3 research outputs found

    IMPLEMENTATION OF ISBAT NIKAH AT GARUT RELIGIOUS COURT

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    <p><strong>Abstract</strong></p><p>The applications for cases of marriage validation (isbat nikah) at the Religious Court of Garut have been increasing annually. This phenomenon arises due to a prevailing lack of legal awareness among the Garut community regarding the importance of formal registration in solemnizing marriages. This situation persists because the understanding of the validity of marriage is predominantly based on religious rites, with a noticeable absence of administrative recording. In our society, this practice is commonly referred to as "nikah siri" or unofficial marriages. Other reasons for not registering marriages include instances of out-of-wedlock pregnancies, compelling the parties involved to hasten their union, and underage marriages which render formal marriage requirements unattainable. Additionally, there are other factors such as economic, educational, or cultural considerations. Applications for isbat nikah are submitted to ascertain inheritance rights and to regulate cases of marriage that are not documented in the records of the Office of Religious Affairs. When examined from a juridical perspective, marriages recorded solely in religious ceremonies and without state documentation have notable ramifications, with one of the most prominent being the impact on children. The failure to register such marriages leaves the civil rights of wives and children unprotected by the law. The methodology employed is qualitative, utilizing an empirical juridical approach. This composition seeks to scrutinize the implementation of isbat nikah, along with the efforts and challenges encountered in the Religious Court of Garut. The execution of isbat nikah adheres to the procedures stipulated by legal regulations. However, the existing challenge lies in the difficulty of reaching the Garut community due to the extensive geography of Garut regency. Furthermore, there persists a prevalent understanding that the registration of marriage is not a fundamental principle. The endeavors undertaken to resolve isbat nikah cases in the Religious Court of Garut involve conducting mobile isbat nikah hearings and integrated isbat nikah hearings.</p&gt

    What Is The Process Of Resolving Disputes In International Business Law?

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    The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level

    APPLICATION OF CAREER PATTERN FOR PRISON GUARD IN OBTAINING STRUCTURAL POSITIONS IN THE MINISTRY OF LAW AND HUMAN RIGHTS IN THE PERSPECTIVE OF LAW NUMBER 5 OF 2014 CONCERNING STATE CIVIL APPARATUS

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    Abstract The Ministry of Law and Human Rights currently does not have the latest career pattern guidelines that refer to Law Number 5 of 2014 concerning State Civil Apparatus, because in the field there are still many technical obstacles that have not been regulated in the current career pattern guidelines. This research aims to obtain an overview of empirical data and facts related to the implementation of career patterns for Civil Servants within the Ministry of Law and Human Rights. Research methods are categorized as evaluation research which is descriptive analysis with qualitative and quantitative approaches. The types of data sources consist of primary data and secondary data. Data collection methods use questionnaires and data analysis methods using frequency tabulation. From the results of the discussion it was concluded that basically the Ministry of Law and Human Rights had implemented career pattern guidelines as mandated by Permenkumham Number. M.3819.KP.04.15/2006 concerning Career Patterns in the Department of Law and Human Rights and Government Regulation Number 35 of 2011 concerning Guidelines for Preparing Career Patterns for Civil Servants, in its implementation in the field the career system development within the Ministry of Law and Human Rights has taken into account elements -elements as mandated by these regulations which include formal education, job training, age, length of service, rank/class, position level, job experience, job performance assessment and job competency. However, there are still things that need to be improved, because until now the Ministry of Law and Human Rights does not have the latest career pattern guidelines which refer to Law Number 5 of 2014 concerning State Civil Apparatus, because in the field there are still many technical obstacles that have not been regulated in the career pattern guidelines. That exists now
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