Pub Date : 2022-09-30DOI: 10.32801/lamlaj.v7i2.296
Diana Haiti, Ahmad Syaufi, Daddy Fahmanadie, Aulia Pasca Diprina
Forest and land fires can have a tremendous impact, especially if the fires involve peatland fires. The purpose of this study is to find out and analyze law enforcement against peatland burning perpetrators in Banjar Regency, and the obstacles to Law Enforcement against peatland burning perpetrators in Banjar Regency. This type of research is an empirical/field legal research with data sources in the form of primary data and secondary data with research locations at the Banjar District Police and the South Kalimantan Provincial Forestry Service.The results showed that law enforcement against peatland burning perpetrators in Banjar Regency from 2019-2021 carried out by the Banjar Police Crime Unit and the Forestry Police of the South Kalimantan Province Forestry Service who entered the investigation stage amounted to 1 case, the causal factors (1) increased public awareness by not clearing land using the burning method, (2) due to natural factors that in 2020 and 2021 the dry season in South Kalimantan Province will not be prolonged, and (3) increasing socialization of forest and land fire prevention carried out by the authorities including the police. The obstacles in law enforcement against the perpetrators of burning peatlands in Banjar Regency are that there are no cases that have entered the investigation stage due to the absence of suspects and also the absence of witnesses who heard and saw the criminal act of burning peatlands. Lack of PPNS Polhut investigator personnel at the Forestry Service.
{"title":"Law Enforcement Against Perpetrators of the Crime of Burning Peatlands in Banjar Regency","authors":"Diana Haiti, Ahmad Syaufi, Daddy Fahmanadie, Aulia Pasca Diprina","doi":"10.32801/lamlaj.v7i2.296","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.296","url":null,"abstract":"Forest and land fires can have a tremendous impact, especially if the fires involve peatland fires. The purpose of this study is to find out and analyze law enforcement against peatland burning perpetrators in Banjar Regency, and the obstacles to Law Enforcement against peatland burning perpetrators in Banjar Regency. This type of research is an empirical/field legal research with data sources in the form of primary data and secondary data with research locations at the Banjar District Police and the South Kalimantan Provincial Forestry Service.The results showed that law enforcement against peatland burning perpetrators in Banjar Regency from 2019-2021 carried out by the Banjar Police Crime Unit and the Forestry Police of the South Kalimantan Province Forestry Service who entered the investigation stage amounted to 1 case, the causal factors (1) increased public awareness by not clearing land using the burning method, (2) due to natural factors that in 2020 and 2021 the dry season in South Kalimantan Province will not be prolonged, and (3) increasing socialization of forest and land fire prevention carried out by the authorities including the police. The obstacles in law enforcement against the perpetrators of burning peatlands in Banjar Regency are that there are no cases that have entered the investigation stage due to the absence of suspects and also the absence of witnesses who heard and saw the criminal act of burning peatlands. Lack of PPNS Polhut investigator personnel at the Forestry Service. ","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49077126","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 : 2022-09-28DOI: 10.32801/lamlaj.v7i2.360
S. Suryadi, H. Helmi, Mispansyah Mispansyah
The purpose of this research is to analyze criminal acts committed by legal subjects who commit criminal acts of corruption in the procurement of goods and services of government agencies, namely by analyzing the subject in cases of corruption and criminal liability in terms of borrowing companies for the procurement of goods and / services for the government. This study uses a prescriptive normative legal research to find solutions to problems. The results of the research are: in criminal acts committed by the PT.MA corporation, which are asked to be criminally responsible for the Corporation or the Management, or the Corporation and the Management. If the corporate management of PT.CSL knows the intentions or actions committed by PT.MA employees, resulting in a criminal act of corruption, and PT.CSL benefits from these actions, then of course PT.CSL can be held criminally responsible, but if the management of PT.CSL do not know and the act of getting any benefit from acts of corruption committed by employees of PT. MA, then PT. CSL cannot be held criminally responsible.
