Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019

This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.

“Even though I am Māori sometimes I feel like a bit of a fraud”: Mixed-Race Māori Identity and The Influence of Legislation and Legal Administration c. 1850-1950

<p>In 1910, Āpirana Ngata stated that both he and the Young Maori Party were proponents for children born from a Māori – Pākehā mix. Ngata believed the children would then have the prime characteristics of each parent. This thesis explores how such rhetoric about mixed-race children was a consequence of the symbiotic influence Pākehā legislation and legal administration had on Māori identity. This influence was relevant to both mixed-race Māori historically, and today. Too often, mixed-race people are questioned for their lack of authenticity. This questioning began the moment Pākehā people first came to New Zealand and courted interracial relations with Māori. Therefore, the period of 1850 to 1950 is where this thesis’ substantive research and analysis lies as here the construction of legislation and legal administration to do with mixed-race Māori was most visible. The themes this timeframe is considered through are ‘marriage and land’, ‘native schools’ and ‘enumeration.’ These themes are the best mechanism to display the ways in which the law has worked and continues to work to maintain a mixed-race dichotomy of privilege and disadvantage. This thesis draws on a wide range of legislative and administrative sources, to demonstrate the mentioned dichotomy crafted into the law. It contextualises these sources through consideration of existing literature, and oral interviews with self-identifying mixed- race Māori today. This work tracks Māori reclamation of the control to self-identify and the recurring indicators of colourism and dehumanisation which contributed to the speed bumps along this journey.</p>

“Even though I am Māori sometimes I feel like a bit of a fraud”: Mixed-Race Māori Identity and The Influence of Legislation and Legal Administration c. 1850-1950

<p>In 1910, Āpirana Ngata stated that both he and the Young Maori Party were proponents for children born from a Māori – Pākehā mix. Ngata believed the children would then have the prime characteristics of each parent. This thesis explores how such rhetoric about mixed-race children was a consequence of the symbiotic influence Pākehā legislation and legal administration had on Māori identity. This influence was relevant to both mixed-race Māori historically, and today. Too often, mixed-race people are questioned for their lack of authenticity. This questioning began the moment Pākehā people first came to New Zealand and courted interracial relations with Māori. Therefore, the period of 1850 to 1950 is where this thesis’ substantive research and analysis lies as here the construction of legislation and legal administration to do with mixed-race Māori was most visible. The themes this timeframe is considered through are ‘marriage and land’, ‘native schools’ and ‘enumeration.’ These themes are the best mechanism to display the ways in which the law has worked and continues to work to maintain a mixed-race dichotomy of privilege and disadvantage. This thesis draws on a wide range of legislative and administrative sources, to demonstrate the mentioned dichotomy crafted into the law. It contextualises these sources through consideration of existing literature, and oral interviews with self-identifying mixed- race Māori today. This work tracks Māori reclamation of the control to self-identify and the recurring indicators of colourism and dehumanisation which contributed to the speed bumps along this journey.</p>

FACTORS OF APPLICATION FOR MARRIAGE ISBAT AT THE RELIGIOUS COURT OF SUNGGUMINASA GOWA

This paper discusses the factors for submitting an application for marriage isbat at the Gowa Sungguminasa Religious Court. This type of research is a descriptive qualitative field research. In this study, using primary, secondary and tertiary data sources. Furthermore, the data collection methods used were observation, interviews and documentation. Data processing and analysis techniques are carried out through three stages, namely: data reduction, data display, and conclusion drawing/vervication. The results of the study indicate that the main factor causing the parties to apply for Isbat Marriage at the Religious Court of Sungguminasa Gowa is the existence of urgent interests related to legal administration, for example taking care of veterans' benefits, taking care of their child's birth certificate. Therefore, it is expected that teenagers or prospective brides before deciding to get married should have knowledge about marriage, knowledge of building a good household according to Islamic teachings, and ensure all administration related to marriage is completed first, because if the administration is not completed then this will have an impact on the future of the bride and groom, including their descendants.

