scholarly journals PERSPEKTIF HUKUM PERKAWINAN ANTAR AGAMA YANG BERKEADILAN DIKAITKAN DENGAN POLITIK HUKUM PERKAWINAN INDONESIA DALAM RANGKA PEMBANGUNAN HUKUM KELUARGA NASIONAL

2018 ◽  
Author(s):  
Tengku Erwinsyahbana
Keyword(s):  
Legal System ◽  
System Development ◽  
Legal Aspect ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Public ◽  
Legal Development ◽  
Political Perspective ◽  
Legal Uncertainty ◽  
The Republic

It is likely that interreligion marriage often takes place due to plurality adhered by the Indonesian people. Many couples have not had their interreligion marriage registered due to refusal by the Civil Registry Office to register their marriage on grounds that the interreligion marriage is not permitted in religious teachings, and further, it is not regulated in Law No. 1 of 1974. This fact obviously raised the feeling of injustice and legal uncertainty in the interreligion marriage so that it is interesting to investigate the aims of which were: to discover the law on interreligion marriage in the politics on marriage law based on Five Basics Principles of the Republic of Indonesia (Pancasila) when associated with function of the marriage registry institution, to discover the legal certainty of the interreligion marriage conducted overseas when associated with function of the marriage registry under the Indonesian legal system, as well as the interreligion marriage law in the political perspective on equitable marriage law based on Pancasila as an effort for legal system development of national family. To analyze the research findings, the following theories are adopted, which are, the Pancasila based legal state, Pancasilabased justice as well as legal development and legal certainty theories.The research was a legal research natured by adopting approaches on legal history and comparative as well as laws and regulations. The research was descriptive nature and in view of the costruction, it was a prescriptive research.The main data required for the research consisted secondary and primary data.Data collection that have been adopted was document study and interview methods the analysis of the data collecting was conducted on a qualitative juridical method focusing on the analysis on the legal certainty and legal aspect which live and grow among the public, as well as legal synchronization.The research indicated that the interreligionmarriage in Indonesia has taken place due to a legal uncertainty in the context of Law No. 1 of 1974 which did not regulate whether or not the interreligion marriage practice was permitted. On the contrary, however, the relevant law has opened the possibility of such marriage to took place. It was also possible that the uncertainty on the interreligion marriage was due to the provisions regarding marriage as set forth in Law No. 1 of 1974 and Law No. 23 of 2006 which conflict with each other. The state should therefore guarantee that the public legal certainty is to be realized as one characteristic indicated in a Pancasila based legal state is the existence of legal certainty. Viewed from the theories on Pancasila based justice as well as legal development and legal certainty approache. Thus, to realize public orderliness and harmony, it shall be necessary to only register the marriage at one institution. This has to be conducted as an effort to keep orderliness of population administration and legal certainty when it comes to interreligion marriage.

scholarly journals Form of Contractual Agreement / Forma obligacionih ugovora

2014 ◽  
Vol 4 (4) ◽  
pp. 199 ◽  
Author(s):  
Jovana Pušac
Keyword(s):  
Legal System ◽  
Contract Law ◽  
Public Authority ◽  
Legal Systems ◽  
Legal Certainty ◽  
Public Interests ◽  
The Public ◽  
The Republic ◽  
Contractual Agreement ◽  
Paper Author

In this paper author analyzes the normative complex of one of the most important institutes of contract law - form. That complex receives the fullness of importance primarily in the field of formal agreements. Namely, although the contemporary tendency in contract law that the form does not appear as a means of obstructing, mystification and complicating legal relations through the principle of summum ius summa iniuria, though more than ever, it can be talked about a kind of „renaissance“ of formalism. This particularly applies to those legal systems, including and the Republic of Srpska, where valid the exclusive form of public document for certain contracts (notarized documents). In them is superfluous discussion about possible convalidation of contracts through criteria of form`s purpose, since the goal of these forms is protection of public interests. In the legal system of the Republic of Serbia, the situation is, in this regard, quite different, bearing in mind the principle of competition form, since the requirement to respect the public notary forms, as the highest pillars of legal certainty, placed alternatively in line with the form made by court or other public authority.

