首页 > 最新文献

HERMENEUTIKA : Jurnal Ilmu Hukum最新文献

英文 中文
LEGAL PROTECTION OF THE STATE HOSPITAL AS THE IMPACT OF INDONESIAN 国家医院作为印尼法律保护的影响
Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8726
Kaspan Kaspan, M. K. Huda, Asmuni Asmuni
The purpose of this study is to analyze the legal consequences of implementing Indonesian Case Based Groups in Hospitals and to analyze government hospital laws on the implementation and services in hospitals as a result of the tariffs of Indonesian Case Based Groups. Several studies have found that a number of cases in hospitals have higher rates than BPJS Kesehatan payments, while other cases, for example with a lower severity level, hospital rates are still lower than INA-CBGs rates.The application of the INA-CBGS tariff in health services creates several legal consequences that intersect with administrative law in relation to abuse of authority, criminal law in relation to criminal acts of corruption and civil law in relation to the dispute resolution process, namely the existence of a mediation process beforehand. The form of legal protection for government hospitals in carrying out health services as a result of the INA CBGS Tariff is regulated in several regulations, namely as stated in Article 50 letter a. The Medical Practice Law and Article 75 of the Health Personnel Law, Article 45 of the Hospital Law paragraph (2), Article 58 of Law No. 36 of 2009 Concerning Health, and internally hospitals can also be regulated in Hospital by Laws and can also be in the form of a Director's Regulation Hospital.
本研究的目的是分析在医院实施印度尼西亚基于病例组的法律后果,并分析由于印度尼西亚基于病例组的关税而导致的政府医院法律在医院的实施和服务。几项研究发现,一些住院病例的费率高于BPJS Kesehatan付款,而其他病例,例如严重程度较低的病例,住院费率仍低于INA-CBGs费率。在保健服务中适用《国际海关和海关关税法》产生了若干法律后果,这些后果与滥用职权方面的行政法、与腐败犯罪行为方面的刑法和与解决争端程序(即事先存在调解程序)有关的民法相交叉。法律保护的形式为政府医院开展医疗服务的结果在cbre关税调控在一些规定,即在第五十条字母a表示。医疗实践法律和卫生人员75条法律,医院的第四十五条法律段落(2)、第五十八条法律36号2009年关于健康,在医院和医院内部也可以监管法律的形式,也可以导演规定的医院。
{"title":"LEGAL PROTECTION OF THE STATE HOSPITAL AS THE IMPACT OF INDONESIAN","authors":"Kaspan Kaspan, M. K. Huda, Asmuni Asmuni","doi":"10.33603/hermeneutika.v7i2.8726","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8726","url":null,"abstract":"The purpose of this study is to analyze the legal consequences of implementing Indonesian Case Based Groups in Hospitals and to analyze government hospital laws on the implementation and services in hospitals as a result of the tariffs of Indonesian Case Based Groups. Several studies have found that a number of cases in hospitals have higher rates than BPJS Kesehatan payments, while other cases, for example with a lower severity level, hospital rates are still lower than INA-CBGs rates.The application of the INA-CBGS tariff in health services creates several legal consequences that intersect with administrative law in relation to abuse of authority, criminal law in relation to criminal acts of corruption and civil law in relation to the dispute resolution process, namely the existence of a mediation process beforehand. The form of legal protection for government hospitals in carrying out health services as a result of the INA CBGS Tariff is regulated in several regulations, namely as stated in Article 50 letter a. The Medical Practice Law and Article 75 of the Health Personnel Law, Article 45 of the Hospital Law paragraph (2), Article 58 of Law No. 36 of 2009 Concerning Health, and internally hospitals can also be regulated in Hospital by Laws and can also be in the form of a Director's Regulation Hospital.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125061441","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}
引用次数: 0
LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES 法律审查涉及到土地权利,完整系统的土地登记程序建立在一定的法律价值基础上
Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8728
Wulan Laraswati Rengganis, Tina Marlina, Irma Maulida, Endang Sutrisno
The Ministry of ATR/BPN is authorized by the government to grant land rights and land registration activities. Therefore, the PTSL Program was created as a land registration program to achieve legal certainty. The results of the PTSL Program can be issued certificates which are proof of ownership that has legal certainty, but in fact even though they already have legal certainty they can still cause land disputes such as certificates that overlap ownership. Seeing the problems above, the author is interested in analyzing how the PTSL program is implemented for the purpose of legal certainty and efforts to resolve legal disputes in the PTSL program regarding overlapping land rights based on Permen ATR/BPN Number 21 of 2020?. The research method used is normative juridical. The results of the study show that the PTSL program with overlapping certificates of ownership has not fully obtained legal certainty due to administrative defects. Therefore, to obtain legal certainty, one of the certificates must be canceled and the process carried out according to the procedure. Efforts to resolve legal disputes in the PTSL Program regarding overlapping land rights in accordance with Article 6 Paragraph (1), Article 29 Paragraph (1), Article 34, and Article 35 of Permen ATR/BPN Number 21 of 2020. It was concluded that the PTSL Program even though can cause overlapping certificates of ownership, you can still get legal certainty with the handling regulated by Permen ATR/BPN Number 21 of 2020.
