12 research outputs found

    The Phenomenon Of Increasing Division During The Covid-19 Pandemic At Gorontalo Religious Court

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    The rate of divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court has increased significantly compared to talak cases submitted to husbands to their wives. The problems in this study are 1) What are the factors causing the increase in divorce during the Covid 19 pandemic? Moreover, 2) What are the legal consequences of increasing divorce cases during the COVID-19 pandemic at the Gorontalo Religious Court. The purpose of this study was to identify the causes of the increase in divorce lawsuits at the Gorontalo Religious Court during the Covid-19 pandemic. The type of approach used in this research is the legislation (Statute Approach) and the case approach (Cases Approach). Methods of collecting data using Library Research and analysis with legal interpretation. The results showed that the factors causing the increase in divorce cases during the COVID-19 pandemic in the Religious Courts were due to economic factors, continuous quarrels, third parties, and domestic violence. The issue of divorce in Law Number 1 of 1974 in principle adheres to the principle of complicated divorce as regulated in Article 39 paragraph 1. Furthermore, based on Article 114 of the Compilation of Islamic Law ("KHI"), the termination of the marriage bond due to divorce can be caused by divorce from the husband or a lawsuit from the wife. This divorce gives rise to legal consequences caused by a lawsuit, among others; (a) strained relationships between family members; (b) child care; and (c) the distribution of joint propert

    The Function Of Sharia-Based Regional Regulations On Education And Social Services In The Regions

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    Through access to regional autonomy, the desire of various regions to formulate Islamic law into their laws and regulations in order to fulfill rights and obligations and respond to various problems of society becomes more open. Therefore, the purpose of this research is to reveal how the function of Sharia Regional Regulations in the implementation and fulfillment of basic service duties of local government, especially from the aspects of education and socio-culture in Gorontalo Province. This type of research includes normative legal research supported by empirical data, which examines comprehensively and analytically the primary and secondary legal materials, using statute approach and case approach. The result of the research indicates that the existence of these regional regulations is one of the provisions ensured in Law no. 23 of 2014 on Local Government and Government Regulation Number 38 of 2007 on the Division of Government Affairs, between the Provincial Government and Regency/Municipal Government. The regional regulations drafted and compiled by the Gorontalo provincial government actually assure harmony of life, security, and order. As it is in the field of one's religious education. The existence of the Regional Regulation of Reading and Writing Al-Qur'an in Gorontalo is able to embody the desire of students to develop their education to higher level, as a condition for entering the next school level. Meanwhile, from the socio-cultural aspect, the existence of Regional Regulations on the Prohibition of Gambling, Prostitution, and Liquor, helps the government create order and tranquility in people's lives, maximize regional potential and development, especially with regard to local wisdom. Therefore, the Regional Government requires to implement and maximize the provisions of sharia regional regulations in order to support development, especially those related to basic services in various aspects, in order to maximize the regional potential and local wisdom

    Effectiveness of Article 53 On Marrying Pregnant Women In Compilation Of Islamic Law

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    The purpose of this writing is to find out how effective Article 53 of the Compilation of Islamic Law is for pregnant women married to men who do not impregnate them in the case study of Tojo Una-Una Regency. The method used in this writing is by way of observation, interviews, and documentation. This type of writing is sociological juridical writing. Approach to an empirical sociological juridical analysis by going directly to the object or field. The type of data used is primary legal material and secondary legal material. The results of the writing show that article 53 of the Compilation of Islamic Law against pregnant women marrying men who do not impregnate them is not yet effective. The causal factors include internal factors and factors external. The legal consequences that arise are that it has an impact on the child to be born because it can question how the position, rights, maintenance, and when the birth is a girl, what about the guardian, as well as inheritance problem

