scholarly journals STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Sulaiman Sulaiman
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Sociological Approach ◽  
Rights Of The Child ◽  
The Right

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.

scholarly journals The Implementation For The Seeker Confidence After The Enactment Of The Constitutional Court Decision No. 97/Puu-Xiv / 2016 Concerning Population Administration In Rembang District

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 367
Author(s):  
Denni Saputra ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Competent Authority ◽  
Secondary Data ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Constitutional Court ◽  
Implementation Barriers ◽  
Analysis Technique ◽  
Data Collection Technique

Problems of this research is how the implementation for the seeker of confidence after the enactment of the Constitutional Court decision No. 97 / PUU-XIV / 2016 concerning Population Administration; how the implementation of the marriage for the seeker of trust; how the solution implementation barriers for seeker confidence of marital trust; how the notary authority in making authentic act for marriage seeker of confidence. The method used in this research is empirical juridical approach derived from data obtained from the collection of primary data and secondary data, and then analysed by qualitative descriptive analysis method. The data collection technique used was the study of literature (laws, and books about this research) and field studies (interviews with respondents who made sources). Data analysis technique using qualitative data analysis.Based on the findings of researchers showed that appear false assumption of the seeker of the belief that the implementation of the marriage for the seeker of trust cannot be empowered by law, cannot be served their implementation by the competent authority; The absence of laws that specifically regulate: the Marriage of the seeker, recognition that the seeker of trust including one of the official religion; providing solutions to create and revise laws pertaining to the seeker of such beliefs in terms of recognition as a religion and the administration of residence; Notary involves authority until now could not be done on the implementation of the marriage for the seeker of Faith, a notary has no authority in making authentic act, in the absence of legislation governing it. But it can be circumvented by issuing a certificate in Partij deed.Keywords: Marriage; Seeker Confidence; Population Administration.

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

2020 ◽  
Vol 2 (4) ◽  
pp. 579
Author(s):  
Dudu Wawan Setiawan ◽  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Research Society ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Court Judge ◽  
Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

scholarly journals The Review Of Agricultural Land Transfer Related Juridical Absentee That Made Before PPAT

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 257
Author(s):  
Heris Ramadan
Keyword(s):  
Agricultural Land ◽  
Public Awareness ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
Sociological Approach ◽  
Land Transfer ◽  
The Village ◽  
The City

The purpose of this study as follows 1) To identify and explain the transfer of agricultural land Absentee made before PPAT. 2) To identify and explain the barriers and solutions Absentee transfer of agricultural land made before PPAT. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview, and secondary data obtained from the study of literature. Based on the results of the research are Strict monitoring of the transfer of agricultural land through cooperation between the relevant agencies, namely the Village Head, District and PPAT / Notary. Barriers: a) Lack of public awareness, b) Since the Inheritance Land where many families who left their land to her son while her son stayed in town and have settled the town even had a decent job in the city than in the rural location of his land, it is also one causes of land ownership is due to inheritance. c) Land Office did not have accurate data on their ownership of agricultural land by Absentee. Solution: Perform legal counseling for the creation of legal order are carried out continuously to the community and local authorities with regard to land issues.Keywords: Judicial Review; Diversion; Farmland; Absentee; PPAT

scholarly journals PERTANGGUNGJAWABAN HUKUM PENGURUS YAYASAN TERHADAP RUMAH SAKIT YANG DIKELOLA OLEH YAYASAN BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2009 TENTANG RUMAH SAKIT

2019 ◽  
Vol 7 (2) ◽  
pp. 212
Author(s):  
Hernindyo Reinan Mahastoro ◽  
Albertus Sentot Sudarwanto
Keyword(s):  
Empirical Research ◽  
Research Method ◽  
Secondary Data ◽  
Legal Issues ◽  
Court Decision ◽  
Primary Data ◽  
Constitutional Court ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

<p>Abstract<br />This article aims to examine the legal issues to find out the liability of the foundation trustee  who manages a hospital. The research method uses non doctrinal research method or empirical research, which finding the secondary data at the beginning, later on proceeded to the primary data. Law Number 44 Year 2009 on Hospital emphasizes that explains that hospitals can be managed by a non-profit legal entity, Law Number 16 Year 2001 jo. Law Number 28 Year 2004<br />on Foundation emphasizes that foundation trustee is fully responsible for the management of the foundation for the interests and objectives of the foundation and has the right to represent the foundation both inside and outside the court. This study that the validity of hospital managed by foundation could be valid if referring to the Constitutional Court Decision Number: 38 / PUU-XI / 2013. It was found that Aria Sentra Medika Hospital is valid and the Fatmawati Foundation<br />Trustee is the party charged with liability for hospital management.<br />Keyword: Foundation; Foundation Trustee; Hospital; Validity; Liability</p><p>Abstrak<br />Artikel ini bertujuan mengkaji isu hukum untuk mengetahui pertanggungjawaban pengurus  yayasan yang mengelola rumah sakit. Metodologi penelitian yang digunakan adalah metode penelitian non doktrinal atau penelitian Empiris, yaitu meneliti data sekunder pada awalnya, untuk kemudian dilanjutkan penelitian terhadap data primer di lapangan. Undang – Undang  Nomor 44 Tahun 2009 tentang Rumah Sakit menjelaskan bahwa rumah sakit dapat dikelola oleh <br />badan hukum nirlaba, Undang – Undang Nomor 16 Tahun 2001 jo. Undang – Undang Nomor 28 Tahun 2004 tentang Yayasan menegaskan bahwa pengurus yayasan bertanggung jawab penuh atas kepengurusan Yayasan untuk kepentingan dan tujuan yayasan serta berhak mewakili yayasan baik di dalam maupun di luar Pengadilan Hasil penelitian ini diketahui bahwa sahnya suatu rumah sakit yang dikelola oleh yayasan dapat dinyatakan sah jika merujuk pada Putusan Mahkamah Konstitusi Nomor : 38/PUU-XI/2013. Pada hasil penelitian, diketahui bahwa Rumah Sakit Aria Sentra Medika adalah sah dan pengurus Yayasan Fatmawati adalah pihak yang dibebankan pertanggungjawaban atas kepengelolaan rumah sakit.<br />Kata Kunci: Yayasan; Pengurus Yayasan; Keabsahan; Pertanggungjawaban</p>

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Family Life ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Life ◽  
Adopted Child ◽  
Sociological Approach ◽  
Inheritance System ◽  
The Law ◽  
The Right ◽  
Legal Marriage

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 

Sign in / Sign up

Export Citation Format

Share Document