scholarly journals Perkawinan Yang Dicatatkan Pada Kantor Catatan Sipil Tanpa Melakukan Upacara Keagamaan

2020 ◽  
Vol 2 (1) ◽  
pp. 109-124
Author(s):  
A.A Poetri Paraniti
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Main Principle ◽  
Marriage Law ◽  
Legal Research ◽  
Male And Female ◽  
Legal Marriage

Marriage is one of the important events in human life. Every person orpartner (male and female) if they have married then there is a bond of obligationand rights between them and children born from the marriage. Article 2 paragraph(1) of the marriage law that a marriage carried out according to each religion isthe main principle of a legal marriage. The formulation of the problem in this studyis a. What is the authority of the Desa Adat Institution in Bali in determining themarriage conditions before being registered. b. What are the Terms of MarriageAccording to Customary Law of Bali. that method. by using empirical legalresearch methods, namely legal research conducted because of the gap between theory and reality. In order for marriage to be considered legal as customary, itmust carry out Tri Upa Witness, namely Manusa Witness, Buta Witness, and Godof Witness. And administration must be recorded in the civil registry office.

scholarly journals The Validity Of Marriages Agreement Made After Ongoing Based Marriage Law In Indonesia

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 937
Author(s):  
Intan Fajriyanti ◽  
Munsharif Abdul Chalim
Keyword(s):  
Civil Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Law ◽  
Legal Research ◽  
Research Results ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

Mating agreement has been stipulated in Article 29 of Act No. 1 Of 1974. Married to the present agreement remains in the society. The problems examined in this study is: what are the factors occurrence marriage agreement, how the validity of the agreement to marry, and the legal consequences mating agreement executed after the course of the marriage. The method used is a normative legal research. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act include the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016, and at the conclusion of research results mating agreement made after the course of a legal marriage do not violate the boundaries of the law, religion, and morality.Keywords: Agreement; Mating Agreement; Marriage Law.

scholarly journals Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm

2020 ◽  
Vol 2 (1) ◽  
pp. 45-60
Author(s):  
Muhammad Amin Hanafi ◽  
Absori Absori ◽  
Khudzaifah Dimyati ◽  
Ajid Abdul Syawal ◽  
Arief Budiono
Keyword(s):  
Law Enforcement ◽  
Human Life ◽  
Qualitative Approach ◽  
Customary Law ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Illegal Fishing ◽  
Bay Area ◽  
Long Time ◽  
The Law

Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law. Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach

scholarly journals Penyelesaian Sengketa Tanah Pekarangan Desa di Desa Adat Sulahan Kecamatan Susut Kabupaten Bangli

2020 ◽  
Vol 1 (2) ◽  
pp. 78-83
Author(s):  
I Putu Ade Surya ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Human Life ◽  
Economic Value ◽  
Customary Law ◽  
Legal Research ◽  
Land Dispute ◽  
Land Disputes ◽  
Close Relationship ◽  
The Law ◽  
Customary Land ◽  
The Right

Land in human life has a very important role because it is a source of welfare, prosperity and life. In addition, land has a close relationship with humans because land has economic value for human life and can produce natural resources for many people. There are 2 (two) rights to land in customary law, namely the right to land controlled by individuals and the right to land controlled by customary law communities or customary land. Based on this, the formulation of the problem can be taken as follows: (1) How is the existence of the village yard land in the awig-awig of Sulahan Traditional Village, Susut District, Bangli Regency? (2) How is the settlement of a village yard land dispute case in the Sulahan Traditional Village, Susut District, Bangli Regency? The research method used is empirical legal research, namely legal research which functions to see the law in a real sense and to examine how the law works in society. The approach to the problem used is in the form of a sociology of law approach, which is a legal research that examines legal facts that exist in society. The results showed that the settlement of village yard land disputes in the Sulahan Traditional Village was usually resolved by kinship with Bendesa Adat acting as the mediator. Mediation carried out by Prajuru of Sulahan Traditional Village in resolving village yard land disputes that occurred in Sulahan Traditional Village was carried out at Pura Desa Sulahan. The purpose of the mediation was carried out at the Sulahan Village Temple because of its strategic location. Before conducting mediation, the Prajuru Desa Adat and the disputing parties will hold a prayer first so that the mediation can run smoothly so that there are no disputes.

scholarly journals Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 72-76
Author(s):  
Kharisma Nanda Sattwika ◽  
Diah Gayatri Sudibya ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Cultural Values ◽  
Research Method ◽  
Human Life ◽  
Customary Law ◽  
Sociology Of Law ◽  
Legal Research ◽  
Tourist Destination ◽  
Marriage Patterns ◽  
The Government ◽  
Problem Formulations

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values ​​of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.