ATR/BPN部由政府授权授予土地权利和土地登记活动。因此,PTSL计划被创建为土地注册计划,以实现法律上的确定性。PTSL项目的结果可以颁发具有法律确定性的所有权证明证书,但事实上,即使他们已经具有法律确定性,他们仍然可以引起土地纠纷,例如所有权重叠的证书。鉴于上述问题,作者有兴趣分析PTSL计划如何实施,以达到法律确定性的目的,并努力解决PTSL计划中基于2020年永久ATR/BPN第21号的重叠土地权利的法律纠纷。使用的研究方法是规范法学。研究结果表明,由于行政管理上的缺陷,具有重叠所有权证书的PTSL项目并没有完全获得法律上的确定性。因此,为了获得法律上的确定性,必须取消其中一个证书,并按照程序进行流程。根据2020年第21号永久土地使用权条例第6条第(1)项、第29条第(1)项、第34条、第35条,努力解决统一土地使用权计划中土地权利重叠的法律纠纷。结论是,即使PTSL计划可能导致所有权证书重叠,您仍然可以通过2020年Permen ATR/BPN第21号规定的处理获得法律确定性。
{"title":"LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES","authors":"Wulan Laraswati Rengganis, Tina Marlina, Irma Maulida, Endang Sutrisno","doi":"10.33603/hermeneutika.v7i2.8728","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8728","url":null,"abstract":"The Ministry of ATR/BPN is authorized by the government to grant land rights and land registration activities. Therefore, the PTSL Program was created as a land registration program to achieve legal certainty. The results of the PTSL Program can be issued certificates which are proof of ownership that has legal certainty, but in fact even though they already have legal certainty they can still cause land disputes such as certificates that overlap ownership. Seeing the problems above, the author is interested in analyzing how the PTSL program is implemented for the purpose of legal certainty and efforts to resolve legal disputes in the PTSL program regarding overlapping land rights based on Permen ATR/BPN Number 21 of 2020?. The research method used is normative juridical. The results of the study show that the PTSL program with overlapping certificates of ownership has not fully obtained legal certainty due to administrative defects. Therefore, to obtain legal certainty, one of the certificates must be canceled and the process carried out according to the procedure. Efforts to resolve legal disputes in the PTSL Program regarding overlapping land rights in accordance with Article 6 Paragraph (1), Article 29 Paragraph (1), Article 34, and Article 35 of Permen ATR/BPN Number 21 of 2020. It was concluded that the PTSL Program even though can cause overlapping certificates of ownership, you can still get legal certainty with the handling regulated by Permen ATR/BPN Number 21 of 2020.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129240759","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}
引用次数: 0
ANALISIS PUTUSAN NOMOR 742/PDT.G/2017/PN MDN TENTANAG SENGKETA HARTA GONO-GINI 判决分析742/PDT。G/2017/PN本庭纠纷纠纷
Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8727
Jonathan Parulian Pasaribu, Pranzheva Theotara Sitepu, Vrans Efesus Simanjuntak, Emir Syarif Fatahillah Pakpahan, M. Alfarisi
During the marriage bond, the wife and husband work together for the benefit of married life. Talking about it here is not just about making money but also educating children and meeting children's needs. But the marriage bond does not last forever, after the husband and wife divorce, a joint property is formed. Joint property is the result of divorce. This has become the essence of Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage. The formulation of the problem that arises as a result of the dispute is how the panel of judges views it in assessing the case and what are the consequences related to the occurrence of marriage breakups in Indonesia from a legal and justice point of view. This research is juridical-normative in nature, namely tracing laws and regulations related to joint assets and case studies.
