scholarly journals An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage

Al-Bayyinah ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 57-75
Author(s):  
Jamaluddin T ◽  
Yusuf Djabbar
Keyword(s):  
Supreme Court ◽  
Field Research ◽  
Research Findings ◽  
The Law ◽  
The Republic ◽  
Age Of Marriage ◽  
Descriptive Qualitative

After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.

scholarly journals EFFECTIVENESS IN IMPLEMENTING SUPREME COURT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 2 YEAR 2015 ON PROCEDURES SETTLEMENT OF SIMPLE LAWSUIT IN SETTLING THE CIVIL CASES

2018 ◽  
Vol 2 (1) ◽  
pp. 2
Author(s):  
Wiryatmo Lukito Totok ◽  
Anik Iftitah
Keyword(s):  
Supreme Court ◽  
Legal Culture ◽  
District Court ◽  
Code System ◽  
Medium Term ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases ◽  
The Republic ◽  
Effectiveness Index

President Regulation of the Republic of Indonesia Number 2 Year 2015 on the National Medium Term Development Plan 2015-2019 mandates to carry out Reformation of the Civil Code system which is easy and fast, in an effort to improve the competitiveness of national economy. Related to this, the Supreme Court answered the vacancy of a simple lawsuit by issuing Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 2 Year 2015 on procedures for settlement of simple suit in settling civil cases. The empirical juridical research in the Court of Kediri showed that the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 2 Year 2015 made the lawsuit procedure simpler and very effective and in accordance with the principle of simple, fast and light cost. Effectiveness Index of Regulation of the Supreme Court of the Republic of Indonesia Number 2 year 2015 at Kediri District Court Class I B was in the "good" category, influenced by substance rule of the law, legal culture, structure of the law, and community knowledge. Keywords: Effectiveness, Simple Lawsuit Received: 07 January, 2017; Accepter: 15 March, 2017

scholarly journals Analysis of the Implementation of the Islamic Contract Principle on Hajj Fund Management By Hajj Fund Management Agency (BPKH)

2019 ◽  
Author(s):  
Acep R Jayaprawira ◽  
Abdussalam .
Keyword(s):  
Qualitative Analysis ◽  
Financial Management ◽  
Business Sector ◽  
Fund Management ◽  
Management Agency ◽  
Islamic Perspective ◽  
The Law ◽  
The Republic ◽  
Descriptive Qualitative

The Indonesian Hajj funds collected at the end of 2017 According to the data from the MinistryofReligionamountedtoRp96.85trillion,plustheUmmahEndowmentFundof 3:05trillion,thetotalamountwasindeedRp99.9trillion.BasedonthemandateofLaw No. 34 of 2014 concerning the Financial Management of Hajj, the management has been transferred from the Ministry of Religion of the Republic of Indonesia to the Hajj Financial Management Agency (BPKH). This study is a contract for the management of the hajj funds in the Islamic perspective. The methodology approach used is descriptive qualitative analysis. The results showed that there was a contract that was most effective in receiving the funding activity by BPKH was the Ijarah Maushufah Fid Dzimmah contract. With this agreement can answer the polemic around the contract between the pilgrims with BPKH. It is also known that the law of investing funds is possible / legal, as long as it is based on the that have been recommended by the DSN fatwas and channeled to the business sector of the business that can generate profits and lawfully in sharia way, free from maysir (speculative), usury (interest / usury), and gharar (uncertainty).

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Joint Decision ◽  
Procedural Law ◽  
Library Studies ◽  
The Status ◽  
The Law ◽  
The Republic

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

scholarly journals Pengujian Peraturan Pemerintah Pengganti Undang-Undang

2018 ◽  
Author(s):  
Ali Marwan Hsb
Keyword(s):  
Supreme Court ◽  
Government Regulation ◽  
Court Decision ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Form Of Government ◽  
The Law ◽  
The Republic

Article 24C Section (1) of the 1945 Constitution of the Republic of Indonesia authorizes the Constitutional Court to reviewthe law against the constitution. However, when referring to the hierarchy of legislation, the law has the equal hierarchy with government regulation in lieu of law. It makes a question whether the Constitutional Court truly has the authority to review government regulation in lieu of law against the constitution? Based on the research in this paper, it was found that by the Constitutional Court Decision Number 138/PUU-VII/2009, the Constitutional Court stated that the authority to review government regulation in lieu of law under the authority of the Constitutional Court because the substance of government regulation in lieu of law is similar with the substance of law. So, the Constitutional Court has the authority to review a government regulation in lieu of law materially. Such decision is correct; the Constitutional Court has the authority to review a government regulation in lieu of law in material because the substance is similar with the law. While formally reviewing should be the authority of the Supreme Court due to government regulation in lieu of law formally is in the form of government regulation

EKSISTENSI LEMBAGA QUASI JUDISIAL DALAM SISTEM KEKUASAAN KEHAKIMAN DI INDONESIA : KAJIAN TERHADAP KOMISI PENGAWAS PERSAINGAN USAHA

2018 ◽  
Vol 3 (1) ◽  
pp. 49
Author(s):  
Muh Risnain
Keyword(s):  
Moral Hazard ◽  
Supreme Court ◽  
Judicial Power ◽  
Legal Policy ◽  
Abuse Of Power ◽  
The Law ◽  
The Republic ◽  
Supporting Functional

