scholarly journals PROBLEMATIKA ISBAT NIKAH POLIGAMI SIRRI

2019 ◽  
Vol 4 (2) ◽  
pp. 194-213
Author(s):  
Mukhtaruddin Bahrum
Keyword(s):  
Negative Effects ◽  
Descriptive Research ◽  
The Social ◽  
The Supreme Court ◽  
Indirect Impact ◽  
The Status ◽  
Qualitative Descriptive ◽  
Positive Perspective ◽  
The Law ◽  
Research Analysis

The law No. 1 of 1974 concerning marriages annunciates that the success of marriages conducted must be by their religion and beliefs, in addition to being valid and approved by the state, therefore marriages must be approved by those invited. However, in reality, some people deviate from marriage registration requirements. The cause is not only lack of people's awareness to register a marriage, also driven by the difficulty to obtain permission to do polygamy, thus those who want to do polygamy prefer sirri polygamy. The awareness of how important the marriage registration is will only arise if in the future there is an interest in dealing with the law. These things encourage someone to ask for marriage isbat upon the sirri polygamy in the Religious Court. Therefore, marriage isbat upon Sirri polygamy will cause positive and negative effects in its implementation. To discuss the positive and negative effects of sirri polygamy marriage, the researcher uses normative juridical research methods with qualitative descriptive research analysis. The results showed that from a positive perspective, marriage is required for Sirri marriage to get a Legal Guarantee (Article 6 Paragraph 2 KHI). Since with the stipulation of Sirri polygamy, candidates of Sirri polygamy have a basis to get a marriage book (Article 7 Paragraph 1 KHI). As a result, there is an increase regarding the social status in the community that was once Sirri has now become official. Besides, the changes occur in the status of children as well as rights in shared assets and inheritance before the law. While from the negative side, if the Sirri polygamy is granted and/or the marriage is accepted, it means those who has deviated the law are approved and justified. The indirect impact is the assertion of values that must be issued by the provisions regarding the requirements of polygamy. Therefore, based on SEMA No. 3 of 2018, the Supreme Court no longer gives the permission to ratify Sirri polygamy.

scholarly journals ANALISIS WACANA KRITIS PADA CATATAN NAJWA BERJUDUL “TRIAS KORUPTIKA” PERSPEKTIF NORMAN FAIRCLOUGH

2020 ◽  
Vol 4 (2) ◽  
pp. 244
Author(s):  
Siti Ummi Habibah
Keyword(s):  
Social Context ◽  
Cultural Practices ◽  
Cultural Practice ◽  
Three Dimensions ◽  
Descriptive Research ◽  
Court Judge ◽  
The Social ◽  
The Supreme Court ◽  
Qualitative Descriptive ◽  
Discourse Practice

practices that consist of representation, identity and social relationships, so it is closely related to the context beyond discourse. One of the Catatan Najwa TV Programs entitled “Trias Koruptika” indicates the ideology in the text affected by the social context when the record was created. This study aims to see the construction of ideology and social context behind the writing of the text. This research is qualitative descriptive research. A theory used is a critical analysis of Norman Fairclough’s perspective that includes analysis in three dimensions: analysis of language text, discourse practice, and socio-cultural practice. The results showed that in text analysis, Catatan Najwa voiced disappointment, criticism and built a negative representation of three government institutions due to a corruption case. In the practice of discussion, the ideology can be conveyed and accepted well by society. As for the analysis of socio-cultural practices, the issue of corruption conducted by the supreme court judge and other corruption cases in 2013 had a major role in creating Catatan Najwa: “Trias Koruptika”.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

scholarly journals PEMANFAATAN NILAI PEDULI SOSIAL CERITA RAKYAT DI KABUPATEN PURBALINGGA SEBAGAI PENGEMBANGAN PENDIDIKAN KARAKTER DALAM PEMBELAJARAN BAHASA INDONESIA

2019 ◽  
Vol 6 (2) ◽  
pp. 203
Author(s):  
Wiwit Puji Amalia ◽  
Sumarwati Sumarwati ◽  
Budhi Setiawan
Keyword(s):  
High School ◽  
Junior High School ◽  
Social Care ◽  
Junior High ◽  
Sampling Technique ◽  
Teaching Material ◽  
Descriptive Research ◽  
The Social ◽  
Qualitative Descriptive ◽  
Character Building

