scholarly journals THE LEGAL EDUCATION ON PREVENTING EARLY MARRIAGE AS AN EFFORT TO INCREASE COMMUNITY LEGAL AWARENESS

2021 ◽  
Vol 1 (2) ◽  
pp. 103
Author(s):  
Widayati Widayati ◽  
Sri Kusriyah ◽  
Winanto Winanto ◽  
Rizky Dindah Saputri
Keyword(s):  
The State ◽  
Early Marriage ◽  
Economic Factors ◽  
Marriage Law ◽  
The Public ◽  
Children And Parents ◽  
The Right ◽  
A Minor ◽  
Age Of Marriage ◽  
Legal Marriage

The state guarantees the right of everyone to form a family and continue their offspring through legal marriage, and the state also guarantees the right of children to survive, grow and develop as well as the right to protection from violence and discrimination. The Marriage Law requires the age of marriage to be 19 years. However, the marriage law does not explicitly prohibit the practice of early marriage, because the marriage law also provides dispensation facilities if the prospective bride or groom is still a minor. This causes many people to carry out underage marriages or early marriages, including in Bulusari Village, Bulakamba District, Brebes Regency. The reasons are due to pregnancy out of wedlock, economic factors, and cultural factors. The solutions offered are providing understanding to the public about marriage, increasing public legal awareness about the risks of early marriage, both social and health risks, and providing assistance to children and parents who undergo early marriage.

scholarly journals Revisiting the New Indonesia’s Marriage Act 2019: will it be effective to prevent adolescent marriage

2020 ◽  
Vol 1 (1) ◽  
pp. 3
Author(s):  
Dyah Anantalia Widyastari
Keyword(s):  
Early Marriage ◽  
Economic Factors ◽  
Marriage Law ◽  
Early Childbearing ◽  
History Of ◽  
Age Of Marriage

Indonesia has a long history of adolescent marriage and early childbearing. The religious, sociocultural and economic factors have been pointed out as the major drivers of early marriage while the 1974 Marriage Law was considered ‘weak’ in preventing the event. As the house of representative has passed the new bill in increasing the minimum legal age of marriage for female from 16 to 19 years old in 2019, a question posed whether the enactment of the new marriage law will be effective in preventing adolescent marriage in Indonesia.

scholarly journals An audience with … the public, the representative, the sovereign

2017 ◽  
Vol 28 (1) ◽  
pp. 5-21
Author(s):  
Niccolo Milanese
Keyword(s):  
Common Law ◽  
Affective Learning ◽  
The State ◽  
The Public ◽  
Political Resource ◽  
The Right ◽  
Ways Of Being ◽  
The Way

The right of audience, in common law, is the right of a lawyer to represent a client in a court. Royalty, the Pope and some Presidents grant audiences. What does the power to grant an audience consist in? And what does it mean to demand an audience (with)? Through a reading of the way in which the vocabulary of theatre, acting and audience is involved in the generation of a theory of state by Hobbes and Rousseau, this paper looks to reopen these questions as a political resource for us to re-imagine and refigure our ways of being together. Through readings of Hobbes and Rousseau, it looks at the ways in which the performance of politics creates the public, the representative and the sovereign and the ways these figures interact. It proposes an alternative role for theatre as places of affective learning and a civic ethics of playfulness, in which the auto-institution of the state as an imagined collectivity is fully assumed.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN YANG DILAKUKAN SECARA BERSAMA-SAMA (Analisis Putusan Nomor 143/Pid.B/2015/PN.Dmk)

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Chairunisa Chairunisa ◽  
Alfitra Alfitra ◽  
Mara Sutan Rambe
Keyword(s):  
Criminal Code ◽  
Public Prosecutor ◽  
Economic Factors ◽  
The Public ◽  
The Family ◽  
The Right ◽  
The Impact

