Polygamy is an inexhaustible problem for discussing the rise of classical fiqh law that seems to give an opportunity to a husband in polygamy, shifts to the rules and laws of state products that not only limit and complicate, but even prohibit and categorize a problem around family law as an illegal act. On the other hand, there is an arbitrary understanding of polygamy in Islamic Family Law in Indonesia. The nature of polygamy that develops in society that does not benefit women, therefore, from the issue of polygamy and its relation to institutionalization of law it becomes important to work out that individual civilization rules have entered the realm of public law, as one of the images dynamized in Islamic law This research is a normative juridical approach that is carried out by analyzing the problems that exist in this study through approaches to legal principles, as well as referring to legal norms contained in the laws and regulations relating to the title of this research.
{"title":"Pemberian Izin Poligami Oleh Pengadilan Agama Di Indonesia","authors":"Fitri Rafianti","doi":"10.30596/dll.v4i1.3167","DOIUrl":"https://doi.org/10.30596/dll.v4i1.3167","url":null,"abstract":"Polygamy is an inexhaustible problem for discussing the rise of classical fiqh law that seems to give an opportunity to a husband in polygamy, shifts to the rules and laws of state products that not only limit and complicate, but even prohibit and categorize a problem around family law as an illegal act. On the other hand, there is an arbitrary understanding of polygamy in Islamic Family Law in Indonesia. The nature of polygamy that develops in society that does not benefit women, therefore, from the issue of polygamy and its relation to institutionalization of law it becomes important to work out that individual civilization rules have entered the realm of public law, as one of the images dynamized in Islamic law This research is a normative juridical approach that is carried out by analyzing the problems that exist in this study through approaches to legal principles, as well as referring to legal norms contained in the laws and regulations relating to the title of this research.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121968596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dispute resolution in essence can be done through two processes, namely the litigation process in court and non-litigation outside the court. In general, the litigation process will produce adversial agreements that have not been able to embrace common interests because their interests are facing each other. The results of the dispute resolution process in the courts tend to cause new problems, spend a long time, require expensive, unresponsive, and cause hostility between the parties to the dispute. Through a dispute resolution process outside the court, it will result in a win-win agreement solution, guaranteed confidentiality, protected from slow administrative procedures, low costs, good relations will still be established for the parties to the dispute. Arbitration is a way to resolve civil disputes outside the general court. The method of settlement is based on an arbitration agreement made in writing by the parties to the dispute. The main prerequisite for an arbitration process is the obligation of the parties to the dispute to make a written agreement (arbitration clause), and then agree on the law and procedure for how they will end the dispute. Arbitration settlement is widely used in trade disputes. The increasing development of trade, finance and national and international industries in the current era of globalization has led to advances in the economy and industry.
{"title":"Alternatif Penyelesaian Sengketa Secara Arbitrase Melalui Pemanfaatan Teknologi Informasi","authors":"Faisal Riza, Rachmad Abduh","doi":"10.30596/DLL.V4I1.3171","DOIUrl":"https://doi.org/10.30596/DLL.V4I1.3171","url":null,"abstract":"Dispute resolution in essence can be done through two processes, namely the litigation process in court and non-litigation outside the court. In general, the litigation process will produce adversial agreements that have not been able to embrace common interests because their interests are facing each other. The results of the dispute resolution process in the courts tend to cause new problems, spend a long time, require expensive, unresponsive, and cause hostility between the parties to the dispute. Through a dispute resolution process outside the court, it will result in a win-win agreement solution, guaranteed confidentiality, protected from slow administrative procedures, low costs, good relations will still be established for the parties to the dispute. Arbitration is a way to resolve civil disputes outside the general court. The method of settlement is based on an arbitration agreement made in writing by the parties to the dispute. The main prerequisite for an arbitration process is the obligation of the parties to the dispute to make a written agreement (arbitration clause), and then agree on the law and procedure for how they will end the dispute. Arbitration settlement is widely used in trade disputes. The increasing development of trade, finance and national and international industries in the current era of globalization has led to advances in the economy and industry.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126698416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Islamic inheritance law is one of the most interesting topics to be studied because the Republic of Indonesia is a country with a population that is predominantly Muslim, in addition to the many disputes caused by Islamic inheritance law it is also the duty of academics to study this issue so that later it can become a source law in the future. On this occasion the author will examine or discuss how to protect productivity of Islamic inheritance, productivity means that something can be produced which of course the result is the right of one heir or another heir has the same rights. This will be studied using two theories from two different but closely related disciplines, Jurisprudence and other Jurisprudence. First, the method of istiṣlāḥiyyah which refers to maqāṣid ash-syarī‘ah hifẓ al-māl. Second, the istiqrā method or analysis of the farā‘iḍ calculation theory in the fiqh of the four schools.