<p><em>This research is a qualitative descriptive research aims to (1) describe and explain the structure of folklore of Purbalingga District, (2) to describe and explain the social care values contained in Purbalingga District folklore, (3) describe and explain the relevance of folklore as the character buildingand teaching material in Junior High School. Data and information are collected through informants and documents. Data collection is done through observation, recording, interview, and document analysis. Research sample is determined by purposive sampling technique. Validation of data is done by triangulation. The results of this research are:</em></p><em>(1) the structure of folklore Purbalingga District, (2) social caring values contained in Purbalingga District folklore, (3) relevance of folklore as the character building and teaching material in Junior High School.</em>

scholarly journals Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Marital Problems ◽  
Normative Approach ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
The Law ◽  
Almost All ◽  
Legal Consequences

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

scholarly journals ADAPTASI ARSITEKTUR VERNAKULAR KAMPUNG NELAYAN BUGIS DI KAMAL MUARA

NALARs ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 69 ◽  
Author(s):  
Primi Artiningrum ◽  
Danto Sukmajati
Keyword(s):  
Physical Environment ◽  
Vernacular Architecture ◽  
North Coast ◽  
Architectural Form ◽  
Descriptive Research ◽  
The North ◽  
The People ◽  
The Social ◽  
Qualitative Descriptive ◽  
The Village

ABSTRAK.Masyarakat Bugis terkenal sebagai pelaut ulung di Indonesia yang telah menjelajahi seluruh wilayah nusantara.Oleh karena itu permukiman masyarakat Bugis dapat ditemukan di hampir seluruh wilayah Indonesia, terutama di kawasan pesisir.Di pantai Utara Jakarta juga terdapat satu kampung nelayan Bugis, yaitu di wilayah Kamal Muara.Karakter fisik dari permukiman ini menunjukkan ciri-ciri arsitektur vernacular Bugis yang dapat dilihat dari bentuk rumah-rumahnya.Akan tetapi, kondisi lingkungan yang berbeda dengan di tempat asalnya memaksa masyarakat kampung Bugis tersebut untuk beradaptasi baik terhadap lingkungan fisik maupun lingkungan sosial budayanya.Adaptasi tersebut menyebabkan terjadinya perubahan-perubahan pada bentuk dan pola perkampungannya.Penelitian ini bertujuan untuk mengungkapkan pengaruh adaptasi terhadap bentuk rumah dan pola kampung yang dibandingkan dengan arsitektur Bugis yang asli.Metode yang digunakan adalah metode penelitian deskriptif kualitatif.Metode pengumpulan data dilakukan melalui observasi lapangan dan wawancara kepada informan kunci termasuk beberapa pemilik rumah.Hasil dari penelitian ini adalah teridentifikasinya adapatasi bentuk arsitektur dan pola kampung terkait dengan kondisi lingkungan dan sosial budaya. Kata  kunci : adaptasi, vernakular, arsitektur, nelayan, kampung ABSTRACT.Bugis people are famous as the best sailor in Indonesia who have sailed all over the archipelago. Their settlements can be found all over the country especially in the coastal area. Kamal Muara is one of the Bugis fishermen village located in the North coast of Jakarta. The physical character of this settlement demonstrates Bugis vernacular architecture which is especially noticeable in the form of its houses. However, the new place has forced the people to adapt to the physical environment as well as to the social and cultural environment. Consequently, the adaptation caused changes of architectural shapes and the pattern of the village. This objective of this research was to find out the influence of the adaptation to the house form and village pattern that was compared to its original Bugis Architecture. The method of this research was qualitative descriptive research. The data was collected through field study, observation, and interview to the key informants including the owner of the houses. The outcomes of this research is the identification of the adaptation in architectural form and village pattern related to the environmental condition and the sociocultural problem. Keywords:  adaptation, vernacular, architecture, fishermen, village

scholarly journals Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan

Rechtsidee ◽  
2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Rilda Murniati ◽  
Richmond Cosmas Tobias
Keyword(s):  
Supreme Court ◽  
Court Decision ◽  
District Court ◽  
The Supreme Court ◽  
The Status ◽  
The Law ◽  
Study Type

The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc.

scholarly journals LA POLONIA DI OGGI E LA SHOAH: LA LEGGE E LA STORIA

2020 ◽  
Author(s):  
Emiliano Vitti
Keyword(s):  
Historical Memory ◽  
Historical Research ◽  
Negative Effects ◽  
The Social ◽  
The Holocaust ◽  
General Government ◽  
Improper Use ◽  
The Law

