scholarly journals AKIBAT HUKUM PERKAWINAN SIRI TERHADAP HARTA KEKAYAAN DI DUSUN TAIPALAMPANG DESA BALUMBUNGANG KECAMATAN BONTORAMBA KABUPATEN JENEPONTO

2021 ◽  
Vol 4 (1) ◽  
pp. 1-11
Author(s):  
Agusniar Basoddin ◽  
Yulia A. Hasan ◽  
Zulkifli Makkawaru
Keyword(s):  
Dispute Resolution ◽  
Qualitative Method ◽  
Law And Society ◽  
Applicable Law ◽  
The Status ◽  
The Law ◽  
The Right ◽  
Resolution Property ◽  
Legal Marriage ◽  
Laws And Regulations

Penelitian ini bertujuan untuk mengidentifikasi tentang status harta pada perkawinan siri dan penyelesaian sengketa harta kekayaan pada perkawinan siri. Penelitian ini menggunakan metode kualitatif, yang bersumber dari data responden, pembagian angket dan wawancara serta  bahan-bahan dari pustaka yang berlaku dan berkaitan dengan status harta kekayaan pada perkawinan siri yang terjadi di Dusun Taipalampang Kecamatan Bontoramba Kabupaten Jeneponto. Hasil penelitian ini menunjukkan bahwa fenomena perkawinan siri yang terjadi pada Dusun Taipalampang bisa menimbulkan  berbagai macam permasalahan dari aspek hukum dan lingkungan masyarakat. Perkawinan siri menurut Pasal 2 ayat (1) Undang-Undang Perkawinan No 1 Tahun 1974, perkawinan yang  sah adalah perkawinan yang dilakukan menurut hukumnya masing-masing agama dan kepercayaannya. Pada pasal tersebut undang-undang perkawinan menyerahkan syarat sahnya perkawinan dilihat dari sudut agama. pada perkawinan siri terdapat cacat administrasi karena pada pasal 2 ayat (2) UUP  dijelaskan bahwa tiap-tiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku sehingga apabila terjadi permasalahan pada sengketa perkawinan dapat diselesaikan dengan berdasarkan hukum yang berlaku. Diketahui bahwa pencatatan perkawinan merupakan salah satu bukti konkrit yang dapat digunakan untuk membuktikan apakah benar telah terjadi perkawinan, dengan adanya pencatatan juga memudahkan Pengadilan Agama menyelesaikan sengketa harta kekayaan apabila terjadi perceraian. Karena pada perkawinan siri tersebut sulit untuk menentukan status harta kekayaan dalam hukum apabila perkawinan tidak tercatat. This study aims to identify the status of property in unregistered marriage “nikah siri” and dispute resolution property on the unregistered marriage. This study uses a qualitative method, which is sourced from the data of respondents, the distribution of questionnaires and interviews as well as materials from the literature, which are valid and related to the status of property on unregistered marriage that happens in Taipalampang, Bontoramba District, Jeneponto Regency. The results of this study show that the phenomenon of “nikah siri” which happens in Taipalampang can cause a variety of problems from the aspect of law and society. Unregistered marriage, according to Article 2, paragraph (1) of the Marriage Law No. 1 Year 1974, a legal marriage is a marriage conducted according to the law of each religion and beliefs. In the chapter of the laws of marriage handed over the terms of the validity of a marriage is seen from the angle of religion. On Unregistered marriage, there are defects in administration because article 2, paragraph (2) UUP explains that every marriage is recorded according to the laws and regulations that apply so that in case of problems in a marital dispute can be resolved with the under applicable law. Be aware that the registration of marriage is one of the concrete pieces of evidence that can be used to prove whether the right has occurred to the marriage, with the recording also facilitating Religious Court resolve the dispute assets if they divorce. Because ‘nikah siri” is difficult to determine the status of the assets in the law if the marriage is unregistered.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Kriteria Calon Pemimpin Negara dan Mekanisme Pencalonannya di Negara Republik Indonesia dalam Pandangan Fiqih Siyasah

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Tofa Fidyansyah ◽  
Siti Ngainnur Rohmah
Keyword(s):  
Presidential Election ◽  
Qualitative Method ◽  
Legal Theory ◽  
Major Influence ◽  
The Political ◽  
Court Decisions ◽  
Direct Elections ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