{"title":"Perlindungan Terhadap Produktivitas Hartadalam Sistem Kewarisan Islam (Analisis Terhadap Maqasid Asy-Syari’ah Dan Kalkulasi Fara’id)","authors":"I. Indra","doi":"10.30596/DLL.V4I1.3166","DOIUrl":"https://doi.org/10.30596/DLL.V4I1.3166","url":null,"abstract":"Islamic inheritance law is one of the most interesting topics to be studied because the Republic of Indonesia is a country with a population that is predominantly Muslim, in addition to the many disputes caused by Islamic inheritance law it is also the duty of academics to study this issue so that later it can become a source law in the future. On this occasion the author will examine or discuss how to protect productivity of Islamic inheritance, productivity means that something can be produced which of course the result is the right of one heir or another heir has the same rights. This will be studied using two theories from two different but closely related disciplines, Jurisprudence and other Jurisprudence. First, the method of istiṣlāḥiyyah which refers to maqāṣid ash-syarī‘ah hifẓ al-māl. Second, the istiqrā method or analysis of the farā‘iḍ calculation theory in the fiqh of the four schools.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116794650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The implementation of consumer protection is so detailed that it is regulated through the Consumer Protection Act. But the loss of the online transportation application service providers is less in the spotlight, let alone driver losses as parties affiliated with the service application. This paper presents the disadvantages experienced by drivers and how online service application service companies are able to solve these problems. Especially controlling the implementation of online transportation applications through self-regulation made by online transportation application provider companies (providers of electronic systems). The regulation is subject to and may not conflict with the laws and regulations in force in Indonesia. In practice, the driver loss is often not questioned, but as long as there is proof of purchase, assistance or replacement is possible to the extent possible by the application service provider.
{"title":"Regulasi Mandiri Transportasi Online Dalam Pembayaran Pesanan Makanan Atas Konsumen Yang Ingkar Janji","authors":"Erwin Asmadi","doi":"10.30596/DLL.V4I1.3164","DOIUrl":"https://doi.org/10.30596/DLL.V4I1.3164","url":null,"abstract":"The implementation of consumer protection is so detailed that it is regulated through the Consumer Protection Act. But the loss of the online transportation application service providers is less in the spotlight, let alone driver losses as parties affiliated with the service application. This paper presents the disadvantages experienced by drivers and how online service application service companies are able to solve these problems. Especially controlling the implementation of online transportation applications through self-regulation made by online transportation application provider companies (providers of electronic systems). The regulation is subject to and may not conflict with the laws and regulations in force in Indonesia. In practice, the driver loss is often not questioned, but as long as there is proof of purchase, assistance or replacement is possible to the extent possible by the application service provider.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127403163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The regulation of abortion in positive law in Indonesia is contained in two laws, namely the Criminal Code (KUHP) Article 299, 346, 347, 348 and 349 and regulated in Law No. 36 of 2009 concerning Health Article 75, 76.77. There is a difference between the Criminal Code (KUHP) and the Law with the formulation of a problem, namely 1. How is the Legal Regulation of Crime Abortus Provocatus? 2. Law Enforcement Against Crime of Abortus Provocatus According to Criminal Law The research method used in this study is the approach used to this problem The research material was obtained through a normative juridical approach namely legal approach by looking at regulations, both primary law and secondary law or approach to problem by looking at the prevailing laws and regulations, literature, scientific work and opinions of experts and so on.
{"title":"Tindakan Yang Dilakukan Terhadap Kejahatan Abortus Provocatus Menurut Kitab Undang-Undang Hukum Pidana","authors":"Salim Fauzi Lubis","doi":"10.30596/DLL.V4I1.3170","DOIUrl":"https://doi.org/10.30596/DLL.V4I1.3170","url":null,"abstract":"The regulation of abortion in positive law in Indonesia is contained in two laws, namely the Criminal Code (KUHP) Article 299, 346, 347, 348 and 349 and regulated in Law No. 36 of 2009 concerning Health Article 75, 76.77. There is a difference between the Criminal Code (KUHP) and the Law with the formulation of a problem, namely 1. How is the Legal Regulation of Crime Abortus Provocatus? 2. Law Enforcement Against Crime of Abortus Provocatus According to Criminal Law The research method used in this study is the approach used to this problem The research material was obtained through a normative juridical approach namely legal approach by looking at regulations, both primary law and secondary law or approach to problem by looking at the prevailing laws and regulations, literature, scientific work and opinions of experts and so on.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115497498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A marriage is generally legalized in some countries for couples consisting of one male and one female. But similar marriage is a different matter. This type of marriage is often done between men and women and women. This marriage is considered as the right of the individual to shape his own life, so that anyone cannot forbid it, so does the existentialism flow which states that every individual is given the greatest freedom. Of course, this freedom makes an individual do things he thinks are right because it is from his own right as an individual. In HAM also states that the right to freedom of association contains elements of the right to freedom and social rights and freedom of religion shows the distinctive personal and collective rights, but if we examine it more deeply it is clear that freedom in question is freedom that has boundaries that must be met as well ; does it violate decency, religion, or the integrity of the nation? The purpose of this study is to find out same-sex marriage in the existentialism flow and to know the human rights perspective in criticizing same-sex marriage. This study uses a normative juridical approach and the nature of this research is descriptive analytical.