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals ANALISIS PRINSIP KEADILAN TENTANG SYARAT MENJADI ANGGOTA LEGISLATIF BAGI KEPALA DESA BERDASARKAN UNDANG – UNDANG NOMOR 7 TAHUN 2017 DAN PERATURAN KOMISI PEMILIHAN UMUM NOMOR 20 TAHUN 2018

2021 ◽  
Vol 9 (1) ◽  
pp. 67
Author(s):  
Muhammad Sayuni ◽  
Elidar Sari ◽  
Teuku Nazaruddin
Keyword(s):  
General Election ◽  
Legal Certainty ◽  
Election Law ◽  
The Public ◽  
Principle Of Justice ◽  
Commission Regulation ◽  
Principles Of Justice ◽  
The Republic ◽  
The Village ◽  
Election Commission

General Election is a means of implementing people's sovereignty which is carried out directly, freely, secretly, honestly and fairly based on the Pancasila and the 1945 Constitution of the Republic of Indonesia. Implementation of Elections is the implementation of the stages of elections which are carried out freely, fairly, and honestly.   The purpose of this study is to analyze the principle of justice in the requirements to become a legislative member for the Village Head based on Law Number 7 of 2017 and Election Commission Regulation Number 20 of 2018. The results of the study showed that the first election held in 2019 did not implement the principles of justice in terms of the legislative candidate for the Village Head. The public can provide legal certainty for the implementation of the 2019 Election law. It is recommended to the General Election Commission to revise the Election Commission Regulation regarding the nomination of members of the DPR, Provincial DPRD, and Regency / City DPRD specifically in the requirements for candidates for the Village Head in Article 8 paragraph 1 letter b number 6 point b, to guarantee the rights of citizens and fulfill the principles of justice.

scholarly journals DEKONSTRUKSI HUKUM SEBAGAI STRATEGI PEMBANGUNAN HUKUM PASCA REFORMASI

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Inayatul Anisah
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Legal Certainty ◽  
Legal Text ◽  
Legal Development ◽  
Legal Texts ◽  
True Meaning ◽  
Legal Uncertainty

Studi hukum tidak akan lepas dari sebuah kondi?kasi teks yang memiliki tujuan tertentu. Agar tujuan yang terkandung dalam makna teks secara hakiki dapat tercapai, diperlukan adanya dekonstruksi hukum. Melalui  dekonstruksi, upaya pembangunan hukum di Indonesia yang selama ini dikenal hanya sebatas hukum yang berlaku secara yuridis formal, perlu dimaknai kembali sehingga mencakup nilai-nilai kemaslahatan yang berlaku secara universal. Meskipun perlu diakui, bahwa nilai-nilai kemaslahatan tetap tidak akan mampu menciptakan kepastian hukum, kecuali melalui upaya supremasi hukum yang berupa teks-teks itu sendiri. Untuk menciptakan kepastian hukum (legal certainty), ajaran itu hampir pasti mutlak diperlukan, namun dalam  realitas empirisnya ajaran hukum modern tersebut tidak begitu saja dapat diterapkan begitu saja menjadi rule of law tanpa melihat sebagai rule of morality.<br /><br />The study of law coincides with the codi?cation of texts, and the deconstruction of law is considered necessary to understand the true meaning of the legal texts. Through the process of deconstruction, the legal development of the country which is merely focused on formal and juridical aspect of law needs to include new nuance of universal public bene?t, despite any doubt on its legal uncertainty. In order to achieve legal certainty, reference to the legal text is a necessity, even though in reality modern legal theory cannot operate as rule of law without implementing rule of  morality.<br /><br />Kata kunci: Teks, Dekonstruksi, Kemaslahatan, Kepastian hukum<br /><br /><br /><br />

scholarly journals KOMPETENSI PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2006 DI HUBUNGKAN DENGAN PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Moh Sutoro
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Islamic Banking ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Delegation Of Authority ◽  
History Of ◽  
Legal Uncertainty ◽  
Religious Courts