Based on Indonesian Constitution 1945 the existence of quasi-judicial institution as a part of judicial power.Article 24 subsection (3 ) of the constitution of the republic of indonesia 1945 and the law number 48 / 2009 about judicial power admitting quasi-yudicial institutionshas judicial powers. For maximalize exercising of the quasi-judicial institutions are needed legal policy for supporting functional-constitusional relations between Commison for Supervion of Bussiness Competition and Supreme Court as top judicial power organization. Besides that needs to be done an effort to control the behavior commissioner of Commison For Supervion of Business Competition in avoiding abuse of power and moral hazard. These controlling must as part of power of Judicial Commission and Supreme Court. Keywords: Judicial Power, quasi-Judicial, Functional-constitutional and supervision

scholarly journals PASANG SURUT HUBUNGAN ANTARA MAHKAMAH AGUNG DENGAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Muhammad Fauzan
Keyword(s):  
Supreme Court ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
The Relationship

The relationship between the Supreme Court by the Judicial Commission in the Republic of Indonesia system is not harmonious, this is due to the first, the disharmony between the law on judicial power, including the law on Judicial Power, the law on the Supreme Court, the law on Constitutional Court and the law on the Judicial Commission. Both of the leadership character that exist in the Supreme Court and the Judicial Commission were too emphasizes in ego that one sector feel more superior than the others. To create a harmonious relationship between Supreme Court and Judicial Commission can be done by establishing intensive communication between both of them and by improvement in legislation. Keywords : relation, Supreme Court, Judicial Commission   

scholarly journals Ajaran Turut Serta Tindak Pidana Korupsi

2019 ◽  
Vol 3 (1) ◽  
pp. 35-52
Author(s):  
Harry Arfhan ◽  
Mohd. Din ◽  
Sulaiman Sulaiman
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Public ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Banda Aceh

Penyertaan pada dasarnya diatur dalam pasal 55 dan 56 KUHP yang berarti bahwa ada dua orang atau lebih yang melakukan suatu tindak pidana atau dengan perkataan ada dua orangatau lebih mengambil bahagian untuk mewujudkan suatu tindak pidana. Penyertaan di dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi yaitu Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 tahun 2001 disebut sebagai pembantuan.Dalam putusan Kasasi Mahkamah Agung Nomor : 1769 K/PID.SUS/2015 menyatakan bahwa Terdakwa I Indra Gunawan Bin Alm. Saleh tersebut tidak terbukti secara sah dan menyakinkan bersalah melakukan perbuatan sebagaimana yang didakwakan dalam semua dakwaan Penuntut Umum dan Menyatakan Terdakwa II Irfan Bin Husen telah terbukti secara sah dan meyakinkan bersalah melakukan tindak pidana “Turut Serta Melakukan Korupsi”. Majelis Hakim Judex Factie Pengadilan Tinggi/Tipikor Banda Aceh dalam memeriksa dan mengadili perkara Aquo telah salah dalam menerapkan hukum atau suatu peraturan hukum tidak diterapkan atau diterapkan tidak sebagaimana mestinya, yaitu mengenai penerapan hukum pembuktian sehingga harus dibatalkan oleh Mahkamah Agung Republik Indonesia.The participation is basically regulated in articles 55 and 56 of the Criminal Code, which means that there are two or more people who commit a crime or say that there are two or more people taking part to realize a crime. The participation in the Law on the Eradication of Corruption Crime namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 is referred to as assistance. In the decision of the Supreme Court Cassation Number: 1769 K / PID.SUS / 2015 stated that Defendant I Indra Gunawan Bin Alm. Saleh is not proven legally and convincingly guilty of committing an act as charged in all charges of the Public Prosecutor and Stating Defendant II Irfan Bin Husen has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Corruption". Judex Factie Judge of the High Court / Corruption Court in Banda Aceh in examining and adjudicating the case of Aquo has been wrong in applying the law or a legal regulation was not applied or applied improperly, namely regarding the application of verification law so that it must be canceled by the Supreme Court of the Republic of Indonesia.

scholarly journals Analisis Yuridis Manajemen Kerahasiaan Visum Et Repertum Tindak Pidana Kesusilaan Di Rumah Sakit Bhayangkara Bondowoso

2019 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Achmad Jaelani Rusdi ◽  
Ancah Caesarina Novi M ◽  
Y. A. Triana Ohoiwutun
Keyword(s):  
Child Protection ◽  
Medical Records ◽  
Qualitative Method ◽  
Privacy Rights ◽  
Medical Confidentiality ◽  
Depth Interview ◽  
Research Findings ◽  
Victim Protection ◽  
The Law ◽  
The Republic

confidentiality management of Visum et Repertum (VeR) is compulsory for health service facility as the executor and guarantor for its patient medical confidentiality that, VeR is  executed merely by the authorities. Bhayangkara Hospital in Bondowoso is an institution under State Police of The Republic of Indonesia that is responsible for police medical administration including VeR. With regard to this, it is crucial that VeR confidentiality management should meet the regulation concerning victim’s privacy rights as the patient in health facility. Qualitative method was employed with empirical juridical approach obtained from observation and in depth interview with 11 informants determined by purposive sampling.  The research findings reveals that the urgent of  VeR confidentiality of the victims of decency crime adheres the Law of Witness and Victim Protection, law of child protection and Law of domestic violence. The VeR of the victim of decency crime in Bhayangkara Hospital in Bondowoso has obeyed the law in terms of victim confidentiality, management of execution, report and VeR medical records of decency crime. However,  based on Law on Hospital and Ministry of Health’s Regulation on Medical Records, it is mentioned that Medical Records Unit is also supposed to be responsible for the management, reports, and VeR recording in Bhayangkara Hospital Bondowoso.Keywords: Management, confidentiality, decency crime, hospital, VeR

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