scholarly journals KEDUDUKAN HUKUM PERKAWINAN ADAT DAYAK LUNDAYEH DALAM HUKUM PERKAWINAN NASIONAL

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Pasri Bilung
Keyword(s):  
Rule Of Law ◽  
Legal Rule ◽  
The State ◽  
Legal Research ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Marital Disputes ◽  
Customary Manner ◽  
Legal Consequences

AbstractThe procedure of marriage which is carried out in a customary manner and has existed before the State of Indonesia was established, as carried out by the Lundayeh Dayak community and until now is still maintained as a local culture of ancestral heritage is a tradition that is still highly upheld. Unification in the field of marital law through the establishment of Law No. 1 of 1974 has legal consequences for marital arrangements in Indonesia. So that it raises problems with the implementation of the marriage which is only carried out by customary Dayak Lundayeh.The type of this research is normative juridical research, namely legal research to find the rule of law, legal principles and legal doctrine to answer the issue of juridical review of customary marriage and its legal consequences.The results of the study indicate that the customary marriage law is a legal rule that regulates the forms of marriage, how to apply, marriage ceremonies and the termination of marriage. Based on the provisions of the regulations stipulated in Law No. 1 of 1974, marriages which are only carried out by Lundayeh customary without religious marriage are not valid, so the marriage cannot be performed either at the Office of Religious Affairs (KUA) for those who are Muslim and the Civil Registry Office (KCS) for those who are not Muslim.The legal consequences of illegitimate marriages that are only carried out traditionally by the Lundayeh Dayak have an impact on the absence of recognition from the State for the marriage carried out, so that in the event of a dispute and dispute arising from the marriage, the State in this case the court cannot resolve the dispute resolution. settlement of marital disputes that are only carried out by custom, by the Lundayeh Dayak community carried out in local wisdom, namely through the customary court session Keywords: Marriage, Adat, Dayak Lundayeh

scholarly journals RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

2021 ◽  
Vol 1 (1) ◽  
pp. 37-46
Author(s):  
Asari Taufiqurrohman
Keyword(s):  
Rule Of Law ◽  
Basic Type ◽  
The State ◽  
The Body ◽  
The Other ◽  
Nation State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Approach Method ◽  
Asean Countries

The study of the constitution could not be covered by the scope of one state only, but also  compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

scholarly journals PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Data Sources ◽  
Legal Research ◽  
Legal Principles ◽  
Religious Law ◽  
Secondary Data Sources ◽  
The Law ◽  
Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

scholarly journals Pengaturan Alat Peraga Kampanye Dalam Pelaksanaan Pemilihan Kepala Daerah

2020 ◽  
Vol 6 (2) ◽  
pp. 113
Author(s):  
Choirul Anam
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Completion Time ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
Legal Principles ◽  
The People ◽  
Election Commission ◽  
Control Campaign

This study aims to explain the mechanism for electing governors and deputy governors, regents and deputy regents as well as mayors and deputy mayors who are directly elected by the people, through what we are familiar with direct regional head elections and to find out the authority of the general election commission (KPU ) in conducting the procure- ment, distribution and installation of campaign props (APK.) The method used in this research is legal research which is to find the rule of law, legal principles, and legal doc- trines in order to answer the legal issues encountered. In this study shows that given the authority of political parties or candidate pairs to hold campaign props a number of prob- lems arise, including the difficulty for the KPU to control or control campaign props held by political parties or candidate pairs starting from the number, completion time, until the design

scholarly journals Basic Ideas of State Power Limitation in Political and Legal Doctrine

2017 ◽  
Vol 10 (4) ◽  
pp. 197
Author(s):  
Galina S. Belyaeva ◽  
Boris V. Makogon ◽  
Sergej N. Bezugly ◽  
Marina L. Prokhorova ◽  
Dariusz Szpoper
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
State Power ◽  
The State ◽  
Scientific Concepts ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
The Law ◽  
Basic Ideas

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

scholarly journals KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN

2019 ◽  
Vol 2 (2) ◽  
pp. 646
Author(s):  
Samuel Tirta Handoyo ◽  
Cut Memi
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
Government Action ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Status