scholarly journals Kajian Yuridis Terhadap Perkawinan dibawah Umur

2021 ◽  
Vol 2 (1) ◽  
pp. 88-101
Author(s):  
Jakobus Anakletus Rahajaan ◽  
Sarifa Niapele
Keyword(s):  
Research Methods ◽  
Judicial Review ◽  
Islamic Law ◽  
Human Life ◽  
Legal Research ◽  
Policy Makers ◽  
Adult Age ◽  
Minimum Age ◽  
Age Limit ◽  
Legal Marriage

 Abstract Conducted research related to underage marriage, namely in the form of a juridical review using normative legal research methods, which analyze the provisions of laws and regulations related to the minimum age limit for a person. who can be granted permission to carry out the marriage. The results of our research can be abstracted as follows: Marriage is a very important and even sacred event in human life. A legal marriage, the requirements, among others, must meet the principle of consensualism or agreement (agreement) of the parties, as stated in article 6 paragraph 1 of the Marriage Law which reads, "Marriage must be based on the consent of the two prospective brides". furthermore according to Article 7 paragraph 1 of Law no. 1 of 1974 as amended by Law No. 16 of 2019 which requires that a marriage is legal if allowed by the parents of the parties, if the man and woman have reached the age of 19 years. The provisions of the Compilation of Islamic Law (KHI), article 15 paragraph 1 have not been adjusted to the provisions of Article I of Law no. 16 of 2019 concerning amendments to Law no. 1 of 1974, article 7 paragraph 1, will remain a problem that has the potential to violate the law, namely underage marriage as a marriage which is considered illegal based on the provisions of Law No. 16 of 2019. For this reason, policy makers in this republic must be able to immediately uniform or To harmonize various regulations regarding the adult age limit of a child and in particular the minimum age limit for people who wish to marry, at least, the provisions of Article 15 paragraph 1 of the KHI must be immediately revised and adjusted to the provisions of Article I of Law No.16 of 2019 concerning amendments to Article 7 paragraph 1 of Law No.1 of 1974 concerning Marriage, so that the legal layman can more clearly understand the meaning of the latest statutory provisions regarding the minimum age of 19 years for the prospective bride. Keywords: Judicial Review, Marriage, Underage

scholarly journals PASEMAYAN PAWIWAHAN DALAM PERKAWINAN HUKUM ADAT BALI

2021 ◽  
Vol 16 (2) ◽  
pp. 193
Author(s):  
Dewa Krisna Prasada
Keyword(s):  
Customary Law ◽  
Legal Action ◽  
Preventive Action ◽  
Marriage Law ◽  
Legal Research ◽  
Research Type

<p><em>Marriage in Balinese customary law is known as pawiwahan or wiwaha.  Marriage in national law is regulated in Law Number 1 of 1974. The biggest problem in marriage is divorce which ends in conflict over property, both congenital and collective assets.  Preventive action to prevent the above problems is by making a marriage agreement.  This research focuses on normative legal research type that puts emphasis on the vagueness of norms in the marriage law regarding marriage agreements and explores more clearly the form and content of the marriage agreement in Balinese customary law.  The result of this research is a form of marriage agreement, which is a written agreement made and legalized by a notary before the marriage is conducted.  The contents of the marriage agreement include the classification of inherited and joint assets of the parties.  In the making of this marriage agreement, good consequences are considered legally, psychologically, sociologically and culturally by the existence of this marriage agreement legal action.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: <em>Agreement, Marriage, Property</em></p><p> </p>

scholarly journals Keabsahan dan Akibat Hukum Perkawinan Penghayat Kepercayaan Pasca Terbitnya Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016

Notaire ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 441
Author(s):  
Safirah Oktavihana ◽  
Nindia Putri Prameswari
Keyword(s):  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Legal Research ◽  
Government Regulations ◽  
The Republic ◽  
Legal Marriage ◽  
Legal Consequences