在婚姻关系中,妻子和丈夫为了婚姻生活的利益而共同努力。在这里谈论它不仅仅是为了赚钱,也是为了教育孩子,满足孩子的需求。但是婚姻关系并不是永久的,夫妻离婚后,共同财产就形成了。共同财产是离婚的结果。这已成为1974年关于婚姻的第1号法律第35条第(1)款的实质。由于争端而产生的问题的表述是法官小组在评估案件时如何看待这个问题,以及从法律和司法的角度来看,在印度尼西亚发生的婚姻破裂的后果是什么。这项研究本质上是司法规范,即追踪与共同资产有关的法律法规和案例研究。
{"title":"ANALISIS PUTUSAN NOMOR 742/PDT.G/2017/PN MDN TENTANAG SENGKETA HARTA GONO-GINI","authors":"Jonathan Parulian Pasaribu, Pranzheva Theotara Sitepu, Vrans Efesus Simanjuntak, Emir Syarif Fatahillah Pakpahan, M. Alfarisi","doi":"10.33603/hermeneutika.v7i2.8727","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8727","url":null,"abstract":"During the marriage bond, the wife and husband work together for the benefit of married life. Talking about it here is not just about making money but also educating children and meeting children's needs. But the marriage bond does not last forever, after the husband and wife divorce, a joint property is formed. Joint property is the result of divorce. This has become the essence of Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage. The formulation of the problem that arises as a result of the dispute is how the panel of judges views it in assessing the case and what are the consequences related to the occurrence of marriage breakups in Indonesia from a legal and justice point of view. This research is juridical-normative in nature, namely tracing laws and regulations related to joint assets and case studies.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131324595","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}
引用次数: 0
THE APPLICATION OF CRIMINOLOGY TO VIOLATIONS OF PROFESSIONAL CODE OF ETHICS BY POLICE PERSONNEL 犯罪学对警察人员违反职业道德准则的应用
Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8725
Dwi Bintang Nugroho, Puti Priyana, C. Iman
If the law is viewed from the perspective of law enforcement agencies, the Code of Ethics violations committed by police officers as users of online prostitution services are a slander against law enforcement in Indonesia, so criminology is needed to study more deeply the causes of these violations. The method used by the researcher in preparing this paper is a descriptive writing method with a normative juridical research approach, and the data collection method used is literature study. The purpose of this research is so that readers can understand the application of criminology to KEPP Violations by Police Officers and understand and analyze the resolution of KEPP violators based on PERKAP No. 14 Year 2011 related to the use of online prostitution services during the assignment by police officer.
如果从执法机构的角度来看,作为网络卖淫服务用户的警察违反道德规范的行为是对印尼执法的诽谤,因此需要犯罪学更深入地研究这些违法行为的原因。研究者在准备这篇论文时使用的方法是一种带有规范的法律研究方法的描述性写作方法,使用的数据收集方法是文献研究。本研究的目的是让读者了解犯罪学在警察违反KEPP行为中的应用,并根据PERKAP 2011年第14号关于警察在执行任务期间使用网络卖淫服务的解决方案,了解和分析违反KEPP行为的解决方案。
{"title":"THE APPLICATION OF CRIMINOLOGY TO VIOLATIONS OF PROFESSIONAL CODE OF ETHICS BY POLICE PERSONNEL","authors":"Dwi Bintang Nugroho, Puti Priyana, C. Iman","doi":"10.33603/hermeneutika.v7i2.8725","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8725","url":null,"abstract":"If the law is viewed from the perspective of law enforcement agencies, the Code of Ethics violations committed by police officers as users of online prostitution services are a slander against law enforcement in Indonesia, so criminology is needed to study more deeply the causes of these violations. The method used by the researcher in preparing this paper is a descriptive writing method with a normative juridical research approach, and the data collection method used is literature study. The purpose of this research is so that readers can understand the application of criminology to KEPP Violations by Police Officers and understand and analyze the resolution of KEPP violators based on PERKAP No. 14 Year 2011 related to the use of online prostitution services during the assignment by police officer.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122866529","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}
引用次数: 0
DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES 通过法定离婚案件中依职权法官的依职权确定赡养费
Pub Date : 2023-08-27 DOI: 10.33603/hermeneutika.v7i2.8724
M. Fadhil, Muhammad Hendra, Dewi Ervina Suryani
