scholarly journals Legal Status of Overseas Marriage Registration in the Perspective of Indonesian Marriage Law

2020 ◽  
Vol 14 ◽  
pp. 260-265
Author(s):  
Muhammad Romli ◽  
Thohir Luth ◽  
Rachmi Sulistyarini ◽  
Siti Hamidah
Keyword(s):  
Legal Status ◽  
Public Order ◽  
The Internet ◽  
Legal Certainty ◽  
Marriage Law ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Legal Principles ◽  
Materials Used ◽  
One Year

This study aims to analyze the legal status of overseas marriage registration from the perspective of Indonesian marriage law. Law Number 16 of 2019, amendments to Law Number 1 of 1974 concerning Marriage, states that marriages conducted by Indonesian citizens outside Indonesia are legal if carried out according to law. which applies in the country where the marriage is taking place and for Indonesian citizens does not violate the provisions of the Marriage Law. Furthermore, within 1 (one) year after the husband and wife return to the territory of Indonesia, proof of their marriage must be registered at the marriage registration office where they live. There is still a problematic status of the registration law, whether it makes the validity of the marriage or is it only limited to the administrative order. This research uses a conceptual approach, a statutory approach, a historical approach and a philosophical approach. Legal materials used in this study consist of primary legal materials, secondary legal materials and tertiary legal materials which are normative in nature by searching, collecting and studying literature and documents, both conventionally and via the internet. The results of this study are the legal status of marriage registration abroad in the perspective of Indonesian marriage law, precisely in Article 56 of Law no. 16 of 2019 amendments to Law no. 1 of 1974 concerning Marriage, it can be concluded in general that the legal status of overseas marriage registration still does not provide legal certainty regarding the validity of marriage except for the extent of an administrative order. And there are three legal principles in Article 56 of the Marriage Law, namely: the lex patriae principle, the lex loci celebration principle and the principle of public order.  

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

scholarly journals Ratio legis of special minimum limit regulation in narcotics law

2021 ◽  
Vol 10 (7) ◽  
pp. 423-431
Author(s):  
Indra Kusuma Haryanto ◽  
Sudarsono Sudarsono ◽  
Bambang Sugiri ◽  
Abdul Rachmad Budiono
Keyword(s):  
Criminal Policy ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Form Of Life ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Government ◽  
Materials Used ◽  
Policy Systems ◽  
Maximum Minimum

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH DALAM SISTEM HUKUM PERKAWINAN INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

scholarly journals Pengaturan Rangkap Jabatan Notaris dengan Anggota Dewan Perwakilan Rakyat

2020 ◽  
Vol 4 (2) ◽  
pp. 250
Author(s):  
Bima Ridho Halim ◽  
Rachmi Sulistyarini
Keyword(s):  
House Of Representatives ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Notary Public ◽  
Materials Used ◽  
Evaluation Techniques ◽  
The Ideal ◽  
Laws And Regulations

The purpose of writing this article is to discuss the harmonization of regulation towards a double position of notary and members of the House of Representatives and the ideal formulation of regulations regarding dual notary positions. The method used is normative legal research with a statutory approach, a comparative approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed using grammatical, systematic, interpretation, explanatory, and evaluation techniques. Harmonization of laws and regulations relating to someone who holds a concurrent position as a notary and a member of the House of Representatives is very important to meet legal certainty. The notary who is elected as a member of the House of Representatives must release his position as a notary public. Notaries can be re-becoming a notary public if they are no longer members of the House of Representatives.

scholarly journals LEGAL STATUS OF BANK GUARANTEE ON BEHALF OF THIRD PARTIES IN BANKRUPTCY PERSPECTIVE

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Rahayu Hartini
Keyword(s):  
Key Words ◽  
Legal Status ◽  
Third Parties ◽  
Third Party ◽  
Bankruptcy Law ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Norms ◽  
International Bank ◽  
Ratio Decidendi