Marriage is one of the process of human life as regulated in Article 28B paragraph (1) of the 1945 Constitution of the Republic of Indonesia and also regulated in Article 10 of the Human Rights Law. Marriages conducted by Believers are regulated and protected in the Adminduk Law and the implementing Government Regulations, but not accommodated in Law Number 1 of 1974 on Marriage which is the lex specialist of the regulations governing Marriage in Indonesia. This research uses normative legal research method whose main object is the legal substance of legal protection for Believers on the basis of recognition of belief according to the mandate of the 1945 NRI Constitution, due to incomplete norms and exclusive interpretation of the meaning of the words “God Almighty” and “and trust that”. This research is expected to provide an understanding to stakeholders regarding the validity of marriages conducted by Believers and provide administrative legal protection to Believer. The Constitutional Court Decision Number 97/PUU-XIV/2016 provides legal solutions and protection for Believers for administrative legal arrangements that have not fully protected the existence of believers in the God Almighty. After the issuance of Constitutional Court’s decision, the marriage of Believers was recognized as a legal marriage and brought good legal consequences for their offspring.Keywords: Legal Protection; Believer; Marriage; Law of Administration.Perkawinan adalah salah satu proses kehidupan manusia yang diatur dalam Pasal 28B ayat (1) UUD NRI Tahun 1945 dan diatur pula dalam Pasal 10 UU HAM. Perkawinan yang dilakukan oleh Penghayat Kepercayaan diatur dan dilindungi dalam UU Adminduk dan Peraturan Pemerintah pelaksananya, namun tidak diakomodir dalam UU Nomor 1 Tahun 1974 tentang Perkawinan yang merupakan lex specialis dari peraturan yang mengatur tentang Perkawinan di Indonesia. Penelitian ini menggunakan metode penelitian hukum normatif yang obyek utamanya adalah substansi hukum atas perlindungan hukum bagi Penghayat Kepercayaan atas dasar pengakuan Kepercayaan sesuai amanat UUD NRI Tahun 1945, akibat kekuranglengkapan norma dan penafsiran eksklusif makna kata “Ketuhanan Yang Maha Esa” dan “dan kepercayaannya itu”. Penelitian ini diharapkan dapat memberikan pemahaman kepada para stakeholder terkait Keabsahan Perkawinan yang dilakukan oleh Penghayat Kepercayaan dan memberi perlindungan hukum secara administratif kepada Penghayat Kepercayaan. Putusan Mahkamah Konstitusi Nomor 97/PUU-XIV/2016 hadir memberikan solusi dan perlindungan hukum bagi Penghayat Kepercayaan atas pengaturan hukum administratif yang belum sepenuhnya melindungi dari keberadaan pemeluk Kepercayaan terhadap Tuhan YME. Pasca terbitnya Putusan MK tersebut, perkawinan Penghayat Kepercayaan diakui sebagai perkawinan yang sah dan membawa akibat hukum yang baik bagi anak turunannya. Kata Kunci: Perlindungan Hukum; Penghayat Kepercayaan; Perkawinan; Hukum Administrasi.

scholarly journals HAK ATAS TANAH ADAT DAN PERMASALAHANNYA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 120
Author(s):  
WAYAN RESMINI
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Religious Leaders ◽  
Educational Approach ◽  
Economic Rights ◽  
Positive Law ◽  
The People ◽  
Land Disputes ◽  
Objective Understanding ◽  
Customary Land

Land for human life contains a multidimensional meaning, both in terms of social, economic, political and sacred aspects. Because it has a multidimensional meaning, unquestionably every person who owns land will defend his land in any way if his rights are violated.     Land disputes are not a new thing happening in the community. But the dimension of disputes is increasingly widespread in the present, including customary land in its development also has a new value, besides as a means of production, also as a means to speculate (economy) that land has become a commodity where economic transactions take place with expectations of margin (financial) trade in exchanged commodities.     Issues of customary land with a formal juridical approach will not achieve effective results. Law not merely customary is expected to overcome land problems that are so complex and too related to the application of existing laws and regulations. This is needed support with various efforts to ensure the fulfillment of the economic rights of the people, so that at least similar demands can be minimized in the future. In addition, a synergy of positive law in the land sector is needed with customary law in the community, namely (1) an objective understanding of State land, communal land and land rights is needed in the context of customary law and positive law. (2) The approach taken is a persuasive-educational approach and not imposing unilateral will. (3) the need for a cultural religious approach, which can be implemented through three (3) leadership elements, namely traditional leaders, religious leaders, and formal leaders who truly understand traditional law and positive law (UUPA and implementing regulations)

scholarly journals Legal Protection Regarding Medical Record of Prospective Workers in Job Recruitment Health Test

2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar
Keyword(s):  
Medical Record ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Legal Research ◽  
Existing Problems ◽  
Health Checks ◽  
Job Recruitment ◽  
Health Test ◽  
Laws And Regulations

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.

scholarly journals Perempuan dan Hukum dalam Masyarakat Hukum Adat Lampung Sebatin

2018 ◽  
Vol 10 (2) ◽  
pp. 197-125
Author(s):  
Zuhraini Zuhraini
Keyword(s):  
Women's Rights ◽  
Indigenous Communities ◽  
Customary Law ◽  
Women’S Rights ◽  
Gender Analysis ◽  
Marriage Law ◽  
Inheritance Law ◽  
Biological Determinism ◽  
Fair Principles

The interpretation of the Qur'an is often disputed. The terms of custom, culture and ideology is not one thing that descends from the sky. It is shaped by humans and socialized from one generation to other. Biological determinism has also reinforced the view. In such situations, the differences, discrimination, and injustice resulting from mistakes in understanding and interpreting the universal doctrine, create injustices against women, including the women’s rights and position in Lampung Sebatin customary law community. This article discusses the rights and position of women in Lampung Sebatin customary law community and the form of injustice for women in the society. The conclusion shows that, firstly, women's rights and position in Lampang Sebatin customary law community are far from fair principles. Not fair either in marriage law or inheritance law. Second, the form of injustice for women in indigenous communities of Lampung Sebatin, from gender analysis is marginalization, penomorduaan and labeling, violence, and excessive workload. 

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