Leadership has a major influence on the political and state life of a nation. A leader will also determine the progress and retreat of a country. This paper provides an understanding of the criteria for candidate state leaders whose mechanisms have been determined in the laws and regulations of the Republic of Indonesia and the criteria for candidate state leaders in the view of fiqh siyasah. This study uses a qualitative method with a literature approach. The data in this study were obtained from binding legal materials consisting of legislation, court decisions, legal theory, books, scientific writings and legal journals. The results of this study state that the criteria for candidates for state leaders in the Republic of Indonesia as stated in the laws and regulations have several similarities with the criteria for candidate leaders according to Fiqih Siyasah, the presidential election of the Republic of Indonesia in the period before 2009 was carried out with the concept of Bay'at Ahl al-Hall wa al-'Aqd, the presidential election is carried out in the deliberations of the people's representatives who are in the People's Consultative Assembly (MPR), appointed by the assembly, and when the term of office ends, an accountability report will be asked to the assembly that appointed it. The presidential election of the Republic of Indonesia, in the period after 2009 was carried out by way of direct elections through elections, all levels of society who have the right to vote can make their choice directly, no longer through representatives by people's representatives. But the weakness is that the elected president is not asked to report an accountability report at the end of his term of office.Keywords: Criteria for prospective leaders, mechanisms, fiqh siyasah. AbstrakKepemimpinan berpangaruh besar terhadap kehidupan berpolitik dan bernegara suatu bangsa. Seorang pemimpin juga akan menentukan maju mundurnya sebuah negara. Tulisan ini memberikan pemahaman bagaimana kriteria calon pemimpin negara yang sudah ditetapkan mekanismenya dalam peraturan perundang-undangan Republik Indonesia dan kriteria calon pemimpin negara dalam pandangan fikih siyasah. Penelitian ini menggunakan metode kualitatif dengan pendekatan literatur. Data dalam penelitian ini diperoleh dari bahan-bahan hukum yang mengikat yang terdiri dari perundang-undangan, keputusan pengadilan, teori hukum, buku-buku, tulisan-tulisan ilmiah dan jurnal hukum. Hasil penelitian ini menyatakan bahwa kriteria calon pemimpin negara di Republik Indonesia yang tertuang dalam peraturan perundang-undangan memiliki beberapa persamaan dengan kriteria calon pemimpin menurut Fiqih Siyasah, Pemilihan presiden Republik Indonesia dalam kurun waktu sebelum tahun 2009 dilaksanakan dengan konsep Bay’at Ahl al-Hall wa al-‘Aqd, pemilihan presiden dilakukan di dalam musyawarah para wakil rakyat yang berada di dalam Majelis Permusyawaratan Rakyat (MPR), diangkat oleh majelis, dan ketika berakhir masa jabatan akan dimintai laporan pertanggung jawaban kepada majelis yang mengangkatnya. Pemilihan presiden Republik Indonesia, dalam kurun waktu sesudah tahun 2009 dilakukan dengan cara pemilihan langsung melalui pemilu, semua lapisan masyarakat yang mempunyai hak pilih bisa menentukan pilihannya secara langsung, tidak lagi melalui perwakilan oleh wakil rakyat. Tetapi kelemahannya  presiden terpilih tidak dimintai laporan pertanggung jawaban di akhir masa jabatan. Kata kunci : Kriteria calon pemimpin, mekanisme, fiqih siyasah. 

scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

2020 ◽  
pp. 86-90
Author(s):  
Zhou Heng
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Public Officials ◽  
Standing Committee ◽  
The Status ◽  
Right To Vote ◽  
The Law ◽  
The Right ◽  
People's Congress

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

Patients Who Refuse Treatment

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Essential Element ◽  
Informed Choice ◽  
Sufficient Information ◽  
The Status ◽  
Distorted Version ◽  
The Law ◽  
Right To Refuse Treatment ◽  
The Right ◽  
Right To Refuse

From its inception, the law of informed consent has been based on two premises: first, that a patient has the right to receive sufficient information to make an informed choice about the treatment recommended; and second, that the patient may choose to accept or to decline the physician’s recommendation. The legitimacy of this second premise should be underscored because it is too often belied by the everyday language of medical practice. Getting a consent is medical jargon that implies that patient agreement is the only acceptable outcome. Indeed, the term informed consent itself suggests that patients are expected to agree to be treated rather than to decline treatment. Unless patients are viewed as having the right to say no, as well as yes, and even yes with conditions, much of the rationale for informed consent evaporates. Nonetheless, the medical profession’s reaction to patients who refuse treatment often has been less than optimal. The right to refuse treatment is frequently ignored in practice because it is inconsistent with the history and ethos of medicine (1,2). Physicians are trained to treat illness and to prolong life; situations in which they cannot do either—not because of limitations of knowledge or technology, but because patients or third parties reject their recommendations for care—evoke profound feelings of frustration and even anger. It would not be too much to suggest that these confrontations challenge an essential element of the medical identity. Physicians’ reactions to these situations are varied. Some will contend with patients over their refusal, while others, having assimilated a distorted version of patients’ right to refuse treatment, may too quickly abandon their patients to the consequences of their choices, thereby depriving them of the guidance for which patients traditionally have turned to their physicians. Regardless of the quality of care offered to patients or the degree of concern of those who treat them, some patients will have reasons of their own to decline treatment. Before considering how clinicians might respond to these situations, this chapter reviews the status of the law regarding treatment refusal, surveying a legal landscape that has seen dramatic changes in the last decade.

The Meaning and Liberal Justifications of Israel's Law of Return

2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst
Keyword(s):  
National Identity ◽  
The State ◽  
Reasonable Expectation ◽  
Jewish Immigration ◽  
The Status ◽  
The Law ◽  
The Right ◽  
Law Of Return ◽  
State Of Israel ◽  
Land Of Israel

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

scholarly journals Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Family Life ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Life ◽  
Adopted Child ◽  
Sociological Approach ◽  
Inheritance System ◽  
The Law ◽  
The Right ◽  
Legal Marriage

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

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