Introduction

The Introduction outlines the key aims of the study, discusses relevant scholarship, and develops the methodology to be employed. In scholarship, council acts have often been used simply as source material for thematic studies, or their examination has been determined principally by editorial concerns. By contrast, the present study analyses the importance of council records as fundamental expression of the councils’ purposes and claims to legitimacy. It brings into scholarly focus the regularly neglected work of administrators and textual practitioners in ancient church councils responsible for the creation of such records, and relates their efforts to practices and concerns in the sphere of civil and legal administration. Council acts need to be understood as the products of distinct practices, in view of their underlying intentions and objectives, and with respect to the material reality of the documents created and handled. Discussions and examinations of conciliar documents, and instructions for their making in the councils themselves, provide the starting points for this investigation.

Four Internets

The book describes the Internet, and how Internet governance prevents it fragmenting into a ‘Splinternet’. Four opposing ideologies about how data flows around the network have become prominent because they are (a) implemented by technical standards, and (b) backed by influential geopolitical entities. Each of these specifies an ‘Internet’, described in relation to its implementation by a specific geopolitical entity. The four Internets of the title are: the Silicon Valley Open Internet, developed by pioneers of the Internet in the 1960s, based on principles of openness and efficient dataflow; the Brussels Bourgeois Internet, exemplified by the European Union, with a focus on human rights and legal administration; the DC Commercial Internet, exemplified by the Washington establishment and its focus on property rights and market solutions; and the Beijing Paternal Internet, exemplified by the Chinese government’s control of Internet content. These Internets have to coexist if the Internet as a whole is to remain connected. The book also considers the weaponization of the hacking ethic as the Moscow Spoiler model, exemplified by Russia’s campaigns of misinformation at scale; this is not a vision of the Internet, but is parasitic on the others. Each of these ideologies is illustrated by a specific policy question. Potential future directions of Internet development are considered, including the policy directions that India might take, and the development of technologies such as artificial intelligence, smart cities, the Internet of Things, and social machines. A conclusion speculates on potential future Internets that may emerge alongside those described.

Homeownership, Legal Administration, And The Uncertainties Of Inheritance In South Africa’s Townships: Apartheid’s Legal Shadows

Expanded homeownership in Johannesburg’s townships offered the prospect of post-apartheid formal inclusion. Yet allocation of title to former rental homes has been characterized by a profound lack of normative consensus regarding ownership or inheritance. In bitter disputes over houses, appeals to law jostle and interweave with claims in a customary register. In much regional scholarship, normative pluralism provides a point of departure for understanding disagreement of this kind. This article proposes an alternative perspective by examining how dissensus is mediated and given shape by a legal–administrative process. Law becomes inchoate in layers of bureaucratic encounter, while contested claims to custom are sharpened at the interface with bureaucracy. In South Africa, taking administration as a starting point reveals the long shadows of apartheid in concrete experiences of the law, in extra-legal understandings, and in the very terms of contestation among kin. Illuminating the little-explored topic of urban property inheritance, the perspective has broader implications for understanding inequality. Inclusion through homeownership is a form of ‘adverse incorporation’ marked by official opacity, diffidence regarding the law, stratifying administrative dualism, and uncertainty about the parameters of ownership and inheritance.

Registration Legality of Deed of Establishment of Limited Partnership from District Court to Ministry of Law and Human Rights

Based on Article 23 of the KUHD, registration of the deed of establishment of Limited Partnership (CV) is carried out at the secretariat of the district court where the CV is established. However, since the enactment of the Regulation of Ministry of Law and Human Rights (Permenkumham) No.17/2018, registration of the deed of establishment Limited has been carried out through SABU which is under the auspices of the Directorate General of General Legal Administration, Ministry of Law and Human Rights. The position of Permenkumham No.17/2018 in the hierarchy of legislation in Indonesia is under the KUHD, so the purpose of this study was to determine the legality of the registration deed of CV from the district court to the ministry of law and human rights. This research uses normative research, with a statutory approach method and the level of legal synchronization, with qualitative analysis. Based on Article I of the Transitional Rules of the 1945 Constitution, the position of the KUHD is still a law, this is emphasized in Article 7 Paragraph (1) of Law No.12 of 2011. So that based on the principle of lex superior derogat legi inferior, then the authorities to carry out and receive registration deed of incorporation CV is the clerk of the district court where CV is located

Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas

This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.

Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.