PEMBATALAN PERKAWINAN AKIBAT HUBUNGAN SESUSUAN DITINJAU BERDASARKAN KOMPILASI HUKUM ISLAM

ABSTRACTMarriage is one of the important things in human life, especially in social life. Basically, marriage has a long-term goal, as is the desire of humans themselves in order to foster a harmonious, peaceful and happy life in an atmosphere of love from the two types of creatures created by Allah SWT, realizing a marriage, of course there are requirements and prohibitions. - prohibitions that must be known by both parties who will enter into a marriage for the sake of the validity of the marriage. That is, if the marriage is carried out without paying attention to what are the conditions and prohibitions of marriage, then the marriage is considered invalid and can be canceled. Law Number 1 of 1974 concerning Marriage and Article 70 of the Compilation of Islamic Law, namely the prohibition of marriage between siblings.The type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books. From the results of the study, it was concluded that in Islamic law marriage annulment can occur due to two things, namely there are things that cancel the marriage contract that is carried out, and there are new things that are experienced after the marriage contract occurs and the temporary marriage relationship takes place, Breastfeeding marriage is prohibited by law religion and also by state law because breastfeeding marriages are marriages that occur between a man and a woman where both breastfeed on the same mother so that they are called breast-feeding siblings. As for the legitimacy of the legitimacy of a marriage in which both parties are still bound by a breastfeeding relationship in terms of the Compilation of Islamic Law, Breastfeeding marriages that have been or are in progress are invalid or invalid bylaw and the law of the marriage is unlawful, so that the marriage can be annulled. or in other words, the breastfeeding marriage can be annulled because the marriage has taken place, it is confirmed in the Compilation of Islamic Law Article 39 number 3 letter c of the Compilation of Islamic Law. In accordance with the conclusions above, it is hoped that people who are considered to know or understand the law if they can help disseminate information about breast- feeding marriages starting from the scope of the family and the community around where they live, also the government is more stringent in conducting inspections of data before marriage, namely regarding the status of marriage. and the validity of the data of each party who will carry out the marriage so that unwanted things do not happen, such as requests to cancel the marriage. Key words: Breastfeeding Marriage, Cancellation of Breastfeeding Marriag

PERLINDUNGAN HUKUM BAGI TENAGA KERJA PENYANDANG DISABILITAS UNTUK MENDAPAT KESEMPATAN KERJA BERDASARKAN UNDANG UNDANG NOMOR 08 TAHUN 2016 TENTANG PENYANDANG DISABILITAS

AbstractThis study discusses the workforce is part of the subject of employment which is considered capable of doing a job in order to produce goods or services both to meet the needs of themselves and the community. Protection for Workers, especially Workers with disabilities where the government guarantees the safety and existence of workers with disabilities is recognized by the community in general. Explicitly in international legal provisions that position persons with disabilities as part of citizens whose rights must be fulfilled in the perspective of Human Rights, contained in Law Number 8 of 2016 concerning Persons with Disabilities, the regulation refers to previous regulations issued by the government, namely Law Number 19 of 2011 concerning Ratification of the Convention on the Rights of Persons with Disabilities, and Law Number 4 of 1997 concerning People with disabilities. Through research, this thesis seeks to answer existing problems using normative juridical methods, so from the research that has been carried out a conclusion can be drawn, that the government legislation has provided legal protection for workers with disabilities in obtaining job opportunities according to the Act. The 1945 Constitution of the Republic of Indonesia and the laws and regulations that are enacted with reference to the theory of human rights. The form of fulfillment of workers with disabilities in obtaining employment opportunities is through affirmative policies that must be implemented by inserting them into regulations that have been issued by the government. Reforms that must be implemented in affirmative action policies in the field of accessibility in obtaining employment opportunities for workers with disabilities are the responsibility of the state towards workers with disabilities in fulfilling their rights

PENERAPAN SANKSI PIDANA TERHADAP MUCIKARI PROSTITUSI MENURUT KITAB UNDANG-UNDANG HUKUM PIDANA

ABSTRACTIndonesian society is known as an ethical and moral religious society, but it cannot be denied that the problem is that there are still many crimes of pimps still rife. Pimping is an act of facilitating a person's obscene or adultery in exchange for money and making this act a livelihood. The act of pimping that deviates from the provisions of the law and has violated the norm is a criminal act.The type of research used in this paper is normative legal research with a law approach and several primary, secondary and tertiary legal sources.The act of pimping that facilitates obscene acts by other people with other people and profiting from obscene acts has been regulated in the Criminal Code, that the act of taking advantage of the obscene acts of a woman and making it a livelihood is a criminal act of pimping and whoever commits the crime of pimping will be subject to Article 296 and Article 506 of the Criminal Code in the form of a criminal sanction of imprisonment for a maximum of one year. The provisions for the crime of pimping are also regulated outside the Criminal Code, this aims to anticipate all types of actions in the process, method or all forms of exploitation that will occur.The factors that caused pimps to offer prostitutes services at guesthouses after the closure of lokalisasis were due to economic needs, because they were used to getting lots of money quickly and easily from taking advantage of offering the services of commercial sex workers, pimps carried out their actions in guesthouses in Pasuruan secretly. hide to earn money from peddling commercial sex workers.Keywords: application, criminal sanctions, pimping