This study aims to answer the problem of determining iddah maintenance through the ex officio rights of judges in verstek divorce cases. Divorce cases involving verstek talak mean that the wife has never been present at the divorce hearing and has not filed a claim for her right to support her iddah after the divorce. Even though Article 41 of the Marriage Law and Article 149 of the KHI regulate the husband's obligation to provide iddah maintenance to his divorced wife. The form of research used in this study is normative juridical research (library research) with a statutory approach. This normative legal research is based on secondary legal material obtained through data collection techniques of library studies and the data obtained is then analyzed using descriptive-qualitative methods. This study found that although Article 178 HIR paragraph 3 and Article 189 RBg Paragraph 3 state that judges are prohibited from passing decisions on cases that are not prosecuted or granted more than what is demanded, there are specificities in the procedural law of the Religious Courts as stipulated in Article 54 Law Number 3 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The basis for implementing the ex officio right to determining iddah maintenance in cases of verstek divorce is Article 41 letter c of Law Number 1 of 1974 which reads "The court may oblige the ex-husband to provide subsistence expenses and or determine an obligation for the ex-husband".
本研究旨在透过法官依职权在离婚案件中确定赡养费的问题。涉及verstek talak的离婚案件意味着妻子从未出席离婚听证会,也没有提出离婚后赡养子女的权利。尽管《婚姻法》第41条和《大韩公法》第149条规定了丈夫向离婚妻子提供赡养费的义务。本研究使用的研究形式是规范的法律研究(图书馆研究)与法定的方法。这项规范性法律研究是基于通过图书馆研究的数据收集技术获得的二手法律材料,然后使用描述性定性方法对获得的数据进行分析。本研究发现,尽管《中华人民共和国宪法》第178条第3款和《中华人民共和国宪法》第189条第3款规定,禁止法官对未起诉的案件作出判决,或给予超过要求的判决,但《中华人民共和国宗教法院诉讼法》中有具体规定,如《中华人民共和国宗教法院诉讼法》第54条第3号法对1989年《中华人民共和国宗教法院法》第7号法的修正。根据1974年第1号法律第41条c款,在离婚案件中行使依职权确定赡养费的依据是“法院可责成前夫提供生活费和或确定前夫的义务”。
{"title":"DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES","authors":"M. Fadhil, Muhammad Hendra, Dewi Ervina Suryani","doi":"10.33603/hermeneutika.v7i2.8724","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i2.8724","url":null,"abstract":"This study aims to answer the problem of determining iddah maintenance through the ex officio rights of judges in verstek divorce cases. Divorce cases involving verstek talak mean that the wife has never been present at the divorce hearing and has not filed a claim for her right to support her iddah after the divorce. Even though Article 41 of the Marriage Law and Article 149 of the KHI regulate the husband's obligation to provide iddah maintenance to his divorced wife. The form of research used in this study is normative juridical research (library research) with a statutory approach. This normative legal research is based on secondary legal material obtained through data collection techniques of library studies and the data obtained is then analyzed using descriptive-qualitative methods. This study found that although Article 178 HIR paragraph 3 and Article 189 RBg Paragraph 3 state that judges are prohibited from passing decisions on cases that are not prosecuted or granted more than what is demanded, there are specificities in the procedural law of the Religious Courts as stipulated in Article 54 Law Number 3 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The basis for implementing the ex officio right to determining iddah maintenance in cases of verstek divorce is Article 41 letter c of Law Number 1 of 1974 which reads \"The court may oblige the ex-husband to provide subsistence expenses and or determine an obligation for the ex-husband\".","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127244122","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}
引用次数: 0
THE URGENCY OF IMPLEMENTING PSYCHOLOGY EDUCATION AND SERVICE LAW IN PROTECTING PSYCHOLOGY PROFESSIONALS AND COMMUNITY 实施心理教育和服务法保护心理专业人员和社会的紧迫性
Pub Date : 2023-02-28 DOI: 10.33603/hermeneutika.v7i1.8441
Bagas Rahmatullah
Law Number 23 of 2022 concerning Psychology Education and Services is a law that has just been passed as a government implementation in providing protection for the psychology profession and society, with this law it is hoped that it can provide legal certainty to those who need it. However, there are still deficiencies and overlapping regulations that need to be reviewed regarding the application of this law later. This study uses a normative juridical approach that functions to review laws based on scientific and relevant literature reviews. Based on the research results, there are critical points in this law, such as registration certificates for non-health psychologists and psychology education schemes that are required to conform to Law no. 23 Year 2022 in 2 years time. Based on the results of the study, researchers see the need for alignment between psychology professional organizations, the Ministry of Education and Culture, and also the Ministry of Health in solving this problem.