Last year’s relations between the Polish and Israeli leaderships, with the controversy over the influences (or perhaps interference) of the Warsaw government on the treatment of the historical memory of the Holocaust and its international implications, lead us to make two important considerations. Firstly, the possible consequences that the so-called “Holocaust law” can bring to historical research; Furthermore, a reflection on the negative effects that an improper use of the law can cause on the social and administrative level, trying to compare the cases of today’s Poland and of the General Government, that is the section of the Polish state occupied by the Nazis not annexed, but transformed into a very peculiar territorial entity.

scholarly journals ANALISIS NILAI SOSIAL PADA NOVEL BILA MALAM BERTAMBAH MALAM KARYA PUTU WIJAYA DENGAN PENDEKATAN MIMETIK

2021 ◽  
Vol 1 (2) ◽  
pp. 434-466
Author(s):  
Muyassaroh Muyassaroh ◽  
Yunita Pratama W. N. ◽  
Alvira Jasmin E. F. ◽  
Citra Ika Prasetya
Keyword(s):  
Social Values ◽  
Literary Work ◽  
The Novel ◽  
Check List ◽  
Descriptive Research ◽  
Research Article ◽  
Analysis Technique ◽  
The Social ◽  
Qualitative Descriptive

Every literary work must have the social values ​​of life contained in it, whether conveyed implicitly or explicitly.  Like the novel Bila Malam Bertambah Malam by Putu Wijaya, it contains many social values ​​and so on.  With these problems, this research article is written to discuss "Analysis of Social Values ​​in the novel Bila Malam Bertambah Malam by Putu Wijaya using the mimetic approach”. This research was conducted using qualitative descriptive research methods.  Data collection techniques carried out, in the form of documentation, as well as research instruments were the researchers themselves using a check list of the classification of research materials and notes of observations.  The data analysis technique in this study is a descriptive interpretive technique, where the researcher tries to describe the opinions and views that are on an object of research.  This article aims to find out the social values ​​contained in the novel Bila Malam Bertambah Malam by Putu Wijaya.  The results of this study indicate that social problems cannot be separated from the relationships that accompany them.  These relationships include human problems with humans, human problems with oneself and human problems with culture.

Analysis of Sidampak Service Innovation as Glocalization of E-government In Wukirsari Village, Sleman Regency

ARISTO ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 257
Author(s):  
Hanantyo Sri Nugroho
Keyword(s):  
Public Service ◽  
Research Method ◽  
Population Data ◽  
Data Utilization ◽  
Descriptive Research ◽  
The Social ◽  
Qualitative Descriptive ◽  
Service Policies ◽  
Village Government ◽  
The Village

The Population Data Utilization System (Sidampak) in Wukirsari Village, Sleman Regency is a population administration service program that has provided many benefits. The background lacks clear planning in developing services to the community and a low level of community participation in the administration of population documents which then becomes the basis for creating a population administration service system that can provide complete, accurate, fast, easy and integrated results. This then led to a commitment for the village government of Wukirsari in making public service innovations. This innovation is not only the value of fast, easy, inexpensive, but more on the value of services that can be adapted to the culture of the Wukirsari community. Related, this study found that there are public services that consist of the Population Data Utilization System (Sidampak) program in Wukirsari Village which can then change service policies to better suit the social conditions of the community. Meanwhile, the research method used by researchers is a qualitative descriptive research method

scholarly journals Analysis of the constitutional principle of “state sociality” in Canadá

2021 ◽  
Vol 7 (1) ◽  
pp. 196-200
Author(s):  
Evgeniy V. Aristov ◽  
Marina V. Markhgeym
Keyword(s):  
Welfare State ◽  
Supreme Court ◽  
Social Characteristics ◽  
Supreme Court Of Canada ◽  
Social State ◽  
Constitutional Principle ◽  
The Social ◽  
The Supreme Court ◽  
The Law

The present study examines the constitutional principle of "social statehood" in Canada, considering the implemented model of a social state. The method and characteristics of securing a state's social guarantees are set out in the Canadian Constitution. Based on the analysis of the law, the authors concluded about the social characteristics of this state in Canada. By analyzing the reflection of the principle of "government sociality" in the jurisprudence of the Supreme Court of Canada, the authors summarized its impact on the problems of a welfare state.

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