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

scholarly journals The Ontological of State of Law of Pancasila as The Basis of Welfare State in Indonesia

2020 ◽  
Vol 9 (4) ◽  
pp. 701
Author(s):  
I Nyoman Bagiastra
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
The State ◽  
Community Life ◽  
Economic Policies ◽  
Legal Certainty ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Republic ◽  
The Welfare State

The rule of law as stated in the Constitution of the Republic of Indonesia, namely article 1 Section 3 of the 1945 Constitution which states explicitly that the State of the Republic of Indonesia is a rule of law, of course, has juridical consequences that must be accounted for in the practice of community life, nation, and state. By claiming to be a rule of law, Indonesia must fulfill and realize all the requirements and principles contained in a rule of law, namely the state has the obligation and provides legal certainty for protection to realize the welfare of its citizens. The research method used is normative legal research. the welfare state is briefly described as a series of public policies and state activities in integrating economic policies and social policies for the sake of achieving prosperity.

scholarly journals Peran BPN dalam Penyertifikatan Hak Milik Atas Tanah Adat di Kantor Pertanahan Kabupaten Samosir

2021 ◽  
Vol 4 (2) ◽  
pp. 1186-1198
Author(s):  
Ady Hendra Lumban Tobing ◽  
Dayat Limbong ◽  
Isnaini Isnaini
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Government Regulation ◽  
The State ◽  
Legal Research ◽  
Daily News ◽  
Land Registration ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Customary Land

This study aims to determine the legal rules, roles and obstacles faced by BPN employees in Samosir district in the implementation of registration of property rights on customary land. This research uses normative legal research. The results of the study indicate that the rule of law for land registration refers to Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. The registration procedure is as follows: 1) Prepare the required documents, 2) Prepare and submit application letters, 3) Pay the application fee, measurement and inspection of the applicant's land, 4) Make announcements through the general daily news with a period of 60 (sixty) days, 5) Issuance of decrees (Kantah, Kanwil, or BPN RI), 6) Bookkeeping of rights and issuance of certificates. Obstacles that arise and are faced in registering land as property rights in Pangururan District are: 1) Unclear customary land boundaries, 2) There are claims from the state or government, 3) Loss of witnesses or historical actors.

Bestuurszorg Pemerintah dalam Negara Hukum Indonesia

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Herman -
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Body ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Maximum Extent ◽  
The People ◽  
The Government

Abstract Bestuurszorg is a concept found in modern rule of law. The main obligations in the rule of law are given duties and functions to the maximum extent to create prosperity and welfare of the people. The preamble to the constitution in force in Indonesia requires the Indonesian government's obligation to create prosperity and welfare. The body (article by article) of this constitution also explicitly states that the State of Indonesia is a state of law based on popular sovereignty. This research is a normative legal research with a statutory approach and a conceptual approach. The results of this study suggest that the obligations of the government in the Indonesian State of Law are duties and functions to create prosperity and welfare of the people. The government is also given the power to implement the constitutions and laws through its authority in terms of making laws and regulations independently. Keywords: State of law, bestuurszorg, prosperity and welfare.

scholarly journals Perlindungan Hukum Atas Perbedaan Luas Faktual Dengan Surat Ukur Pada Sertifikat Hak Atas Tanah

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Atindriya Hastungkara
Keyword(s):  
Rule Of Law ◽  
Scientific Research ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Logic Of Science

This journal is entitled Legal Protection of Actual Land Differences With Land Rights Certificate. This journal examines the function of the letters in the registration of land rights and how the legal safeguards for the holders of land rights in terms of factual land differences with the letters on the land certificate. The type of research used is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced in accordance with the characteristics of prescriptions of jurisprudence. This normative legal research is a procedure and way of scientific research to find the truth based on the logic of science in terms of normatifnya. So that it can answer the legal issues posed. Further said in doing research law. Approach to the problem of statutory approach (Statute Approach) based on the Act, conceptual approach (Conceptual Approach) based on theories and concepts, and the case approach (Case approach).Keywords: Legal Protection of Land Rights Holder, Land Certificate, Land Factual Difference With Measure Letters.

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