关于心理教育和服务的2022年第23号法律是刚刚通过的一项法律,作为政府实施的一项法律,为心理专业和社会提供保护,希望通过这项法律,它可以为那些需要它的人提供法律确定性。但是,关于该法的适用,仍然存在不足和重叠的规定,需要在以后进行审查。本研究采用一种规范的司法方法,在科学和相关文献综述的基础上对法律进行审查。根据研究结果,该法律中有一些关键点,例如非健康心理学家的注册证书和心理教育计划,都需要符合第2号法。2年后就是2022年了。根据这项研究的结果,研究人员认为,在解决这一问题时,心理学专业组织、教育和文化部以及卫生部之间需要协调一致。
{"title":"THE URGENCY OF IMPLEMENTING PSYCHOLOGY EDUCATION AND SERVICE LAW IN PROTECTING PSYCHOLOGY PROFESSIONALS AND COMMUNITY","authors":"Bagas Rahmatullah","doi":"10.33603/hermeneutika.v7i1.8441","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8441","url":null,"abstract":"Law Number 23 of 2022 concerning Psychology Education and Services is a law that has just been passed as a government implementation in providing protection for the psychology profession and society, with this law it is hoped that it can provide legal certainty to those who need it. However, there are still deficiencies and overlapping regulations that need to be reviewed regarding the application of this law later. This study uses a normative juridical approach that functions to review laws based on scientific and relevant literature reviews. Based on the research results, there are critical points in this law, such as registration certificates for non-health psychologists and psychology education schemes that are required to conform to Law no. 23 Year 2022 in 2 years time. Based on the results of the study, researchers see the need for alignment between psychology professional organizations, the Ministry of Education and Culture, and also the Ministry of Health in solving this problem.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130599104","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}
引用次数: 0
THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District) 《UNDANG-UNDANG》2019年第16期《JAMAAH TABLIGH》对结婚年龄的看法(以Deli Serdang地区JAMAAH TABLIGH为例)
Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8368
M. Fadhil
This study aims to answer how the opinions and practices of the Jamaah Tabligh in Deli Serdang district about the age of marriage by making Undang-Undang Number 16 of 2019 as the basis for the analysis. This study uses empirical juridical research, and data collection techniques in this study are observation, interviews, and document studies. This study found that there are opinions and practices of the Jamaah Tabligh community in Deli Serdang district in marrying off their children may be done when they reach puberty. The background factor is to avoid adultery and promiscuity. Meanwhile, the minimum age for marriage regulated in the Undang-Undang Number 16 of 2019 for men and women as stipulated in Undang-Undang Number 16 of 2019 concerning amendments to Undang-Undang Number 1 of 1974 concerning Marriage. According to the opinions of the Jamaah Tabligh in Deli Serdang district Stick rules regarding the minimum age limit for marriage stipulated in the law are a form of recommendation, so there is no problem with not following the statutory rules regarding the minimum age limit for marriage when marrying off their children for good purposes.
