Praktik Akad Nikah Bagi Mempelai Tunawicara dalam Perspektif Kompilasi Hukum Islam

The author is interested in researching the practice of the marriage contract with the bride and groom who have limitations in pronouncing the contract (impaired), from practice in the field it is often the case that the marriage contract of the non-verbal bride is carried out by a representative but without a clear power of attorney, it is not entirely wrong. Because sometimes both parties believe that there will be no dispute in the appointment of representatives. The bride and groom base the implementation of their marriage contract on the encouragement of the community, clerics, customs, and indeed an agreement between the two parties. The approach method used in this paper is a juridical-normative approach in the study of fiqh. A juridical approach by examining legal rules and a normative approach in the study of fiqh is used in analyzing problems that occur in society. For provisions that require the granting of power in writing, basically it is not stipulated in the book of fiqh. In fact, fiqh explicitly stipulates that it can be in the form of words (عبارة) or in written form. There is nothing wrong with the provisions stipulated by the Compilation of Islamic Law, which are promulgated, following the rules of al-maslahah al-mursalah which have been explained or the concept in the book of Bughyah al-Mustarsyidn which says that government decrees which are not forbidden by the Shari'a must be obeyed physically and mentally. If it is against the Shari'a, such as obliging something that is haram, then it is enough to obey outwardly. In article 17 paragraph (3) of the KHI which reads "For the prospective bride and groom who suffers from speech impairment or deafness, consent can be stated in writing or signs that can be understood," so without a power of attorney there is nothing wrong or allowed. What is clear is that the marriage is still valid, the KUA does not require the speech-impaired bride and groom to make or show a power of attorney.

LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

Analisis Maslahat terhadap Pertimbangan Hakim dalam Memutus Perkara Sengketa Harta Waris yang dihibahkan

The purpose of this study is to determine the basis for consideration of religious court judges and religious high judges in granting or rejecting applications for inheritance cases that have been granted. This type of research is library research (library research), descriptive research using qualitative methods. Whereas the power of attorney to compare M. Fadlil Hadi's power of attorney to Dr. M. Yaman, S.H., M.H. and Ramid, S.H. The date February 9 2018 is invalid. The limitation of presenting a grant as an illustration of a case regarding a lawsuit for inherited land disputes that has been granted in terms of the Maslahah Mursalahah, is to respect and fulfill a sense of justice for other war experts, even though the jurists do not. KHI is based on consideration of benefit (providing benefits) and avoiding harm.

The patient's order as a separate manifestation of his will

The article analyzes the issues of the patient's will in medical relations, it is proved that it is due to the expression of will to the proposed treatment (consent or refusal) that the patient is a full active participant in this relationship. However, his inability to express his will, temporary or irreversible, caused by the development of the disease, the peculiarity of its course may be an obstacle to determining his real desire for future treatment, medical intervention and jeopardize the violation or inability to exercise the patient's right to consent or refuse medical intervention. To avoid this, there is a certain legal institution in the legislation of a number of countries around the world, through which it is possible to plan your treatment in advance, to refuse it, in case of inability to do so in the future. In some legal systems, this institution has different names - "wishes made earlier", "medical will", "patient's will", "power of attorney to make decisions on health care", "patient orders" and so on. The paper analyzes the content of this institute, considers the views of scholars on it, made a comparative analysis with the legal construction of the "testament" and concluded that there are significant differences between these constructions, which makes it impossible, from the author's point of view, to call this will "testament". . It is proposed to consider such a will as one of the patient's rights - "patient order", which is made in writing by an adult - the patient, regardless of the type and stage of the disease in case of possible future inability to consent to medical examination, intervention or treatment. The patient has at his disposal not only his will for the future (list of medical procedures that are allowed to be performed in relation to his health, which are not), but also the case when it can be used (for example, coma, autonomic state). It is impossible to conclude it through a representative, because in this case the will of the patient is unknown. This order is executed by proxies (relatives, close persons, representatives, doctors, etc.). Despite the fact that in Ukraine today this legal institution is absent, the main directions of recoding of civil legislation indicate the possibility of its appearance in the updated legislation

I Mind My Own Business and Expect Others to Do the Same: Conversations About Declining Financial Capacity

