Pub Date : 2023-02-16DOI: 10.33756/eslaj.v5i1.20533
Hadrian Abdjul
This research aim to find out Socio - juridical review of the crime of embezzlement of Fiduciary Guarantee objects . This study raises two issues, namely how the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects and what are the causative factors. This study uses an empirical legal research method with a sociological jurisprudence approach . The results of this study indicate that the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects in Kabila District, Bone Bolango Regency is based on the socio-juridical scope, namely, first the law, Second , state institutions that function to form or make and enforce the law , and Third , the interactive relationship between the formal legal system and the legal order of society. Factors causing the crime of embezzlement of Fiduciary Guarantee objects, namely First, economic factors, where the provision of fees is one of the reasons KN is willing to lend his identity to be used in Fiduciary Guarantee agreements by AHI. The second is the social environmental factor, where the friendship relationship that exists between the perpetrators of embezzlement of Fiduciary Guarantee objects is one of the reasons KN is willing to lend his identity to be used by AHI in the Fiduciary Guarantee agreement.
{"title":"Socio Juridical Review Of The Criminal Action Of Embraction Of Fiduciary Objects (Case Study Of Kabila District, Bone Bolango District )","authors":"Hadrian Abdjul","doi":"10.33756/eslaj.v5i1.20533","DOIUrl":"https://doi.org/10.33756/eslaj.v5i1.20533","url":null,"abstract":"This research aim to find out Socio - juridical review of the crime of embezzlement of Fiduciary Guarantee objects . This study raises two issues, namely how the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects and what are the causative factors. This study uses an empirical legal research method with a sociological jurisprudence approach . The results of this study indicate that the socio-juridical review of the crime of embezzlement of Fiduciary Guarantee objects in Kabila District, Bone Bolango Regency is based on the socio-juridical scope, namely, first the law, Second , state institutions that function to form or make and enforce the law , and Third , the interactive relationship between the formal legal system and the legal order of society. Factors causing the crime of embezzlement of Fiduciary Guarantee objects, namely First, economic factors, where the provision of fees is one of the reasons KN is willing to lend his identity to be used in Fiduciary Guarantee agreements by AHI. The second is the social environmental factor, where the friendship relationship that exists between the perpetrators of embezzlement of Fiduciary Guarantee objects is one of the reasons KN is willing to lend his identity to be used by AHI in the Fiduciary Guarantee agreement.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114219885","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}
Pub Date : 2023-02-12DOI: 10.33756/eslaj.v5i1.20421
Andi Muliadi
The purpose of this study is to determine and analyze the implementation of the zoning system in the cultural heritage of Fort Otanaha in Gorontalo Province. This research uses a type of normative-empirical (applied) research, which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on a certain legal event that occurs in society. Based on the results of the study, it was concluded that in the application of the zoning system in accordance with the mandate of applicable laws and regulations, it is necessary to have a legal umbrella, namely a derivative regulation that can become a legal umbrella and become an extension to realize the mandate stated in the Cultural Heritage Law so that the cultural heritage of Fort Otanaha can be preserved and passed down from generation to generation.
{"title":"Cultural Heritage Zoning System of Otanaha Fort Gorontalo City: Its Implementation in Regional Regulations","authors":"Andi Muliadi","doi":"10.33756/eslaj.v5i1.20421","DOIUrl":"https://doi.org/10.33756/eslaj.v5i1.20421","url":null,"abstract":"The purpose of this study is to determine and analyze the implementation of the zoning system in the cultural heritage of Fort Otanaha in Gorontalo Province. This research uses a type of normative-empirical (applied) research, which is research that examines the implementation or implementation of positive legal provisions (legislation) and written documents in action (factual) on a certain legal event that occurs in society. Based on the results of the study, it was concluded that in the application of the zoning system in accordance with the mandate of applicable laws and regulations, it is necessary to have a legal umbrella, namely a derivative regulation that can become a legal umbrella and become an extension to realize the mandate stated in the Cultural Heritage Law so that the cultural heritage of Fort Otanaha can be preserved and passed down from generation to generation.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128408554","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}
Pub Date : 2023-02-12DOI: 10.33756/eslaj.v5i1.20409
W. Latief