本研究旨在以2019年Undang-Undang Number 16为分析基础,回答Deli Serdang地区Jamaah Tabligh对结婚年龄的看法和做法。本研究采用实证法研究,资料收集方法为观察法、访谈法和文献法。本研究发现,在Deli Serdang地区的Jamaah tabigh社区中,有一些观点和做法认为,孩子到了青春期就可以结婚。背景因素是为了避免通奸和滥交。同时,2019年《Undang-Undang第16号文件》规定的男女最低结婚年龄与《Undang-Undang第16号文件》有关1974年《Undang-Undang第1号文件》关于婚姻的修正案的规定相同。根据Deli Serdang地区的Jamaah Tabligh的意见,法律规定的关于结婚最低年龄限制的规定是一种建议形式,因此,为了良好的目的而将子女嫁出去时,不遵守关于结婚最低年龄限制的法定规则是没有问题的。
{"title":"THE OPINION OF JAMAAH TABLIGH ABOUT MARRIAGE AGE BY UNDANG-UNDANG NUMBER 16 OF 2019 (A Case Study of the Jamaah Tabligh in Deli Serdang District)","authors":"M. Fadhil","doi":"10.33603/hermeneutika.v7i1.8368","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8368","url":null,"abstract":"This study aims to answer how the opinions and practices of the Jamaah Tabligh in Deli Serdang district about the age of marriage by making Undang-Undang Number 16 of 2019 as the basis for the analysis. This study uses empirical juridical research, and data collection techniques in this study are observation, interviews, and document studies. This study found that there are opinions and practices of the Jamaah Tabligh community in Deli Serdang district in marrying off their children may be done when they reach puberty. The background factor is to avoid adultery and promiscuity. Meanwhile, the minimum age for marriage regulated in the Undang-Undang Number 16 of 2019 for men and women as stipulated in Undang-Undang Number 16 of 2019 concerning amendments to Undang-Undang Number 1 of 1974 concerning Marriage. According to the opinions of the Jamaah Tabligh in Deli Serdang district Stick rules regarding the minimum age limit for marriage stipulated in the law are a form of recommendation, so there is no problem with not following the statutory rules regarding the minimum age limit for marriage when marrying off their children for good purposes.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130465486","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}
引用次数: 0
LEGAL ASPECTS OF PP NO 29 OF 2020 CONCERNING INCOME TAX FACILITIES IN THE FRAMEWORK OF HANDLING CORONA VIRUS DISEASE 关于处理冠状病毒病框架内所得税设施的2020年第29号文件的法律方面
Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8367
Agustina Ekra Flamella, Fitika Andraini
The Legal Aspects of PP No 29 of 2020 Concerning Income Tax Facilities in the Context of Handling Corona Virus Disease (Covid-19) and the impact after the enactment of PP No 29 of 2020 Concerning Income Tax Facilities in the Contex of Handling Corona Virus Disease (Covid-19) for UMKM. This study uses an empirical juridical approach which is a type of legal research conducted by looking at the real conditions of the community environment with the intent and purpose of finding the facts and date needed. The conclusions from this study are (1) The understanding of UMKM actors who still do not understand the contents of PP No 29 of 2020 article (5) to article (6) which states that UMKM actors do not pay taxes but only report their business income to the Web DJP and will be paid by the government which will be accumulated annually. (2) Knowing the impact after the enactment of PP No 29 of 2020, namely UMKM players, especially Semarang Candisari, Semarang City, have made good use of this regulation because IT problems have developed, many UMKM are better acquainted with IT, especially small business, the majority of sellers are elderly and parent. (3) The researcher suggests for all UMKM actors, especially in the Candisari Semarang area, to contribute more to the state througt paying taxes because currently it is made easier by the Government.