{"title":"Perkawinan Sejenis Dalam Presfektif Aliran Eksistensialisme Dikaitkan Dengan Hak Asasi Manusia","authors":"Otong Syuhada","doi":"10.30596/dll.v4i1.3168","DOIUrl":"https://doi.org/10.30596/dll.v4i1.3168","url":null,"abstract":"A marriage is generally legalized in some countries for couples consisting of one male and one female. But similar marriage is a different matter. This type of marriage is often done between men and women and women. This marriage is considered as the right of the individual to shape his own life, so that anyone cannot forbid it, so does the existentialism flow which states that every individual is given the greatest freedom. Of course, this freedom makes an individual do things he thinks are right because it is from his own right as an individual. In HAM also states that the right to freedom of association contains elements of the right to freedom and social rights and freedom of religion shows the distinctive personal and collective rights, but if we examine it more deeply it is clear that freedom in question is freedom that has boundaries that must be met as well ; does it violate decency, religion, or the integrity of the nation? The purpose of this study is to find out same-sex marriage in the existentialism flow and to know the human rights perspective in criticizing same-sex marriage. This study uses a normative juridical approach and the nature of this research is descriptive analytical.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133270687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Perlindungan Hukum Bagi Konsumen Dalam Jual Beli Secara Online","authors":"Budi Bahreysi","doi":"10.30596/dll.v3i2.3157","DOIUrl":"https://doi.org/10.30596/dll.v3i2.3157","url":null,"abstract":"","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115276968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pityani Meutia Lubis, Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Su Utara
{"title":"Kajian Tentang Penggunaan Alat Bukti Petunjuk Oleh Jaksa Penuntut Umum Dalam Perkara Pencabulan Anak","authors":"Pityani Meutia Lubis, Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Su Utara","doi":"10.30596/dll.v3i2.3159","DOIUrl":"https://doi.org/10.30596/dll.v3i2.3159","url":null,"abstract":"","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123590758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Efektivitas Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal Dalam Perlindungan Konsumen","authors":"Fajaruddin Fajaruddin","doi":"10.30596/dll.v3i2.3151","DOIUrl":"https://doi.org/10.30596/dll.v3i2.3151","url":null,"abstract":"","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121321014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Land is very human life so it is not surprising that every human being wants to possess or control it which results in various land problems or land conflicts in Indonesia. These land issues sometimes also lead to crimes against land which can often lead to disputes between individuals. This is more due to the availability of land that is available and limited in number is not comparable to human needs, the more days the higher the value of fulfillment of land use. The research conducted was descriptive research with normative legal approach method (normative juridical) carried out by means of literature study. The data collection tool used in this study is data in the form of document studies and literature searches. The theory used in this research is the theory of Criminal Liability, Theory of Legal Certainty and Justice Theory. Based on the results of the study it was understood that the basis for the issuance of the attorney's instructions or policies on the prosecutor's institution was Law No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia and the Criminal Procedure Code contained in article 110.
{"title":"Akibat Hukum Pelaksanaan Petunjuk Jaksa Yang Dilakukan Oleh Jaksa Terhadap Pasal 385 KUHP","authors":"Arief Pratomo","doi":"10.30596/dll.v3i2.3156","DOIUrl":"https://doi.org/10.30596/dll.v3i2.3156","url":null,"abstract":"Land is very human life so it is not surprising that every human being wants to possess or control it which results in various land problems or land conflicts in Indonesia. These land issues sometimes also lead to crimes against land which can often lead to disputes between individuals. This is more due to the availability of land that is available and limited in number is not comparable to human needs, the more days the higher the value of fulfillment of land use. The research conducted was descriptive research with normative legal approach method (normative juridical) carried out by means of literature study. The data collection tool used in this study is data in the form of document studies and literature searches. The theory used in this research is the theory of Criminal Liability, Theory of Legal Certainty and Justice Theory. Based on the results of the study it was understood that the basis for the issuance of the attorney's instructions or policies on the prosecutor's institution was Law No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia and the Criminal Procedure Code contained in article 110.","PeriodicalId":158962,"journal":{"name":"DE LEGA LATA: Jurnal Ilmu Hukum","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127606050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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