TANGGUNG JAWAB DEVELOPER BAGI KONSUMEN ATAS PERJANJIAN JUAL BELI RUMAH DENGAN MEKANISME PERJANJIAN PERIKATAN JUAL BELI (PPJB)

ABSTRACTBuying a house usually begins with PPJB as a binder between the developer and the consumer. However, over time, the implementation has been in many portraits of mourning that often reveal the news in the country that disappoints the public as consumers. The low awareness and knowledge of consumers so that they have a greater risk of consumer rights. The problem raised in this paper is the responsibility of the developer to the consumer for the house sale agreement with the mechanism of the sale and purchase agreement (PPJB) and the efforts that can be made by the consumer if the developer does not implement the sale and purchase agreement (PPJB).The type of research used is normative juridical with a statute approach.The responsibility of the developer to the consumer is the loss suffered by the consumer as regulated in Article 19 of Law Number 8 of 1999 concerning Consumer Protection. The developer is also responsible for correct information as well as building quality assurance. The developer's responsibility does not end there, during construction to the maintenance period the developer is also responsible for the quality of the building until the end of all sale and purchase binding agreements and the efforts made by consumers if the developer is unable to carry out the sale and purchase agreement (PPJB), namely, The first step is to ask the developer for existing problems, it can call or reprimand the developer. If it is not from the developer, it can file a lawsuit with the local district court. Keywords: Responsibility, Sale And Purchase Agreement, Develope

TINJAUAN HUKUM PEMBENTUKAN BADAN USAHA MILIK DESA (BUMDES) DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

ABSTRACTLaw Number 6 of 2014 concerning Villages raises hope for the progress of the Village to increase its role in the economic system. Village-Owned Enterprises are regulated in CHAPTER X Article 87 paragraph 1 of Law Number 6 of 2014 concerning Villages, stating "Villages can establish Village-Owned Enterprises called BUMDes". In the Formation of Village-Owned Enterprises in Indonesia, there are still many villages that have not been able to form and do not understand how to establish Village-Owned Enterprises that have been mandated by the Village Law.The problem raised in this paper is how the process of forming a Village-Owned Enterprise is and what factors cause failure in the formation of a Village-Owned Enterprise. The type of research used is normative juridical research, based on researching library materials or secondary data consisting of primary legal materials, secondary legal materials and non-legal materials.The results showed that the process of forming a village-owned enterprise was carried out with the Village Deliberation to determine the name of the village-owned enterprise, select the board of directors, design and establish village regulations and articles of association, then register the village-owned enterprise at the ministry that carries out government affairs in the legal field. and human rights to obtain a legal entity certificate. Factors that cause failure in the formation of Village-Owned Enterprises are forming village-owned enterprises by trial and error without proper study, determining or choosing which business to run even though they do not master the chosen business, ending up giving up and being afraid to repeat, weak human resources and the limited basic infrastructure of a village

TINJAUAN YURIDIS PUTUSAN AKTA PERDAMAIAN DI PENGADILAN AGAMA SAMARINDA MENGENAI HAK ASUH ANAK DI BAWAH UMUR PASCA PERCERAIAN

ABSTRACTEveryone desires that the marriage he undertakes to remain intact throughout his lifetime, but many marriages which are so painstakingly established have to end in a divorce. the husband and wife who are going to divorce need to consider the problem of the child who has been born in that marriage. In the case of divorce, it will have legal consequences for the child, especially in the custody of minors. This research uses the juridical normative method, namely research that refers to the legal norms contained in statutory regulations and court decisions from the Religious Courts regarding the peace deed decisions regarding the custody of minors after divorce. The court is passive, meaning that it is just waiting, the initiative to take legal remedies is entirely dependent on the parties who are in the case, the Religious Courts should be able to impose sanctions on one of the parties who do not implement what has been agreed in the peace deed, thus the Court can impose sanctions on the parties. who do not implement what has been agreed in the peace deed? If there is a violation, the aggrieved party can submit a new application to the Head of the Religious Court to determine the implementation of the contents of the peace deed decision. Keywords: Peace Deed, Child Custod

KEKUATAN PERDAMAIAN YANG DILAKSANAKAN DIDALAM SIDANG PERDATA DI PENGADILAN NEGERI SAMARINDA BERDASARKAN PERMA NO. 01 TAHUN 2016 TENTANG MEDIASI DAN AKIBAT HUKUMNNYA