Introduction One of the smartest ways to prepare for declines in financial decision making capacity is to appoint an agent under power of attorney for finances and to share important financial information and preferences with trusted family or friends. Yet only 12% of older Americans with children think that they’ll need help with their finances as they age, and more than half are uncomfortable talking about their finances with children. Method: We conducted four in-depth interviews with older adults and four focus groups with Black, Latino, low income, and low-middle income adults aged 65 and older. An average of 9 participants were in each 2-hour focus group. Results Barriers included lack of awareness, denial of future changes in capacity, lack of trustworthy surrogate decision-makers, shame about one’s financial situation, desire for privacy, fear of being a burden, and resistance to overtures by children. Barriers differed by ethnicity and socioeconomic status, with lower income older adults having less knowledge of advance planning and Powers of Attorney. Implications: Significant education is needed around Powers of Attorney and how to begin the advance planning process. Study findings informed the Thinking Ahead Roadmap, a guide to facilitate planning and communication around future money management. The Roadmap uses an empowerment framework to motivate individuals to appoint trusted financial advocates and prepare them for a smooth transition in money management, thereby reducing risk of exploitation, costly mistakes, and family conflict.

Findings on Loneliness, Telehealth, and Advance Care Planning From the National Poll on Healthy Aging

The University of Michigan National Poll on Healthy Aging (NPHA) taps into the perspectives of older adults to inform health care policy and practice using a nationally representative sample of more than 2,000 adults age 50-80. Questions about lack of companionship and feelings of loneliness were tracked over three time points; 34% expressed feelings of loneliness in October 2018, 41% in June 2020, and 37% in January 2021. The NPHA also found that use of telehealth increased from 4% in May 2019 to 30% in June 2020 to 43% in January 2021. Finally, the NPHA found that 37% have completed both medical durable power of attorney and advance directive with 7% completing at least one of these documents in the first three months of the COVID-19 pandemic. These poll results can be used to inform actions by coalitions and organizations to advance state and federal policy.

Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.

Transacting Business through/for Others in Early Colonial Western India: The Text, Context, and Meaning of a Mukhtār-nāma of 1821

In the Persianate world, a mukhtār-nāma (deed of representation or a power of attorney) was a legal instrument that enabled people to transact business through a representative or agent (mukhtār or wakīl). This is a study of one such document written in Surat in 1821. It analyses the document for its socio-cultural, legal, and commercial significance as well as to explore the transition in the adjudication of commercial disputes and civil cases from Mughal to East India Company courts. It shows that there was a strong tradition of documenting business transactions in early modern South Asia and that such practices have continued into the colonial and postcolonial periods.

The Role of Improving the Tax System in the Development of Entrepreneurship During the Pandemic

This article describes the tax benefits provided to businesses in Uzbekistan during the pandemic, their content and amount. As a result of the analysis, the author made the following proposals: to ensure the complete transfer of all taxpayers to electronic accounts in order to prevent breaking the value-added tax chain, as well as to take measures for electronic registration and protection of the power of attorney for the import of goods and materials; consideration of the issue of administering VAT accounting in the form of compensation payments included in income in the form of wages, that is, the cost of food or the cost of food.

Peranan Jaksa Pengacara Negara dalam Menyelesaikan Kasus Mewakili Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan di Denpasar

The prosecutor as the recipient of the power of attorney in a special power of attorney, which in this case represents employment BPJS, handles legal issues related to entrepreneurs who have not registered themselves and staff as members of the Manpower Dependent Program. The purposes of this study are to reveal the role of state attorneys in resolving cases representing the Social Security Administering Body (BPJS) for employment in Denpasar and the efforts of state attorneys to resolve cases representing BPJS for employment in Denpasar. This type of research is sociological with an empirical juridical approach. Data collection techniques were carried out by literature study, observation, interviews related to this research. Sources of data used in the form of secondary and primary data which are then analyzed systematically. The results of the study indicate that the role of the State Attorney's Attorney in resolving cases representing BPJS Ketenagakerjaan as a legal counsel with a Special Power of Attorney to resolve the company has not recorded itself and its staff in the Manpower Dependent Program. While the efforts of State Lawyers in resolving cases representing BPJS Ketenagakerjaan, with a Special Power of Attorney from BPJS Ketenagakerjaan, State Attorneys act in terms of providing non-litigation legal assistance by mediating business entities and individuals who do not register as members of the Employment Social Security Agency or have not complied with the payment of fees