2020年第29号《关于应对新冠肺炎(Covid-19)的所得税安排的法律问题》以及2020年第29号《关于应对新冠肺炎(Covid-19)的所得税安排》颁布后对UMKM的影响。本研究采用实证司法方法,这是一种通过观察社区环境的真实情况而进行的法律研究,其意图和目的是找到所需的事实和日期。本研究的结论是:(1)UMKM行为人的理解,他们仍然不理解2020年PP No . 29第(5)条至第(6)条的内容,其中规定UMKM行为人不纳税,只向Web DJP报告其业务收入,由政府支付,并将每年累积。(2)了解2020年第29号PP颁布后的影响,即UMKM参与者,特别是三宝垄,三宝垄市,已经很好地利用了这一规定,因为IT问题已经发展,许多UMKM对IT更熟悉,特别是小企业,大多数卖家是老年人和父母。(3)研究人员建议所有巫统参与者,特别是在三宝垄地区,通过纳税为国家做出更多贡献,因为目前政府使这更容易。
{"title":"LEGAL ASPECTS OF PP NO 29 OF 2020 CONCERNING INCOME TAX FACILITIES IN THE FRAMEWORK OF HANDLING CORONA VIRUS DISEASE","authors":"Agustina Ekra Flamella, Fitika Andraini","doi":"10.33603/hermeneutika.v7i1.8367","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8367","url":null,"abstract":"The Legal Aspects of PP No 29 of 2020 Concerning Income Tax Facilities in the Context of Handling Corona Virus Disease (Covid-19) and the impact after the enactment of PP No 29 of 2020 Concerning Income Tax Facilities in the Contex of Handling Corona Virus Disease (Covid-19) for UMKM. This study uses an empirical juridical approach which is a type of legal research conducted by looking at the real conditions of the community environment with the intent and purpose of finding the facts and date needed. The conclusions from this study are (1) The understanding of UMKM actors who still do not understand the contents of PP No 29 of 2020 article (5) to article (6) which states that UMKM actors do not pay taxes but only report their business income to the Web DJP and will be paid by the government which will be accumulated annually. (2) Knowing the impact after the enactment of PP No 29 of 2020, namely UMKM players, especially Semarang Candisari, Semarang City, have made good use of this regulation because IT problems have developed, many UMKM are better acquainted with IT, especially small business, the majority of sellers are elderly and parent. (3) The researcher suggests for all UMKM actors, especially in the Candisari Semarang area, to contribute more to the state througt paying taxes because currently it is made easier by the Government.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133618714","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}
引用次数: 0
AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 ON THE PRACTICE OF UNDERAGE MARRIAGE IN KARAWANG REGENCY 2019年第16号关于卡拉旺县未成年结婚的法律规定了结婚年龄限制
Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8370
Destia Ayuning Thias, M. Abas, A. Hidayat
Underage marriages are marriages that do not meet the minimum age requirements stipulated in law number 16 of 2019 concerning amendments to law number 1 of 1974 concerning marriage. In law number 16 of 2019 article 7 it states that marriage is only permitted if a man and a woman have reached the age of 19. Based on the research results, it can be interpreted that the marriage rate in Karawang district has fluctuated since the enactment of law number 16 of 2019. This is evidenced by the percentage of underage marriage rates in Karawang district based on marriage dispensation data at the Karawang religious court. The data obtained is as follows, in 2019 there were 59 submissions, in 2020 there were 203 submissions, in 2021 there were 122 submissions and in 2022 there were 127 submissions. In addition, there are several factors that cause underage marriages in Karawang district, including arranged marriages, parents avoiding their children from committing adultery and even because they have already sent out invitations. There are some who are pregnant out of wedlock but the number is only a few in Karawang district. Legal research was conducted using an empiris juridical approach.
