12 research outputs found
NIKAH SIRI DALAM PERSPEKTIF HUKUM PERKAWINAN NASIONAL
Abstract Marriage is one of the importants event in human lifes, particularly for moslem family. Bacause of its important, then marriage regulated not only on state laws, but in Al-quran as well. In Marriage Law in Section 1 of Article 1, mentioned that marriage is legal if conducted according to their religion and beliefs. Meanwhile in Section 2 of Article 2, mentioned that each marriage noted according to the applicable law. Based on that articles above, then marriage registration is not legality condition of marriage. Nikah Siri that conducted without registered, but according to the principles and condition of islamic marriage law. This is give rise to pro and contra in the society related to that legality of marriage
Penyelundupan Hukum melalui Perjanjian Pengikatan Jual Beli dengan Kuasa Jual di Hadapan Notaris
Penelitian ini bertujuan untuk mengetahui dan menganalisis bentuk penyelundupan hukum melalui perjanjian pengikatan jual beli dengan kuasa jual di hadapan notaris. Penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan (statute), pendekatan kasus (case), dan pendekatan konseptual (conceptual). Penelitian dilakukan di Kota Kendari, Sulawesi Tenggara. Hasil penelitian menunjukkan bahwa bentuk penyelundupan hukum melalui pembuatan perjanjian pengikatan jual beli dan kuasa menjual yang dibuat di hadapan notaris dilakukan dalam bentuk penghindaran pajak yang dilakukan oleh pembeli. PPJB dan Kuasa Menjual dibuat sebagai cara pembeli untuk menghindari pembayaran BPHTB, karena pembeli tersebut berniat untuk menjual kembali tanah yang dibelinya. Tindakan yang dilakukan oleh pembeli pertama tergolong sebagai penghindaran pajak (tax avoidance), sebagai salah satu bentuk pelanggaran hukum perpajakan. Akibat penyelundupan hukum melalui pembuatan akta perjanjian pengikatan jual beli dan kuasa menjual yang dibuat di hadapan notaris yaitu akan berdampak pada berkurangnya penerimaan negara dari sektor pajak. Akta yang dibuat dengan tujuan untuk melakukan penghindaran pajak maka akta-akta tersebut dapat dibatalkan, pihak yang merasa dirugikan dapat mengajukan tuntutan pembatalan pada pengadilan
Calculating the Proportionality of Aerial Attacks Towards Electrical Power Systems: A Study on the Proportionality of Attacks Towards Iraqi Electrical Power Systems in the First Gulf War
One group of targets attacked using armed force was the Iraqi electrical system. A direct impact of that attack was the damaging of four hydroelectric power plants, six thermoelectric power plants as well as several other power plants and it was suspected that a few deaths or wounds were a direct side effect on civilians. The damaging of 10 power plants resulted in the there being a lack of power both for Iraq’s military facilities as well as for civil uses. Attacks are ideally defined as acts of violence done against an enemy done either when attacking or when defending but it also needs to be specified on what level is it done. On a tactical level attacks are defined as single attacks or individual attackson each target such as the ones on the electrical power plants. that it is balanced with military interests/necessity which is also not specified by International Humanitarian These civillian losses are such losses that have the traits of being concrete, direct and overall which bear the same definition as the traits concrete, direct and overall applied in military advantages or conversely, if the mlitary advantages do not bear the traits of being concrete, direct and overall. Keywords: Proportionality of Aerial Attacks, Iraqi Electrical Power Systems, First Gulf War.
Legal Protection on Indigenous Peoples in the Utilization of Coastal Area and Small Islands
The main purpose of this scientific paper is to know in which extent the State of Indonesia as a sovereign country, able to provide legal protection against indigenous peoples in coastal areas and small islands in the utilization of its territory. During this time, the State's concern in establishing maritime is still pulling out, due to renewal and development in various sectors still tend to be centralized, centered on the land and urban areas. This makes the coastal areas and small islands vulnerable to various obstacles and challenges, including in accommodating the interests of indigenous peoples who are acknowledged to exist in the Basic Agrarian Law. Meanwhile, the existing legislation concerning the use of coastal areas and small islands is more oriented to the exploitation regardless of the sustainability of natural resources. In this case, the existence of indigenous peoples of coastal areas and small island islands play an important role in the management of marine areas throughout Indonesia. The feature of the traditional lives and the behavioral patterns of indigenous peoples that respect nature and the sea which can help its management to be better, maintain ecological balance and sustainable principles. In fact, there are still many indigenous peoples in the coastal areas and small islands that form a legal alliance, far from accessibility. The establishment of various regulations governing the utilization and management of coastal areas and small islands, as well as the limited reference and information of indigenous peoples on the subject, is feared to cause problems and irregularities in the implementation. Therefore, in this matter it is necessary to have further regulation as supervision and control measures. The regulation is expected to engage indigenous peoples in a participatory manner in order to be able to produce inclusive legal products, hence the birth of regulation is no longer tend to overlap or be understood as a paradoxical rule. Keywords: coastal area, small islands, indigenous peoples, communal right on sea, basic agrarian la
Government's Responsibility for Illegal Circulation of Imported Processed Food Products
The regulation of processed food products can be seen in Article 111 Paragraph (1), (2), and (6) the Law Number 36 of 2009 concerning Health. It also can be found in Article 37, 93, and 94 the Law Number 18 of 2012 concerning Food. This research is a normative legal research to apply statuta and the conceptual approaches. The results of the research that the government's responsibility in carrying out the control function has not been optimal yet. Some obstacles are found in the context of the illegal circulation of imported processed food products such as limited facilities and infrastructure, limited human resource,s and lack of coordination between one institution and other institutions. Keywords: Responsibility of Government, Illegal Circulation, Processed Food Products DOI: 10.7176/JLPG/88-21 Publication date: August 31st 201
Kriminalisasi terhadap Pelanggaran Kewajiban Pelaku Usaha Mencantumkan Keterangan Tidak Halal pada Produk
This study analyzed the criminalization and punishment of violations over Article 26 paragraph (2) of the Halal Product Guarantee Act. The approach used in this study was a statutory approach and a case approach with a normative juridical type of research. The data collection technique used in this study was a literature study. Data were analyzed using descriptive techniques. The results indicated that criminalization of violations over Article 26 paragraph (2) of the Law on Halal Product Guarantees could be carried out because violations over the obligation of businesspeople to include non-halal information on products could be categorized as criminal acts and include types of crime. Criminal sanctions were used as the final sanction for prevention purposes. The penalty for violating Article 26 paragraph (2) of the Law on Halal Product Guarantee was subject to criminal sanctions in confinement, fines, or imprisonment