scholarly journals ANAK DI BAWAH UMUR SEBAGAI WALI NIKAH: SUATU KONSEKUENSI HUKUM DAN URGENSITAS URUTAN PERWALIAN

2020 ◽  
Vol 2 (2) ◽  
pp. 140-153
Author(s):  
Hasyim Harun

AbstractThis research examines the position of underage children who act as guardians in marriage, by looking at the legal implications and urgency of guardianship hierarchy in fiqh munakahat. The purpose of this study is to strengthen the normative analysis of the absolute position of a guardian in marriage. The method in this research is literature review, with a normative theological approach and descriptive analysis.The findings of this study show that children who are not old enough are not legal guardians in marriage. The legal implication can affect the validity of the marriage. In the urgency of guardianship, underage children may be in the closest position in the guardianship hierarchy, but children who are underage do not fulfill the absolute requirements of a guardian in marriage, so their guardianship rights are automatically terminated.Keywords: Children; Guardian of marriage; Legal Consequences; Trusteeship order.

2019 ◽  
Vol 16 (1) ◽  
pp. 23
Author(s):  
Aan Eko Widiarto

Undang-Undang Dasar Negara Republik Indonesia 1945 (UUD 1945) Pasal 24C ayat (6) menentukan bahwa hukum acara serta ketentuan lainnya tentang Mahkamah Konstitusi diatur dengan undang-undang. Berdasarkan ketentuan tersebut jelas bahwa hukum cara Mahkamah Konstitusi diatur dengan undang-undang. Makna frasa "diatur dengan" menurut Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan materi muatan itu harus diatur hanya di dalam Peraturan Perundang-undangan yang didelegasikan dan tidak boleh didelegasikan lebih lanjut ke Peraturan Perundang-undangan yang lebih rendah (subdelegasi). Pokok permasalahan yang penting diteliti adalah apa implikasi hukum pengaturan hukum acara Mahkamah Konstitusi dalam bentuk Peraturan Mahkamah Konstitusi. Sesuai dengan permasalahan yang diangkat, penelitian ini adalah penelitian doktrinal atau juga disebut sebagai penelitian normatif. Pendekatan yang digunakan adalah pendekatan teoretis (theoretical approach), dan pendekatan konseptual (conceptual approach). Implikasi hukum pengaturan hukum acara Mahkamah Konstitusi dalam bentuk Peraturan Mahkamah Konstitusi berdasarkan hasil penelitian ini teridentifikasi ada 3 (tiga), yaitu: ketidakpastian hukum, pelanggaran hierarki peraturan perundang-undangan, dan ketiadaan tertib hukum. Akibat ketiga implikasi hukum tersebut maka penyelenggaraan wewenang dan kewajiban Mahkamah Konstitusi menjadi tidak sah. Namun demikian mengingat asas kemanfaatan dan asas praduga rechtsmatig maka selama memberi mandat dan sampai dengan belum ada pembatalan Peraturan Mahkamah Konstitusi maka tindakan MK selalu harus dianggap benar.1945 Constitution (UUD 1945) Article 24C Paragraph (6) provides that the procedural law and other provisions concerning the Constitutional Court shall be regulated by act. Based on these provisions it is clear that the law of the way the Constitutional Court is regulated by act. The meaning of the phrase "governed by" pursuant to Act No. 12 of 2011 concerning the Establishment of the Acts and Regulations on the contents of the content shall be regulated only in the delegated Legislation and shall not be further delegated to the lower Legislation Regulations (subdelegations ). The main issue that is important to examine is what is the legal implication of regulation of procedural law of the Constitutional Court in the form of Constitutional Court Regulation not in an Act. In accordance with the issues raised, this study is a doctrinal research or also referred to as normative research. The approaches are theoretical approach, and the conceptual approach. The legal implications of the procedural law setting of the Constitutional Court in the form of Constitutional Court Regulation based on the results of this study are identified there are 3 (three), namely: legal uncertainty, violation of legal hierarchy of regulations, and absence of orderly law. As a result of these three legal implications, the legal consequences for the implementation of the authority and duties of the Constitutional Court become invalid. However, considering the principle of expediency and presupposition principle of rechtsmatig then as long as giving benefit and until there is no cancellation of the Constitutional Court Regulation, the action of the Constitutional Court must always be considered true.


2021 ◽  
Vol 16 (12) ◽  
pp. T12005
Author(s):  
J. Nagata ◽  
S. Yamamoto ◽  
Y. Noguchi ◽  
T. Nakaya ◽  
K. Okudaira ◽  
...  