{"title":"Company Loans in Procurement of Goods Services Government Corruption Perspectives","authors":"S. Suryadi, H. Helmi, Mispansyah Mispansyah","doi":"10.32801/lamlaj.v7i2.360","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.360","url":null,"abstract":"The purpose of this research is to analyze criminal acts committed by legal subjects who commit criminal acts of corruption in the procurement of goods and services of government agencies, namely by analyzing the subject in cases of corruption and criminal liability in terms of borrowing companies for the procurement of goods and / services for the government. This study uses a prescriptive normative legal research to find solutions to problems. The results of the research are: in criminal acts committed by the PT.MA corporation, which are asked to be criminally responsible for the Corporation or the Management, or the Corporation and the Management. If the corporate management of PT.CSL knows the intentions or actions committed by PT.MA employees, resulting in a criminal act of corruption, and PT.CSL benefits from these actions, then of course PT.CSL can be held criminally responsible, but if the management of PT.CSL do not know and the act of getting any benefit from acts of corruption committed by employees of PT. MA, then PT. CSL cannot be held criminally responsible.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45723687","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}
Marriage is an inner and outer bond between a man and a woman as husband and wife to form happy and eternal family-based God Almighty, therefore, in implementation of marriage must be approved by both parties who carry out the marriage, without any coercion from any party. However, in practice, some marriages are carried out not because the free will of the parties, but of pressure or influence from a third party, unlawfully, coercing, placing someone under his control or another person, or abusing his power to do or allow it to be done with him or with another person, which is called forced marriage. Against forced marriages, in Indonesia, there are civil and criminal legal remedies, specifically in the case of forced marriages. Meanwhile, various legal remedies exist for forced marriages in other countries, such as Australia and United Kingdom. Herefore, it is necessary to make legal comparison to obtain comprehensive perspective, both the regulation, as well the practice the regulation, so that the proper legal framework will be obtained terms of providing legal remedies in the case of forced marriages in Indonesia. Based on this background, the formulation of the problem in this article: 1) legal remedies against forced marriages in Indonesia and 2) legal remedies that can be taken in the case of forced marriages in other countries. The research method in this article is legal research with statute approach, conceptual approach, comparative approach, and case approach. The results of the article: 1) analyze legal remedies forced marriage in Indonesia, 2) describe comparative laws from Australia and UK regarding the handling of forced marriages so that the proper legal framework will be obtained in terms of providing legal remedies for forced marriages in Indonesia.
{"title":"Forced Marriage as an Unlawful Act in Indonesia: A Comparative Analysis","authors":"Ghansham Anand, Xavier Nugraha, Dita Elvia Kusuma Putri, Angelina Regita Nathalia","doi":"10.32801/lamlaj.v7i2.353","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.353","url":null,"abstract":"Marriage is an inner and outer bond between a man and a woman as husband and wife to form happy and eternal family-based God Almighty, therefore, in implementation of marriage must be approved by both parties who carry out the marriage, without any coercion from any party. However, in practice, some marriages are carried out not because the free will of the parties, but of pressure or influence from a third party, unlawfully, coercing, placing someone under his control or another person, or abusing his power to do or allow it to be done with him or with another person, which is called forced marriage. Against forced marriages, in Indonesia, there are civil and criminal legal remedies, specifically in the case of forced marriages. Meanwhile, various legal remedies exist for forced marriages in other countries, such as Australia and United Kingdom. Herefore, it is necessary to make legal comparison to obtain comprehensive perspective, both the regulation, as well the practice the regulation, so that the proper legal framework will be obtained terms of providing legal remedies in the case of forced marriages in Indonesia. Based on this background, the formulation of the problem in this article: 1) legal remedies against forced marriages in Indonesia and 2) legal remedies that can be taken in the case of forced marriages in other countries. The research method in this article is legal research with statute approach, conceptual approach, comparative approach, and case approach. The results of the article: 1) analyze legal remedies forced marriage in Indonesia, 2) describe comparative laws from Australia and UK regarding the handling of forced marriages so that the proper legal framework will be obtained in terms of providing legal remedies for forced marriages in Indonesia.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41907461","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 : 2022-09-24DOI: 10.32801/lamlaj.v7i2.350
Devi Siti Hamzah Marpaung
The development of a peer to peer lending platform in Indonesian is called information technology-based lending and borrowing services of Indonesia in years ago, creating a legal problem with the requirements of institutions become organizers or administrators of the peer to peer lending platform. In the process of borrowing these funds, investors certainly use the services of peer to peer lending companies as parties that manage peer to peer lending websites through standard agreements. The standard agreement contains the transfer of obligations which should be the responsibility of the peer to peer lending organizer to users (lenders and borrowers).This research used normative juridical method. The results of this study indicate the legal certainty of the existence of a peer to peer institution is determined through the validity or not of the loan agreement made by the institution, but there is no legal certainty, clarity of regulations regarding the peer to peer institution . Thus, it is expected that in the future a clear regulation will be made regarding the peer to peer institution that develops in Indonesia.