The purpose of this study was to find out what are the factors that cause children to commit murder crimes, as well as to find out what efforts are made by the Gorontalo City Police in overcoming the occurrence of a murder crime committed by children. This research was conducted using empirical legal research methods. The results of this study can be seen that the factors that cause children to commit murder are internal factors which include unstable emotional factors, misunderstanding factors, vengeful factors, psychological factors, and weak faith factors. While on external factors, namely family factors, economic factors, alcoholic beverage factors, and child neglect factors. While the countermeasures carried out by the Gorontalo City Police are pre-emptive efforts which are basic actions in the form of appeals, then preventive efforts are continued efforts preemptive in the form of direct and repressive preventive measures which are punitive efforts or law enforcement efforts
{"title":"Law Enforcement Efforts for Child Murder","authors":"W. Latief","doi":"10.33756/eslaj.v5i1.20409","DOIUrl":"https://doi.org/10.33756/eslaj.v5i1.20409","url":null,"abstract":"The purpose of this study was to find out what are the factors that cause children to commit murder crimes, as well as to find out what efforts are made by the Gorontalo City Police in overcoming the occurrence of a murder crime committed by children. This research was conducted using empirical legal research methods. The results of this study can be seen that the factors that cause children to commit murder are internal factors which include unstable emotional factors, misunderstanding factors, vengeful factors, psychological factors, and weak faith factors. While on external factors, namely family factors, economic factors, alcoholic beverage factors, and child neglect factors. While the countermeasures carried out by the Gorontalo City Police are pre-emptive efforts which are basic actions in the form of appeals, then preventive efforts are continued efforts preemptive in the form of direct and repressive preventive measures which are punitive efforts or law enforcement efforts","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124367390","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}
Pub Date : 2023-02-12DOI: 10.33756/eslaj.v5i1.20381
Muh Muhyi Tombinawam, Mutia Cherawati Thalib, A. Tome
This study aims to determine how the implementation of rural area development in Bone Bolango Regency is based on Ministerial Regulation Number 5 of 2016. The legal basis of the rural area development policy is Law Number 6 of 2014 concerning Villages. The law has the purpose and function of creating a strong, independent, peaceful, and democratic village that is used to regulate the development of rural areas. The results of this study are; 1). The implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 can be carried out by forming a Coordination Team for Rural Area Development, planning the preparation of the development plan in question, and cooperation and determination of the village sarasan; 2). Obstacles in the implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 are the lack of formation of a Rural Area Development Coordination Team (TKPKP), and the lack of maximum implementation of rural area development in Bone Bolango Regency
{"title":"Implementation of Rural Area Development Based on the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration","authors":"Muh Muhyi Tombinawam, Mutia Cherawati Thalib, A. Tome","doi":"10.33756/eslaj.v5i1.20381","DOIUrl":"https://doi.org/10.33756/eslaj.v5i1.20381","url":null,"abstract":"This study aims to determine how the implementation of rural area development in Bone Bolango Regency is based on Ministerial Regulation Number 5 of 2016. The legal basis of the rural area development policy is Law Number 6 of 2014 concerning Villages. The law has the purpose and function of creating a strong, independent, peaceful, and democratic village that is used to regulate the development of rural areas. The results of this study are; 1). The implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 can be carried out by forming a Coordination Team for Rural Area Development, planning the preparation of the development plan in question, and cooperation and determination of the village sarasan; 2). Obstacles in the implementation of rural area development in Bone Bolango Regency based on Ministerial Regulation Number 5 of 2016 are the lack of formation of a Rural Area Development Coordination Team (TKPKP), and the lack of maximum implementation of rural area development in Bone Bolango Regency","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125159302","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}
Pub Date : 2023-02-12DOI: 10.33756/eslaj.v5i1.20464
S. Sarjono
The purpose of this research is to find out what is becomingfactors causing violence against women in the household as well as legal protection efforts for victims of violence against women in the household in the Kusambi Police Region, West Muna Regency. The research method used is Empirical. Legal protection efforts that can be given to victims of domestic violence in the Kusambi Police area from the perspective of police victimology in minimizing the incidence of victims of domestic violence in the Kusambi Police area are carried out using a preventive approach, which is a follow-up effort from pre-emptive efforts. which provides counseling and outreach to the community. Meanwhile, repressive efforts are by way of law enforcement against perpetrators of domestic violence in accordance with applicable punishments. ConclusionFrom the point of view of critical victimology, the main factors that cause violence against women contain three points, namely in terms of substance, constraints by law enforcement officials, and the legal culture of society. Forms of legal protection that can be given to victims of domestic violence in the Kusambi Police area from a victimological perspectivenamely preventive efforts andrepressive.