<p align="center"><strong>Abstract</strong></p><p>This study aimed to observe the legal status of the immovable that became a bank guarantee on behalf of third parties in the bankruptcy and whether the curator has the authority to insert objects that have been done Collateral guarantees which Foreclosed (hereinafter referred AYDA) prior to the bankruptcy decision boedel into bankruptcy.The method used is a normative research using three approaches: statute approach, conceptual approach, case approach, and analyzed "conten analysis". Based on the discussion of the results of research obtained the following conclusions: 1). The collateral property of a third party cannot be entered as boedel bankrupt debtor, as a third party guarantee is not a property of the Borrower; It is used as the basis of legal considerations (ratio decidendi) for the judges to decide the case of bankruptcy among Curator Albert Riyadi Suwono (applicant bankruptcy) with PT. Anglomas International Bank (AMIN BANK). 2). Curators do not have the authority to push objects of collateral that has been done AYDA prior to the bankruptcy decision into boedel bankrupt (pursuant to Article 56 Paragraph (1) the Bankruptcy Law that provides a period of suspension of execution rights guarantees security rights 90 (Ninety) days. In order not occur: legal norms are vague (vegen norm) and the conflict of norms and have an impact on the lack of legal certainty. Hence the need to revise the unprotected substrate of law No. 37 of 2004 on Bankruptcy and PKPU. Particularly with respect to Article 55 paragraph (1) and Article 56 paragraph (1).</p><p><strong>Key words: </strong>legal status, bank guarantee, foreclosed properties, third party</p>

AN OVERVIEW OF THE JUDICIAL MONITORING AND SUPERVISION URGENCY IN MAKING CLEAN JUDICIARY

2021 ◽  
Vol 4 (1) ◽  
pp. 48-59
Author(s):  
Yulia Monita ◽  
Nys Arfa ◽  
Elizabeth Siregar
Keyword(s):  
Legal Certainty ◽  
Legal Research ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Legal Rules ◽  
The People ◽  
Materials Used ◽  
Measuring Tool

A clean judiciary is the hope of all levels of Indonesian society. A clean judiciary is a court that carries out its duties and functions based on the provisions of the applicable laws and prioritizes legal certainty, justice, and benefit. This study aims to see how regulating and changing forms of judicial supervision and warning in realizing clean justice and to answer whether other legal rules are still needed to strengthen the role of the people who participate in and monitor the judicial path. This research is normative legal research, it is a study that examines matters of a theoretical nature, principles, conceptions, legal doctrine, and legal principles related to judicial supervision and supervision in the context of realizing a clean judiciary. Meanwhile, the legal materials used are primary, secondary, and tertiary legal materials and their sources. The results of this research are a) judicial monitoring and supervision should be done in order to conduct a clean judiciary, b) monitoring and supervising are done not to intervening the results of courts decisions but as a measuring tool to what extent the decisions are fair to the society, c) there are still several judges' decisions which, according to society, are controversial, illustrating the public's distrust of the judiciary.

scholarly journals Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

2020 ◽  
Vol 9 (3) ◽  
pp. 182-190
Author(s):  
Hendra Kurnia Putra ◽  
Sudarsono Sudarsono ◽  
Istislam Istislam ◽  
Aan Eko Widiarto
Keyword(s):  
Comparative Law ◽  
Legal Basis ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Secondary Sources ◽  
Legal Legitimacy ◽  
Governmental Power ◽  
Materials Used ◽  
Laws And Regulations

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

scholarly journals Perubahan Status Jenis Kelamin dalam Perspektif Hukum Positif di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 74-78
Author(s):  
I Nyoman Satria Perwira ◽  
Ida Ayu Putu Widiati ◽  
Diah Gayatri Sudibya
Keyword(s):  
Sex Change ◽  
Legal Regulation ◽  
District Court ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Local District ◽  
Legal Perspective ◽  
Gender Status ◽  
Physical Examinations ◽  
Materials Used

Sexual abnormalities are caused by abnormalities in a person's hormones. Transsexuals have the desire to change their sex by means of surgery, which can be done in accordance with applicable procedures. Until now, Indonesia does not have a legal regulation regarding changing the sex status of a transgender person who performs sex surgery, because there are no rules on changing gender status, it creates a vacuum of norms and causes people to still underestimate a transgender person. Change of gender status can be made by submitting the application to the District Court. This study aims to explain the procedure for sex change in Indonesia and the legality of sex change from a positive legal perspective in Indonesia. This research used normative research and a conceptual approach. The sources of legal materials used were primary, secondary, and tertiary legal materials. Data obtained through documentation and recording techniques then analyzed systematically. The results showed that the change in gender status in Indonesia has several stages such as undergoing counseling, psychiatric examinations, andrology examinations, physical examinations, psychoreligious counseling, and others of an administrative nature. Not everyone can perform genital surgery, there are several conditions that must be met to get legality or legal certainty that a transgender person can file it in a local district court, this is done to get legal recognition.

scholarly journals Implementation of Legal Protection of Confidential obligation Notary In Running Position

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 223
Author(s):  
Djuniatno Hasan ◽  
Gunarto Gunarto
Keyword(s):  
Good Description ◽  
Legal Protection ◽  
The State ◽  
The Other ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Past ◽  
The Law ◽  
Materials Used ◽  
Future 2

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.

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