Abstract In high-dose-rate (HDR) brachytherapy, verification of the Ir-192 source's position during treatment is needed because such a source is extremely radioactive. One of the methods used to measure the source position is based on imaging the gamma rays from the source, but the absolute position in a patient cannot be confirmed. To confirm the absolute position, it is necessary to acquire an optical image in addition to the gamma ray image at the same time as well as the same position. To simultaneously image the gamma ray and optical images, we developed an imaging system composed of a low-sensitivity, high-resolution gamma camera integrated with a CMOS camera. The gamma camera has a 1-mm-thick cerium-doped yttrium aluminum perovskite (YAIO3: YAP(Ce)) scintillator plate optically coupled to a position-sensitive photomultiplier (PSPMT), and a 0.1-mm-diameter pinhole collimator was mounted in front of the camera to improve spatial resolution and reduce sensitivity. We employed the concept of a periscope by placing two mirrors tilted at 45 degrees facing each other in front of the gamma camera to image the same field of view (FOV) for the gamma camera and the CMOS camera. The spatial resolution of the imaging system without the mirrors at 100 mm from the Ir-192 source was 3.2 mm FWHM, and the sensitivity was 0.283 cps/MBq. There was almost no performance degradation observed when the mirrors were positioned in front of the gamma camera. The developed system could measure the Ir-192 source positions in optical and gamma ray images. We conclude that the developed imaging system has the potential to measure the absolute position of an Ir-192 source in real-time clinical measurements.


2009 ◽  
Vol 13 (2) ◽  
pp. 96-101 ◽  
Author(s):  
Ari-Nareg Meguerditchian ◽  
Richard T. Cheney ◽  
John M. Kane

Background: Nevus spilus is a rare, acquired, and often large cutaneous lesion consisting of a light brown background macule containing varying numbers of small darker macular or papular areas. Objective: Nevus spilus may contain dysplastic melanocytic elements, and there are also reports of melanoma arising from nevus spilus. However, the absolute risk for malignant transformation is not well defined. Conclusion: We discuss a case of synchronous melanomas arising from a nevus spilus and potential management recommendations based on a review of the pertinent literature.


Al-Mizan ◽  
2019 ◽  
Vol 15 (2) ◽  
pp. 316-341
Author(s):  
Yunus I. M. Umar

Marriage registration is important in marriages in Indonesia because it can have legal consequences for those who carry out marriages. This study discusses the form of negligence of marriage registration in underage marriages in Gorontalo District and the legal consequences that occur due to negligence of marriage registration in age marriages in Gorontalo Regency. This research is a field research with a juridical and sociological approach. The collection of data in the form of observations at the study site, interviews with employees of the Office of Religious Affairs, parents and underage marriages with 182 respondents, as well as literature review. The results showed: First, the form of negligence in the registration of marriages in Gorontalo Regency, namely the negligence of parents, the negligence of children and the negligence of marriage registration officers; Second, due to the legal consequences caused by negligence in registering underage marriages in Gorontalo District, namely the legality of child marriages, divorce is easy, rejection of marriage dispensation, repeating the marriage contract and marriage without the presence of government officials.


1988 ◽  
Vol 11 ◽  
pp. 89-94 ◽  
Author(s):  
D. Möller ◽  
B. Ritter

The glacial geodetic contribution to the mass balance and dynamics of ice shelves includes repeated determinations of the absolute position (ϕ,λ,Η) of selected points (using satellite methods), the establishment of relative positions (y,x,Δh) in deformation figures, and height measurements. The results are used to establish ice-flow velocities and directions, strain and rotation rates, and changes in height. Modelling of deformation parameters at a few points over a large ice shelf is made possible by the collocation method. Results of these observations and analysis of Ekström Ice Shelf for the period 1979–87 are reported.