{"title":"Legal Protection for Victims of Domestic Violence","authors":"S. Sarjono","doi":"10.33756/eslaj.v5i1.20464","DOIUrl":"https://doi.org/10.33756/eslaj.v5i1.20464","url":null,"abstract":"The purpose of this research is to find out what is becomingfactors causing violence against women in the household as well as legal protection efforts for victims of violence against women in the household in the Kusambi Police Region, West Muna Regency. The research method used is Empirical. Legal protection efforts that can be given to victims of domestic violence in the Kusambi Police area from the perspective of police victimology in minimizing the incidence of victims of domestic violence in the Kusambi Police area are carried out using a preventive approach, which is a follow-up effort from pre-emptive efforts. which provides counseling and outreach to the community. Meanwhile, repressive efforts are by way of law enforcement against perpetrators of domestic violence in accordance with applicable punishments. ConclusionFrom the point of view of critical victimology, the main factors that cause violence against women contain three points, namely in terms of substance, constraints by law enforcement officials, and the legal culture of society. Forms of legal protection that can be given to victims of domestic violence in the Kusambi Police area from a victimological perspectivenamely preventive efforts andrepressive.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125287838","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}
Pub Date : 2022-10-17DOI: 10.33756/eslaj.v4i2.19244
Mawarni Karim, Fenty U. Puluhulawa, Jufryanto Puluhulawa, Vifi Swarianata
In the current technological era, developments occur in all aspects of life including trading activities, namely online shopping. Online shopping began to grow and develop into a habit for the community. Mothers' shopping habits are increasingly turning to buying and selling online for more practical reasons. For modern society, especially in Indonesia, online shopping, online shopping applications, and social media have various kinds of goods or services that they want or need. the purpose of conducting this research is to analyze the legal protection of the personal data of consumers who shop online. The research used in this paper is Juridical Sociological research and uses a descriptive qualitative research approach and uses interactive analysis techniques
{"title":"Legal Protection for Consumers' Personal Data in Online Shopping","authors":"Mawarni Karim, Fenty U. Puluhulawa, Jufryanto Puluhulawa, Vifi Swarianata","doi":"10.33756/eslaj.v4i2.19244","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.19244","url":null,"abstract":"In the current technological era, developments occur in all aspects of life including trading activities, namely online shopping. Online shopping began to grow and develop into a habit for the community. Mothers' shopping habits are increasingly turning to buying and selling online for more practical reasons. For modern society, especially in Indonesia, online shopping, online shopping applications, and social media have various kinds of goods or services that they want or need. the purpose of conducting this research is to analyze the legal protection of the personal data of consumers who shop online. The research used in this paper is Juridical Sociological research and uses a descriptive qualitative research approach and uses interactive analysis techniques","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131085773","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}
Pub Date : 2022-10-15DOI: 10.33756/eslaj.v4i2.18257
Nur Fadhliyah Putri Daud, Zamroni Abdussama
: This study aims to determine law enforcement against political crimes in elections. The method used in this study is research methodology The type of research used is sociological juridical and this study uses a descriptive research approach and quality data analysis techniques. The results of this study show that law enforcement against political crimes within the scope of the 2019 legislative elections in Boalemo Regency has not been carried out optimally. Where from the series of cases that have been described in the discussion which amounts to 7 cases, what can be solved by Bawaslu is only 2 cases. So that it can provide an understanding that law enforcement against election violations by Bawaslu is still not implemented properly, even though there are already regulations that regulate it. Supervision of political money should be Bawaslu increased Supervision in the form of participatory supervision.
