Factors Causing the Occurrence of Marriage of the Under Age Children in the City of Manado the Province of North Sulawesi

Marriage is one of the commands that are highly recommended to all mankind. Human as a legal subject has the right to exercise legal powers granted by the Act. Each individual legal authority to perform marriages has been clearly regulated in Law Number 1 of 1974 on Marriage. This paper describes the factors that cause the occurrence of early marriages in the city of Manado North Sulawesi Province. The number of respondents in this paper is of 100 people by employing qualitative descriptive analysis. The results showed that the main factors that led to the early marriage in the city of Manado are pregnancies due to promiscuity. Other factors are the lack of knowledge of parents and children on the rules of marriage, economic factors and their marriage dispensation from the court. Keywords: Marriage, the underage children

The Litigation Aspects in Solving Banking Disputes in the Sharia Sector

The expansion of authority, duties, and functions of the Religious Judicature, has led the authority of the Religious Judicature are not solely in charge of the conventional fields, such as marriage, divorce, inheritance, grant (hibah), charity (zakah), and others, but the authority in the field of Islamic economics, particularly Islamic banking as well. Disputes between Islamic Banking and its customers are mostly caused by customers’ default towards agreement provision, the Financing Agreement to the detriment of the Islamic Bank. The default litigant from an offense under the substance of Financing Agreement that can be through by litigation in the Religious Judicature or non-litigation as through Basyarnas. This research is about the competence of Religious Judicature in resolving disputes Islamic Banking as a normative legal research using several approaches including legislation approaches. The research found that the settlement of Islamic banking dispute in Indonesia has external and internal constraints. External constraints, such as lack of harmonization among legislation, it even contradicts one another. Then, internal constraints such as the lack of the Religious Judicature judges understanding on various aspects of Islamic Banking, because those are relatively new, while the judges mostly experienced in resolving divorce, inheritance, grants (hibah), endowments (waqaf), and so forth. The results of this study recommend the need for harmonization and synchronization between legislation related to the drafting, moreover, a new procedural law of Religion Judicature in lieu of procedural law based HIR / RBg and increasing the ability of the Judges in reforming Islamic law through the Judge's decision are necessary. Keywords: Religious Judicature, Islamic Banking, Authority. DOI: 10.7176/PPAR/9-8-07 Publication date: August 31st 201

Legal Aspects of Land in the Regional Autonomy in Relation To Land Services in Indonesia

Act Number 5 of 1960 on Basic Agrarian Law states that earth, water and airspace including the natural resources contained in it are in the highest instance controlled by the State being and Authoritative Organization of the whole People in Indonesia. Since the issuance of Law No. 5 of 1960, the agrarian authority has been held by the central government. When Law No. 22 of 1999 on Regional Government was first put into force, especially in Article 11, the land management was carried out by Regency / City Governments. As a result, a number of Regency / City Governments had to form a land agency, creating a dualism in handling land matters because at that time Regency/City Land Offices acted as vertical agencies of the National Land Agency which also carried out the government duties in the land sector. To cope with the dualism in handling land matters, in 2003 the government issued Presidential Decree of the Republic of Indonesia No. 34 of 2003 to limit the authority of Regency/City Governments to 9 (nine) types of land services. The centralistic principle is based on article 2, paragraph (1) of Law No. 5 of 1960, which states that earth, water and airspace including the natural resources contained in it are in the highest instance controlled by the State being and Authoritative Organization of the whole People. While regional autonomy principle is based on Article 2 paragraph (4) of Law No. 5 of 1960 states that the implementation of the right to control by the state may be delegated to autonomous regions and communities of customary law. This research method using normative law by examining secondary data taken from the literature, legal materials or written data in the form of book of regulations, library materials such as books, magazines, and journals coupled with the primary data from interviews with some City Mayors in Indonesia on the implementation of regional autonomy in land sector. Data were analyzed using the political law approach, started from the implementation of the land law by the central government and by the autonomous regions, described, and vertically systematized using the law reasoning in derogation from the basic principle of the law science is rejecting a rule, because of conflict with higher rules. The results showed that the authority of the land services currently divided into two parts, namely land services that are carried out by the central government through the vertical agencies in this case the Ministry of Agrarian and Spatial Affairs / National Land Agency, on the basis that in the Law stated that the land matters is the authority of the central government. On the other hand, Regency / City Government implement land service affairs authority according to the Law of Autonomy on the basis that in the Act Number 5 of 1960 also declared land matters can be delegated to local authorities. Keywords: land service dualism, regional autonomy, current issue

The Impact of Psychological Violence on Children and Legal Protection Efforts in Indonesia

