
The Law ◽  
Research Types ◽  
Laws And Regulations

The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.

scholarly journals The urgence of the code of conduct of the professional advocate in Indonesia

2022 ◽  
Vol 27 ◽  
pp. 368-373
Author(s):  
Citra Alambara ◽  
Made Warka ◽  
Slamet Suhartono
Keyword(s):  
Decision Making ◽  
Ethical Behavior ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Legal Research ◽  
Professional Code ◽  
Positive Law ◽  
Legal Problems ◽  
Moral Ethics ◽  
The Law

This research is a normative legal research, namely research that focuses on the study or study of positive law. The Advocate profession is related to the task of serving the community to help solve the legal problems it faces.  In carrying out their duties, advocates are guided by the Law on Advocates, but the norms of the law are considered insufficient, because the advocate profession is related to behavior that is not infrequently influenced by the moral ethics of advocates in every decision making. For this reason, in carrying out their duties, they still need an ethical guide as a guide in carrying out their professional duties. In this regard, the Advocate Professional Code of Ethics is very much needed in guiding the behavior of Advocates in making decisions and ethical behavior.

scholarly journals Emancipatory Of Legal Transendency In Indonesia: Study Of Moral Aspects In The Making Of Laws And Regulations In Indonesia

2019 ◽  
Vol 1 (2) ◽  
pp. 124-146
Author(s):  
Triwahyuningsih Triwahyuningsih
Keyword(s):  
Human Life ◽  
Moral Values ◽  
Legal Positivism ◽  
Philosophical Approach ◽  
Moral Principles ◽  
Positive Law ◽  
The Law ◽  
The Relationship ◽  
Laws And Regulations ◽  
John Austin

ABSTRACT Objectives: This paper aims to answer the question of how the relationship between law and moralism, as well as how to internalize moral principles in making laws and regulations in Indonesia. Methodology: This study used a philosophical approach that aimed to explore the relationship between law and morals from the perspective of John Austin, Kelsen, and H. L. A Hart. It also used the transcendental perspectives in exploring the importance of internalizing moral principles in making laws and regulations in Indonesia. The research method in the article used descriptive normative research methods, with interpretative data processing techniques regarding the importance of moral aspects in making laws and regulations in Indonesia. Findings: The dominance of the philosophy of positivism has broad implications. The closure of the law to morality raised by adherents of legalism, legal positivism, or reinerechtslehre does not only raise injustice everywhere but also appear with a face of totalitarian or repressive law. Law and moral relations, according to John Austin (1790-1859), are diametrically separated and tend to favor the law (the law negates morals), while Hans Kelsen and Austin place religious and moral inferiority while favoring positive law. According to Kelsen, the law deals with the form (formal), not the content (material); then, Hart tries to offer the principle of morality as a minimum legal requirement in which the pattern of the relationship is cooperative or independent dialogue. Whereas in the transcendent perspective, law and morals are in a dialogue-integrative relationship. The legislators should have spiritual intelligence; that is, they do not want to be bound and limited by existing standards but want to go beyond and transcend the existing situations (transcendental).  With spirituality, the legislators, who are in accordance with the principle, can produce laws that show the emancipatory of legal transcendency. The laws do not only humanize humans but are also oriented to moral values that originate from God. Benefit: The benefit of this paper is to be the basis for guarding moral values in making the Law, starting from the preparation and initiative for the submission of the draft law, discussion of the draft law, and approval of the draft law. Originality/novelty: Internalization of moral principles in law can produce laws that can make people happy and answer the problems of human life. At least three elements are fulfilled, namely justice, efficacy, and legal certainty. Keywords: transcendency, morals, the formation of laws

scholarly journals KAJIAN YURIDIS PERWAQAFAN TANAH DAN KEABSAHAN PERTUKARANNYA

2018 ◽  
Vol 7 (2) ◽  
Author(s):  
ARIFIN ABDULLAH .MH
Keyword(s):  
Islamic Law ◽  
Library Material ◽  
Normative Approach ◽  
Positive Law ◽  
The Law ◽  
Laws And Regulations

The application of waqf originally rated to immovable things or properties The properties donation and the corporate to be waqf of land (donation for religious or community use) which will become public properties should be based on the Islamic law in accordance with The Quran in al-Baqarah letter from 215 verse, the land which has been waqf should be correspondent to the waqf land declare. In article 3 of law number 41 of 2004 regarding the waqf land in states “the waqf of land which has been officially declared in Islamic way cannot be cancelled”, and cannot be changed if the wakif declare it for a certain use. However, the exchange use of the waqf property is not based on the traditional regulation. The objective of this research is to find out explain the implementation of waqf of land based on the prevailing laws, to explain the waqf of land for certain use which can and cannot be changed with other object, and to explain the law about the waqf of land which can be changed. The method used in this research is a normative and sociologic juridicial method in which the writer should study laws and regulations which are relevant to the research, the normative approach is the study of library material including primary, secondary and tertiary materials. The sociologic juridicial opproach is used to study the positive law.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

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