The year 2006 is seen in the most revolutionary in the history of the existence of religious courts in the Indonesian legal system. Delegation of authority to examine, decide and resolve syariah economic case to the Religious Court signaled recognition of the existence of religious courts as well as the realization of the desire of the majority, even all Muslims in Indonesia to resolve the dispute in accordance guidance Shari'a. However, in practice before the judicial reviewe Act No. 21 of 2008 concerning Islamic banking, which in practice contains legal uncertainty because of the problem stems from differences in interpretation in deciding which forum has the authority to resolve disputes Islamic banking at hand that is the Choice of Forum and the Choice of law which in turn raises the formulation of legal uncertainty. Keywords: Competence, Dispute Resolution, legal certainty

scholarly journals Pedagogical opportunities to improve training system on the basis of advanced foreign experience

2020 ◽  
Vol 3 (11) ◽  
pp. 172-177
Author(s):  
A.J.Turekeeva
Keyword(s):  
Professional Development ◽  
Vocational Education ◽  
Education System ◽  
System Development ◽  
Training System ◽  
General Direction ◽  
The Public ◽  
The Republic ◽  
Modernization Process ◽  
Teachers Professional Development

The article describes the current stage organizing methods’ study of education system development of the Republic of Uzbekistan, intensification and the modernization process general direction, professional development of the public education system staff, foreign and domestic technologies experience and teachers’ professional development in the additional vocational education system in accordance with the theoretical literature the need to improve the continuous vocational education system, as well as vocational education programs in general, technology, teaching methods and forms’ development and modernization for adults.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals LEGAL BASES OF MODERNIZATION IN STATE ADMINISTRATION THE REPUBLIC OF AZERBAIJAN

2021 ◽  
pp. 46-52
Author(s):  
Vasif ISMAYILOV ◽  
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Administration System ◽  
Step Process ◽  
The Public ◽  
Head Of State ◽  
State Administration ◽  
Legal Foundations ◽  
The Republic

The article analyzes the legal foundations of modernization in public administration. The issues of modernization of the legal system in the state administration of the Republic of Azerbaijan are widely covered. The author outlines the objective and subjective factors that create conditions for reforms in the public administration system. Special attention is paid to cardinal reforms in the field of modernization of the legal system of modern Azerbaijan, studying the role of the head of state as the initiator of the reforms in the public administration system. The article describes in detail the step-by-step process of building a legal system and outlines it political significance.

scholarly journals Penguatan Dewan Etik dalam Menjaga Keluhuran Martabat Hakim Konstitusi

2016 ◽  
Vol 13 (4) ◽  
pp. 720
Author(s):  
Wiryanto Wiryanto
Keyword(s):  
Legal System ◽  
Code Of Ethics ◽  
Constitutional Court ◽  
Legal Certainty ◽  
The Public ◽  
Supervisory System ◽  
Ethical Violations ◽  
Law And Justice ◽  
Sense Of Justice

The Birth of the Board of Ethics of the Constitutional Judges cannot be separated from the effort to uphold a code of ethics and maintain of the dignity of the constitutional judges. Abuse of authority in the judiciary has led to the destruction of the legal system and the non-fulfillment of a sense of justice. Judicial mafias has destroyed the foundation of the authority of the judiciary and undermine the honor and dignity of judges, therefore it is necessary to take concrete measures to restore the authority of the judiciary and maintaining the honor of judges as the main pillars of the judiciary in enforcing law and justice. One concrete step is the need for strengthening the supervisory system of ethics against constitutional judges, the results of which will provide input to the Constitutional Court, whether the monitoring system of ethics against constitutional judges applied so far has been able to maintain the honor, dignity, and constitutional justices, and whether the system has provided legal certainty in its enforcement against violations of the Code of Ethics and Conduct of Constitutional Judges. Strengthening the role of the board of ethics of constitutional judges as guardians of constitutional judges dignity can be constantly improved by opening access to complaints from the public against allegations of ethical violations committed by constitutional judges.

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