ABSTRACT As individuals who have free will, humans have their own interests. These interests are often in the same direction and in line with the interests of others around them. However, their interests often conflict with each other, giving rise to disputes or disputes that interfere with the harmony of living together. Based on that event, rules are needed as a means to solve problems that arise in order to create balance in life in order to create peace.law enforcers in mediation procedures are mediators and one of the common mediators is judges in district courts. In his duties, a mediator must work according to existing procedures. Due to a change in the mediation procedure through a Supreme Court regulation issued by the government, as for the formulation and limitation of the problem, how is the power of peace implemented in the Samarinda District Court session in relation to Perma no. 1 of 2016 and how is the existence of mediation in the settlement of peace in the Samarinda District Court according to Regulation No. 1 of 2016.The peace deed as outlined in the court's decision has three powers like an ordinary decision, namely binding power, evidentiary power, and executive power. The existence of mediation in the settlement of civil disputes in court in PERMA No. 1 of 2016 contains ten regulatory principles regarding the use of integrated mediation in court (court-connected mediation) which includes mandatory mediation, the autonomy of the parties, mediation in good faith.the disputing parties should be able to carry out problem-solving by means of deliberation before going through a court process which can take time and a lengthy trial process. Keywords: the power of peace, mediatio

TINJAUAN YURIDIS HUKUM WARIS BAGI KHUNSA ATAU BERKELAMIN GANDA DALAM PANDANGAN HUKUM ISLAM

ABSTRACK Humans are grouped as male and female and at birth are treated as boys and girls by parents and it is easy to learn gender as adults. However, for a small number of people, the effort to develop a gender identity is a problem. It means multiple sexes.The type of research used by the author is normative or doctrinal juridical law research, the explanation of which is normative legal research, another name is doctrinal legal research which is also referred to as library research or document study.Multiple sexes in Islam are called Khunsa, Khunsa is divided into 2 namely Khunṡa Ghairu musykil (Khunṡa That Is Not Difficult or Clear) and Khunṡa musykil which is very difficult to determine it cannot be known whether he is male or female, because there are no signs that indicate masculine or vague. However, the mujtahids have determined two ways to determine the sex of the khuna, namely from the genitals and examining the signs of maturity. can also be carried out genital surgery whose purpose is repair or refinement.The distribution of inheritance for a khuntsa ghairu muskyil is seen from his status after going through several ways by seeing the first discharge of urine and also from the signs of maturity. The division of the inheritance of a mushkil khuntsa according to the Shafi'i khuntsa school is given the smallest share of the male and female share then the rest of the property is suspended. Keywords: Law of Inheritance.Status.Multiple

OPTIMALISASI PEMBINAAN NARAPIDANA PEREMPUAN SEBAGAI UPAYA MENCEGAH TERJADINYA RESIDIVIS DI LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS IIA SAMARINDA

ABSTRACTOne of the things that destroys the community system is the existence of criminals - recurring criminals or what is commonly known as recidivists. These criminals usually repeat the same crimes, even though he has already been sentenced.The type of research that the author uses is empirical juridical research, which is a type of empirical juridical research, or what is called field research, which examines the applicable legal provisions and what happens in reality in society.The results of the study stated that the guidance carried out by the Class II A women's penitentiary Samarinda was not yet effective, but the handling was in accordance with Law Number 12 of 1995 concerning Corrections, which implementation was regulated by Government Regulation No. 31 of 1999 concerning Guidance and Guidance of prisoners and the obstacles faced by the Class II A women's penitentiary Samarinda in an effort to prevent recidivists from occurring are the insufficient number of security officers, the number of assisted residents (residents) that exceeds the capacity, facilities / infrastructure, human resources , marketing the results of limited skills, culture and society, funds, and social and economy. Keywords: Guidance, Prisoners, and Rescu

PERLINDUNGAN HUKUM TERHADAP STATUS KEWARGANEGARAAN ANAK HASIL DARI PERKAWINAN CAMPURAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2006 TENTANG KEWARGANEGARAAN

ABSTRACT Marriage is a bond that shows the relationship between one person and another. With the existence of Law Number 12 f 2006 concerning citizenship of the Republic of Indonesia which imposes dual citizenship only until the child is 18 years old or married, after which he must choose one of the nationalities of his choice.The enactment of Law Number 12 of 2006 concerning citizenship where if a child wants to get legal protection of a country. What is the citizenship status of children resulting from mixed marriages according to law number 12 of 2006 concerning citizenship and how are the civil rights of children resulting from mixed marriages according to the legal system in Indonesia. The method in this study uses a normative juridical research method based on the sources of legal material that will be studied by the author. The sources of legal material used include legislation related to the legal issues being handled. Keywords: Mixed Marriage, Dual Citizenshi