The research is financed by Postgraduate Programe, Departement of Law, Sam Ratulangi University, Indonesia Abstract Children are an inseparable part of human survival and the survival of a nation and state. Undang- UndangDasar Negara Republik Indonesia Tahun 1945 Article 28b paragraph (2) states that “every child has the right to survival, to grow and develop and has the right to protection from violence and discrimination”. This study discusses the impact of psychological violence and legal protection efforts in Indonesia. The research method used is normative juridical, with descriptive analytical research specifications that provide an in-depth description of a situation related to the problem being studied. The results of the study basically show that violence against children still frequently occur in Indonesia. Psychological violence in children has a very dangerous impact and can affect a child's psychological life. Efforts to guarantee protection of children in Indonesia have not been maximized, although positive laws in Indonesia have provided guarantees for child protection. Protection of children from acts of violence require the participation of the community, family, non-government institutions, and all other parties. Keywords: children's rights, psychological violence, legal protection DOI: 10.7176/JLPG/82-1

Impacts of the Implementation of Border Crossing Area Agreement between Indonesia and the Philippines at the Border of Miangas Island of North Celebes

The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing from generations to generations; political aspects, BCA causes frequent migrations by border people of Miangas Island to the Philippines because of the strong historical and kinship factors, economic factors, to get better education, facilities and infrastructures in health, and communication and transportation that in the Philippines are considered better. These situations made the regional government to use its authority in Act No. 22 of 1999 concerning International Covenant and Act 32 of 2004 concerning Regional Government to empower the Border Crossing Area Agreement in Miangas Island by revising that agreement. The efforts conducted by the government were by issuing the Regional Ordinance No. 1 of 2001 concerning the development of Sangihe and Talaud Islands area and Regional Ordinance No. 2 of 2001 concerning the Spatial Arrangement of Sangihe and Talaud Mainstay Area. It is expected that the Border Trade Area (BTA) will pay attention to the Declaration of Liberal Democration Principles concerning Ethnoculture and National Minority and Native Tribes suggesting the local government to accept, with domestic laws and with the covenant legalized internationally concerning the principles of minority rights implementation, equal in its interests with the classical Human Rights

ANALISIS YURIDIS TERHADAP DETERMINASI STRUKTUR PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR) DALAM PERSPEKTIF TEORI STRUKTURAL FUNGSIONAL

ABSTRACT The relation between bank as a creditor and housing debtor can be seen as a system that consists of several sub-systems which configured in a certain way. Each sub-system carries another specific task beside it prior task in special position. Demand and requirement in stability make the related parties in credit agreement are not completely free, instead they already bound with the structure of Housing Loans Agreement. Determination of Housing Loans Agreement (KPR) as banking agreement standard based on the theory of structural functional emphasizes regularity and avoids conflict. Basic assumption of this theory is the configuration of Housing Loans Agreement system as banking agreement standard which is structural functional will lead to stability that will be dynamic if it meets cultural, social, structural/politics and economic dimensions and hopefully they can create regularity and stability among bank and debtor in Housing Loans Agreement system. Key words: Credit Agreement, Configuration, Economy, Politics, Social, Culture. Abstrak Hubungan Bank sebagai Kreditur dan Debitur Perumahan dapat dilihat sebagai sebuah sistem yang di dalamnya terdapat sub-sub sistem yang terkonfigurasi secara tertentu, tiap-tiap sub sistem selain terpasang dalam posisi tertentu, juga mengemban tugas tertentu. Tuntutan dan kebutuhan akan keseimbangan inilah yang membuat para pihak yang terkait dalam Perjanjian Kredit tidak sepenuhnya dalam keadaan bebas, tetapi sebaliknya terkondisi untuk terikat pada struktur Perjanjian Kredit Pemilikan Rumah. Determinasi Perjanjian Kredit Pemilikan Rumah (KPR) sebagai perjanjian standar perbankan menurut Teori Struktural Fungsional, menekankan pada keteraturan dan mengabaikan konflik. Asumsi dasar teori ini, yaitu konfigurasi suatu sistem Perjanjian Kredit Pemilikan Rumah sebagai Perjanjian Standar Perbankan yang bersifat struktural fungsional akan bergerak ke arah keseimbangan yang bersifat dinamis apabila memenuhi dimensi budaya, sosial, struktur/politik, dan ekonomi yang niscaya akan menciptakan keteraturan dan keseimbangan antar pihak Bank dan Debitur dalam sistem Perjanjian Kredit Pemilikan Rumah.   Kata Kunci : Perjanjian Kredit, Konfigurasi, Ekomomi, Politik, Sosial, Budaya