未成年婚姻是指不符合关于修订1974年关于婚姻的第1号法律的2019年第16号法律规定的最低年龄要求的婚姻。2019年第16号法律第7条规定,只有男女双方年满19岁才能结婚。根据研究结果,可以解释为自2019年第16号法律颁布以来,卡拉旺地区的结婚率出现了波动。根据卡拉旺宗教法院的婚姻分配数据,卡拉旺地区未成年人结婚率的百分比证明了这一点。获得的数据如下,2019年有59份提交,2020年有203份提交,2021年有122份提交,2022年有127份提交。此外,在卡拉旺地区,有几个因素导致未成年人结婚,包括包办婚姻,父母避免孩子通奸,甚至因为他们已经发出了邀请。有些人是未婚先孕,但在卡拉旺地区,这一数字只有少数。法律研究是采用经验法学方法进行的。
{"title":"AGE LIMIT FOR MARRIAGE IN LAW NUMBER 16 OF 2019 ON THE PRACTICE OF UNDERAGE MARRIAGE IN KARAWANG REGENCY","authors":"Destia Ayuning Thias, M. Abas, A. Hidayat","doi":"10.33603/hermeneutika.v7i1.8370","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8370","url":null,"abstract":"Underage marriages are marriages that do not meet the minimum age requirements stipulated in law number 16 of 2019 concerning amendments to law number 1 of 1974 concerning marriage. In law number 16 of 2019 article 7 it states that marriage is only permitted if a man and a woman have reached the age of 19. Based on the research results, it can be interpreted that the marriage rate in Karawang district has fluctuated since the enactment of law number 16 of 2019. This is evidenced by the percentage of underage marriage rates in Karawang district based on marriage dispensation data at the Karawang religious court. The data obtained is as follows, in 2019 there were 59 submissions, in 2020 there were 203 submissions, in 2021 there were 122 submissions and in 2022 there were 127 submissions. In addition, there are several factors that cause underage marriages in Karawang district, including arranged marriages, parents avoiding their children from committing adultery and even because they have already sent out invitations. There are some who are pregnant out of wedlock but the number is only a few in Karawang district. Legal research was conducted using an empiris juridical approach.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"10 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114338751","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}
引用次数: 0
PROTECTION OF DOMESTIC VIOLENCE VICTIMS PURSUANT TO LAW NUMBER 23 OF 2004 根据2004年第23号法律保护家庭暴力受害者
Pub Date : 2023-02-24 DOI: 10.33603/hermeneutika.v7i1.8369
Rachmat Ihya
In order to realize this wholeness and harmony, it really depends on everyone in the household, especially the level of quality of behavior and self-control of everyone in the household. The integrity and harmony of the household can be disrupted if the quality and self-control cannot be controlled, which in the end can lead to domestic violence resulting in insecurity or injustice to people in the household environment. To prevent, protect victims, and take action against perpetrators of domestic violence, the state and society are obliged to carry out prevention, protection and prosecution of perpetrators in accordance with the philosophy of Pancasila and the 1945 Constitution. The state is of the view that all forms of violence, especially domestic violence, are violations of human rights. Humans and crimes against human dignity and dignity as well as forms of discrimination. The problem approach used in writing this thesis uses a normative juridical approach, meaning that a scientific study conducted based on studying the law will identify several legal aspects and the basic principles that develop in these provisions.
为了实现这种整体与和谐,它确实取决于家庭中的每个人,特别是家庭中每个人的行为质量和自我控制水平。如果不能控制质量和自我控制,家庭的完整性和和谐就会被破坏,最终可能导致家庭暴力,导致家庭环境中的人不安全或不公正。为了预防、保护受害者并对家庭暴力施暴者采取行动,国家和社会有义务根据潘卡西拉的理念和1945年《宪法》对施暴者进行预防、保护和起诉。国家认为,一切形式的暴力,特别是家庭暴力,都是对人权的侵犯。人类和危害人类尊严和尊严的罪行以及各种形式的歧视。在撰写本文时使用的问题方法使用了规范的司法方法,这意味着在研究法律的基础上进行的科学研究将确定几个法律方面和这些规定中发展的基本原则。
{"title":"PROTECTION OF DOMESTIC VIOLENCE VICTIMS PURSUANT TO LAW NUMBER 23 OF 2004","authors":"Rachmat Ihya","doi":"10.33603/hermeneutika.v7i1.8369","DOIUrl":"https://doi.org/10.33603/hermeneutika.v7i1.8369","url":null,"abstract":"In order to realize this wholeness and harmony, it really depends on everyone in the household, especially the level of quality of behavior and self-control of everyone in the household. The integrity and harmony of the household can be disrupted if the quality and self-control cannot be controlled, which in the end can lead to domestic violence resulting in insecurity or injustice to people in the household environment. To prevent, protect victims, and take action against perpetrators of domestic violence, the state and society are obliged to carry out prevention, protection and prosecution of perpetrators in accordance with the philosophy of Pancasila and the 1945 Constitution. The state is of the view that all forms of violence, especially domestic violence, are violations of human rights. Humans and crimes against human dignity and dignity as well as forms of discrimination. The problem approach used in writing this thesis uses a normative juridical approach, meaning that a scientific study conducted based on studying the law will identify several legal aspects and the basic principles that develop in these provisions.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128289674","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}
引用次数: 0
期刊
HERMENEUTIKA : Jurnal Ilmu Hukum
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1