    PENETAPAN TARIF YANG BERUBAH PADA JASA LAYANAN INDIHOME DALAM PERLINDUNGAN HUKUM BAGI KONSUMEN

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    This research aims to find out what form of consumer legal protection exists for setting changing rates for IndiHome services and what are the inhibiting factors for consumer legal protection for setting changing rates for Indihome services. The method used in this research uses empirical methods or sociological legal research. Researchers use empirical research because in this research the object to be researched is consumer legal protection against changing tariffs for Indihome services. The research results show that in terms of consumer protection, the state is responsible for protecting consumer rights in the business world. These consumer rights are regulated clearly and in detail in Indonesian laws and regulations. Consumer rights and obligations are regulated in the Consumer Protection Law (UUPK). Not only in the interests of consumers, the Consumer Protection Law is also a reference for the relationship between business actors and consumers which can be mutually beneficial for both and factors inhibiting/obstacles to legal protection of consumers by indihome service providers, namely lack of communication between customers and service providers and lack of access to information from customers, as well as factors inhibiting/obstacles to consumer legal protection from Indihome customers. Customers' ignorance of their rights and obligations as consumers and minimal response from Indihome service providers

    Unraveling The Efforts of Gorontalo's POM Office Against Consumers Who Are Lost Due to Problematic Cosmetics Promotion on Instagram

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    Abstract:The purpose of this study was to find out how the Gorontalo’s POM Office efforts towards consumers who were harmed by the promotion of problematic cosmetics on Instagram. This study uses an empirical legal research method, which puts field facts as data. Sources of data used are primary data as the main data (the results of observations and interviews in the field), and secondary data such as legislation, and scientific works. Meanwhile, the population and the sample used were Gorontalo POM Office. The results showed that the efforts made by Gorontalo POM Office against consumers who were harmed by the promotion of cosmetics on Instagram were carried out in 2 (two) ways, namely legal protection with preventive measures by carrying out socialization, and other actions deemed correct and relevant; and legal protection with repressive measures carried out by providing guidance to business actors, confiscation of goods, to imposing sanctions and other measures deemed relevant.Keywords: Legal Protection; Consumer; Responsibilit

    Legal Protection Of The Gorontalo City Police Against Debtors Who Transfer Fiduciary Vehicles Without The Consent Of The Fiduciary Recipient

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    The purpose of writing this article is to determine the efforts that can be prevented by the police against fiduciary acts in the transfer of fiduciary objects in the jurisdiction of Gorontalo City. The method used in this study is to use empirical research methods with a qualitative approach. HasiL research on this case fiduciary receiver or 2nd party raises the issue of the possibility of a crime in the field of fiduciary. This event is where the 2nd party makes a car loan at a financing company or individual with an installment payment system in accordance with the agreement specified in the agreement and for a certain time. In fact, after the credit agreement is running, the 2nd party (fiduciary recipient) does not perform its obligations as agreed between the twelve fiduciary parties to the fiduciary recipient to pay the installments, but resells the goods that are the object of fiduciary security to the 3rd party without the knowledge of the 3rd party whose vehicle is still in the installment financing 2nd (fiduciary recipient) to the First party (fiduciary giver)

    Analysis of the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area

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    The purpose of this research is to find out the Legal Consequences of Legalizing Polyandry Marriages in the Gorontalo Religious Court Area. In this research, the author uses normative research method or normative juridical research. This normative research includes library research or document study, because the object studied is in the form of public official documents, namely official data from the Gorontalo Religious Court. The results of this study researchers found preliminary data in the Gorontalo Religious Court, there is 1 (one) case of Itsbat Nikah application which is contrary to Article 3 and Article 9 of Law Number 1 of 1974 jo. Law Number 16 of 2019 concerning Marriage, as well as Article 40 of the Compilation of Islamic Law (KHI) but by the panel of judges the case was granted and there was 1 (one) itsbat nikah case Number 255/Pdt.P/2022/PA.Gtlo with the same type of application case but there were differences in the judge's consideration in deciding the case with the ruling not accepted
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