{"title":"Legal Protection of Peer to Peer Lending Loans in Standard Agreements Based on Legal Assurance Theory","authors":"Devi Siti Hamzah Marpaung","doi":"10.32801/lamlaj.v7i2.350","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.350","url":null,"abstract":"The development of a peer to peer lending platform in Indonesian is called information technology-based lending and borrowing services of Indonesia in years ago, creating a legal problem with the requirements of institutions become organizers or administrators of the peer to peer lending platform. In the process of borrowing these funds, investors certainly use the services of peer to peer lending companies as parties that manage peer to peer lending websites through standard agreements. The standard agreement contains the transfer of obligations which should be the responsibility of the peer to peer lending organizer to users (lenders and borrowers).This research used normative juridical method. The results of this study indicate the legal certainty of the existence of a peer to peer institution is determined through the validity or not of the loan agreement made by the institution, but there is no legal certainty, clarity of regulations regarding the peer to peer institution . Thus, it is expected that in the future a clear regulation will be made regarding the peer to peer institution that develops in Indonesia.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126992","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 : 2022-09-17DOI: 10.32801/lamlaj.v7i2.313
Chalik Mawardi, T. Nazaruddin, Elidar Sari, F. Faisal, Muhammad Yamani
North Aceh Regency has 33,781.64 hectares of oil palm plantations granted to 11 plantation companies with the amount of land raises many issues in the social-ecological field. Therefore, the government of the North Aceh Regency developed the concept of sustainability-oriented plantation development and was guided by Regulation of the Minister of Agriculture No. 11/Permentan (the Minister of Agriculture Regulation)/Ot.140/3/2015 concerning the Indonesian Sustainable Palm Oil Certification System (ISPO). This study aims to analyze what are the obstacles, and how the role and efforts of the North Aceh Regency Government in implementing the principles of sustainable plantations through ISPO. The research method used in this research is empirical juridical research. The study employs three approaches, namely the identifying research objects approach, the statutory approach, and the vertical and horizontal synchronization approach to uncover the reality. Based on the results of this study, the Government of North Aceh Regency has encouraged only 3 companies out of 11 companies in the palm oil sector to commit to ISPO certification. This is because only these three companies which are committed to implement ISPO certification. In the implementation, there were obstacles due to the lack of awareness of palm oil plantation companies in carrying out ISPO certification. The North Aceh Government's efforts are to allocate a budget to overcome these obstacles, as well as form a team to accelerate the implementation of ISPO. It is recommended that there is a need for synergy between the North Aceh Regency Government and businessmen in the oil palm plantation sector in the realization of sustainable oil palm plantations with the concept of ISPO certification.