Permasalahan utama dalam penelitian ini adalah ketidaktepatan penjatuhan pidana oleh Hakim kepada pelaku dalam kasus pencurian dengan pemberatan pada Putusan Nomor 143/Pid.B/2015/PN.Dmk. Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor yang melatarbelakangi terjadinya pencurian dengan pemberatan dan pertimbangan Hakim dalam menjatuhkan pidana terhadap pelaku dalam Putusan Nomor 143/Pid.B/2015/PN.Dmk. Hasil penelitian ini menunjukkan bahwa faktor yang melatarbelakangi terjadinya tindak pidana pencurian dengan pemberatan dalam putusan Nomor 143/Pid.B/2015/PN.Dmk oleh AD sebagai pelaku turut serta melakukan pencurian dengan pemberatan yaitu disebabkan oleh faktor ekonomi karena ia merupakan tulang punggung keluarga dan harus memenuhi kebutuhan hidup baik untuk dirinya maupun keluarganya. Kemudian, oleh karena semua unsur dalam dakwaan primair telah terpenuhi, Hakim menjatuhkan pidana kepada pelaku dengan dakwaan kesatu yaitu pelaku melanggar Pasal 363 Ayat (1) Ke-3, Ke-4, dan Ke-5 KUHP. Hakim sudah tepat mengambil keputusan yaitu mengadili pelaku dengan tindak pidana pencurian dalam keadaan memberatkan akan tetapi hukuman yang dijatuhkan oleh Hakim sangatlah minim dan lebih rendah dari apa yang dituntut oleh Jaksa Penuntut Umum karena pelaku sebelum melakukan tindak pidana pencurian dengan pemberatan baru saja keluar dari Lembaga Pemasyarakatan (Lapas) dengan kasus Penggelapan dalam Putusan Nomor 133/Pid.B/2014/PN.Pti dan sudah pernah dihukum. Maka dari itu, hukuman yang diberikan kepada pelaku tidaklah sebanding dengan apa yang dilakukannya dan sebaiknya Hakim juga mempertimbangkan dampak dan kerugian yang ditimbulkan bagi korban akibat perbuatan pelaku.AbstractThe main problem in this research is the inaccuracy of the sentence handed down by the judge to the perpetrator of the robbery case weighing Decision Number 143/Pid.B/ 2015/PN.Dmk. This study aims to see and analyze the factors underlying the weighted actions and judges' considerations in imposing crimes against the perpetrators of Decision Number 143/Pid.B/2015/PN.Dmk. The results showed that the factors behind the occurrence of criminal acts of theft with weighting in the decision Number 143/Pid.B/2015/PN.Dmk by AD as the perpetrator participated in committing theft with weight, namely due to economic factors because he was the backbone of the family and had to meet the necessities of life both for himself and his family. Then, because all the elements in the primair indictment had been fulfilled, the Judge sentenced the perpetrator to the first charge, namely the perpetrator violating Article 363 Paragraph (1) 3rd, 4th, and 5th of the Criminal Code. The judge has made the right decision, namely trying the perpetrator with a criminal act of theft in burdensome circumstances, but the sentence handed down by the Judge is very minimal and lower than what is demanded by the Public Prosecutor because the perpetrator before committing the crime of theft with weight has just left the Penitentiary (Lapas) with embezzlement cases in Decision Number 133/Pid.B/2014/PN.Pti and have already been convicted. Therefore, the sentence given to the perpetrator is not proportional to what he has done and the judge should also consider the impact and harm caused to the victim as a result of the perpetrator's actions.

scholarly journals CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 358-393
Author(s):  
Bruno Irion Coletto ◽  
Pedro Da Silva Moreira
Keyword(s):  
Public Policy ◽  
Public Policies ◽  
Public Debate ◽  
The State ◽  
Fundamental Rights ◽  
Scarce Resources ◽  
The Public ◽  
Critical Understanding ◽  
The Right ◽  
The Way

The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts regarding healthcare, but also to criticize it. The conclusion is that a “strong” conception of constitutionalism and fundamental rights may revel itself as “weak,” from the standpoint of general equality. Judicialization ends up empting the public debate, leading the task of solving the distribution of scarce resources to a “gowned aristocracy.” 

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

Health Care System Structure in the State of Israel

2019 ◽  
Vol 88 (1) ◽  
pp. 39-46
Author(s):  
Mohammad Yasser Sabbah
Keyword(s):  
Health Care ◽  
Medical Treatment ◽  
Health System ◽  
Health Care System ◽  
The State ◽  
The Public ◽  
The Right ◽  
To Receive ◽  
State Of Israel ◽  
Care System

The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law provides and guarantees medical insurance for every resident of Israel, the right to receive medical treatment, the prohibition of discrimination, informed consent to medical treatment, the right to receive an additional medical opinion, the dignity and privacy of the patient and the right to attend. Health funds in Israel were established before the State of Israel was established. The ideological concept of the health funds was based on the principle of equality and mutual assistance.

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

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