Author(s):  
Ni Wayan Desi Aryanti

This  journal  entitled  “Comparative  Study  Concerning  The  Principles  of  Government’s Shares in State Owned  Enterprise”.  Problems  being research  in this thesis are, first: the legal standing of the state’s equity in Persero according to Indonesian corporate law and its comparison to Singapore corporate law. The second problem, what are legal implications of the government’s shares in Persero. The  method  being  used  is  normative  legal  research  through  legislation  and  regulation approach  and  comparative  approach.  Legal  materials  used  are  primary  legal  materials, legal materials and secondary and tertiary legal materials, the analysis done by descriptive, evaluative, interpretative, analytical and argumentative. This research shows that according  to Indonesian  corporate law, the state’s equity being placed in Persero   belongs to Persero and according to Singapore Law, the government’s equity being  placed  in  Persero  as the Government  Linked  Company  belongs  to the said company.  Legal consequences of the government equity in Persero are: the management of the said equity is no longer subject to state budget’s principals but to good corporate government principals; contracts made by Persero binds Persero and not the government, hence compliance and liability arising from the said contracts are Persero’s liability only and therefore Persero’s claim arising from contracts belong to the said Persero. However, in practical level, there are still some inconsistency in Persero’s equity treatment (i.e. financial audit and Persero’s inability to act as the guarantor to another company). On  the  other  side,  the  Government  of  Singapore’s  equity  in  Temasek  is  managed  by corporate mechanism and almost without government intervention (except for past reserves). Therefore  Temasek  is  free  to  make  any  contract  with  third  parties  and  can  act  as  the guarantor for its subsidiary.


Author(s):  
I Gusti Ngurah Wairocana ◽  
I Ketut Sudiarta ◽  
I Wayan Bela Siki Layang ◽  
Kadek Agus Sudiarawan ◽  
I Gede Pasek Pramana

The establishment of Government Administration Law brings significant change to the competence of the previously restricted Administrative Court to become expanded. This study aims to find the philosophical considerations from the extension of Administrative Decision meaning on Government Administration Law, to classify the legal implication arising from the regulation of the expansion of administrative decision meaning towards dispute submission process in Administrative Court and to formulate ideal attitude of the State Administrative Judge in resolving State Administrative Disputes. This is a combination of normative and empirical legal research. The study indicated that the legislator main consideration in regulating the expansion of administrative decision meaning on Government Administration Law is to expand the absolute competence of Indonesian Administrative Court which previously felt very narrow. The implication arises after new regulation consists of: the expansion of Administrative Court adjudicate authority for factual actions, subject expansion that have the authority to issue Administrative Decision, the expansion of the Administrative Court adjudicate authority over Administrative Decision which has a legal consequences although still need the approval from above instance, the regulation that Administrative Decision can be sued through the Administrative Court of any potential loss that may arise by the issuance of its Administrative Decision and the expansion towards the parties who have a chance to field a State Administrative accusation. The ideal attitude of State Administrative Judge is the judge should remain based on the strong theoretical concepts of the law so can create understanding and attitude in handling a case in Indonesian Administrative Court.


2007 ◽  
Vol 3 (S242) ◽  
pp. 338-339
Author(s):  
J.-F. Desmurs ◽  
C. Sánchez Contreras ◽  
V. Bujarrabal ◽  
J. Alcolea ◽  
F. Colomer

AbstractWe report high-resolution observations of H2O, 61,6−52,3 and 28SiO v=2, J=1-0 maser emissions obtained with the Very Long Baseline Array in the bipolar pre-planetary nebulae OH 231.8+4.2 (see Desmurs et al., 2007). A phase referencing technique was used to recover the absolute position of both emissions. We detected two groups of water vapour emission oriented nearly north-south. SiO masers are tentatively found to be placed between the two H2O maser emitting regions.


Open Medicine ◽  
2016 ◽  
Vol 11 (1) ◽  
pp. 518-522 ◽  
Author(s):  
Alessia Ferrarese ◽  
Claudio Buccelli ◽  
Giuseppe Addeo ◽  
Emanuele Capasso ◽  
Adelaide Conti ◽  
...  

AbstractThe surgical education in Italy has always been a very important issue. The aim of this article is to bring together the feedback of the definitions of the various components of the learning scheme and to evaluate the importance of the legal point.In March 2016 we performed a literature review. We have also examinated the internet pages of the Italian Department of Education, Health and Medical Order.In Italy the tutor had an unclear role from a legal point of view. He is the person who must be able to perform a specific procedure with expert technical and who must know how to stop the student if this is about to perform a dangerous maneuver. In Italy the ability to work for the trainee is limited in all reality, it depends on several factors including the increase of numbers of medical-legal disputes, the timing, the commitment it requires mentoring and a lack of mentors.Conclusion: In surgery, the problem is greater because of the increasingly of medico-legal implications that we are after surgical procedure. It would be necessary to define a role of the tutor in a regular protocol and a proper assessment of his performance.


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