{"title":"Law Enforcement Against Political Crimes in Elections","authors":"Nur Fadhliyah Putri Daud, Zamroni Abdussama","doi":"10.33756/eslaj.v4i2.18257","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18257","url":null,"abstract":": This study aims to determine law enforcement against political crimes in elections. The method used in this study is research methodology The type of research used is sociological juridical and this study uses a descriptive research approach and quality data analysis techniques. The results of this study show that law enforcement against political crimes within the scope of the 2019 legislative elections in Boalemo Regency has not been carried out optimally. Where from the series of cases that have been described in the discussion which amounts to 7 cases, what can be solved by Bawaslu is only 2 cases. So that it can provide an understanding that law enforcement against election violations by Bawaslu is still not implemented properly, even though there are already regulations that regulate it. Supervision of political money should be Bawaslu increased Supervision in the form of participatory supervision.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114308471","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}
Pub Date : 2022-10-15DOI: 10.33756/eslaj.v4i2.19459
Moh. Fahrul Dawali, Lisnawati W. Badu, Suwitno Y. Imran
This study aims to determine and analyze the criminal liability of companies that do not fulfill their obligations to workers in the employment BPJS guarantee. The research method used is sociological juridical research, using a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that there are still many companies that neglect to provide fulfillment of workers' obligations in the Employment BPJS guarantee as stipulated in Law No. 24 of 2011 concerning the Social Security Organizing Agency (Law No. 24 of 2011), which protects workers' rights to obtain guarantees for compensation for work accidents. The establishment of the Social Security Organizing Agency (BPJS) is not a new thing in the field of employment, because social security for workers has previously been regulated in Law No. 14 of 1993 concerning Workers' Social Security or better known as Jamsostek. Law No. 40 of 2004 on the National Social Security System was enacted in 2004 with the aim of creating an integrated social security system for all Indonesians, and the social security system was institutionalized in a public legal entity.
{"title":"Implementation of Criminal Liability for Companies That Do Not Fulfill Obligations to Workers in Employment BPJS Guarantee","authors":"Moh. Fahrul Dawali, Lisnawati W. Badu, Suwitno Y. Imran","doi":"10.33756/eslaj.v4i2.19459","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.19459","url":null,"abstract":"This study aims to determine and analyze the criminal liability of companies that do not fulfill their obligations to workers in the employment BPJS guarantee. The research method used is sociological juridical research, using a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that there are still many companies that neglect to provide fulfillment of workers' obligations in the Employment BPJS guarantee as stipulated in Law No. 24 of 2011 concerning the Social Security Organizing Agency (Law No. 24 of 2011), which protects workers' rights to obtain guarantees for compensation for work accidents. The establishment of the Social Security Organizing Agency (BPJS) is not a new thing in the field of employment, because social security for workers has previously been regulated in Law No. 14 of 1993 concerning Workers' Social Security or better known as Jamsostek. Law No. 40 of 2004 on the National Social Security System was enacted in 2004 with the aim of creating an integrated social security system for all Indonesians, and the social security system was institutionalized in a public legal entity.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132214629","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}
Pub Date : 2022-10-15DOI: 10.33756/eslaj.v4i2.19596
Moh. Fadlan Wahidji
This study aims to determine and describe the form of copyright protection against the act of covering songs on YouTube channels in the regulation of intellectual property rights in Indonesia. The research method used is normative juridical by examining through literature studies. The results of the research based on Article 5 and Article 9 of Law Number 28 of 2014 concerning Copyright, the creator gets legal protection related to songs uploaded by other parties through Youtube which applies anywhere regardless of the media used to announce a song. In addition, songwriters get legal protection from Youtube, namely Youtube will delete videos that violate copyright, but this is only implemented by Youtube if it has received notification of copyright infringement. The legal consequences for Youtube that continues to broadcast songs uploaded without the creator's permission is the closure of the Youtube site as a whole.
{"title":"Copyright Protection Against the Act of Covering Songs on Youtube Channels in the Regulation of Intellectual Property Rights in Indonesia","authors":"Moh. Fadlan Wahidji","doi":"10.33756/eslaj.v4i2.19596","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.19596","url":null,"abstract":"This study aims to determine and describe the form of copyright protection against the act of covering songs on YouTube channels in the regulation of intellectual property rights in Indonesia. The research method used is normative juridical by examining through literature studies. The results of the research based on Article 5 and Article 9 of Law Number 28 of 2014 concerning Copyright, the creator gets legal protection related to songs uploaded by other parties through Youtube which applies anywhere regardless of the media used to announce a song. In addition, songwriters get legal protection from Youtube, namely Youtube will delete videos that violate copyright, but this is only implemented by Youtube if it has received notification of copyright infringement. The legal consequences for Youtube that continues to broadcast songs uploaded without the creator's permission is the closure of the Youtube site as a whole.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129989855","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}
Pub Date : 2022-10-15DOI: 10.33756/eslaj.v4i2.18362
Srirahma Srirahma, Sri Nanang Meiske Kamba
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 problems
{"title":"Effectiveness of Article 53 On Marrying Pregnant Women In Compilation Of Islamic Law","authors":"Srirahma Srirahma, Sri Nanang Meiske Kamba","doi":"10.33756/eslaj.v4i2.18362","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18362","url":null,"abstract":"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 problems","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121531705","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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