{"title":"Implementation of Sustainable Plantation Principles Through Indonesian Sustainable Palm Oil in North Aceh Regency","authors":"Chalik Mawardi, T. Nazaruddin, Elidar Sari, F. Faisal, Muhammad Yamani","doi":"10.32801/lamlaj.v7i2.313","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.313","url":null,"abstract":"North Aceh Regency has 33,781.64 hectares of oil palm plantations granted to 11 plantation companies with the amount of land raises many issues in the social-ecological field. Therefore, the government of the North Aceh Regency developed the concept of sustainability-oriented plantation development and was guided by Regulation of the Minister of Agriculture No. 11/Permentan (the Minister of Agriculture Regulation)/Ot.140/3/2015 concerning the Indonesian Sustainable Palm Oil Certification System (ISPO). This study aims to analyze what are the obstacles, and how the role and efforts of the North Aceh Regency Government in implementing the principles of sustainable plantations through ISPO. The research method used in this research is empirical juridical research. The study employs three approaches, namely the identifying research objects approach, the statutory approach, and the vertical and horizontal synchronization approach to uncover the reality. Based on the results of this study, the Government of North Aceh Regency has encouraged only 3 companies out of 11 companies in the palm oil sector to commit to ISPO certification. This is because only these three companies which are committed to implement ISPO certification. In the implementation, there were obstacles due to the lack of awareness of palm oil plantation companies in carrying out ISPO certification. The North Aceh Government's efforts are to allocate a budget to overcome these obstacles, as well as form a team to accelerate the implementation of ISPO. It is recommended that there is a need for synergy between the North Aceh Regency Government and businessmen in the oil palm plantation sector in the realization of sustainable oil palm plantations with the concept of ISPO certification.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48218935","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 : 2022-09-15DOI: 10.32801/lamlaj.v7i2.349
S. Sari, Joko Setiyono
Green investment is essential in protecting the environment from damage caused by non-green economic activity, including non-green investment. The development of green investment in Indonesia is still slow. Indonesia still uses massive non-renewable resources in addition to renewable resources. Indonesia still has difficulty increasing green investment uses because of its high dependency on non-green investment. The funds issued by the government for non-green investment are more than the fund for green investment. The government uses various ways to increase green investment through green programs and rules. The government needs to implement the right policies so Indonesia’s green investment can run as well as expected. This study aims to examine the development of green investment in Indonesia and the green investment policies in the regulation of the Indonesian government amid current economic growth. This research uses normative legal research methods. Provisions that are the basis of green investment include the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 2007 on Investment, Law Number 16 of 2016, and Presidential Regulation of the Republic Indonesia Number 16 of 2012. The policymaking of green investment can refer to the degrowth and modernization of the policy. It can be seen to refer to the ideas presented by George C.
{"title":"The Development of Green Investment and Its Policies in The Regulation of The Indonesian Government","authors":"S. Sari, Joko Setiyono","doi":"10.32801/lamlaj.v7i2.349","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.349","url":null,"abstract":"Green investment is essential in protecting the environment from damage caused by non-green economic activity, including non-green investment. The development of green investment in Indonesia is still slow. Indonesia still uses massive non-renewable resources in addition to renewable resources. Indonesia still has difficulty increasing green investment uses because of its high dependency on non-green investment. The funds issued by the government for non-green investment are more than the fund for green investment. The government uses various ways to increase green investment through green programs and rules. The government needs to implement the right policies so Indonesia’s green investment can run as well as expected. This study aims to examine the development of green investment in Indonesia and the green investment policies in the regulation of the Indonesian government amid current economic growth. This research uses normative legal research methods. Provisions that are the basis of green investment include the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 2007 on Investment, Law Number 16 of 2016, and Presidential Regulation of the Republic Indonesia Number 16 of 2012. The policymaking of green investment can refer to the degrowth and modernization of the policy. It can be seen to refer to the ideas presented by George C.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44827551","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 : 2022-09-12DOI: 10.32801/lamlaj.v7i2.351
Izzy Al Kautsar, Danang Wahyu Muhammad
The purpose of this study is to analyze the position of the principle of information disclosure in the climate of trade in goods or services and the relation of information disclosure to the role of law as a tool of social engineering and social control and to analyze the reasons for the judge's legal considerations related to information disclosure in the Constitutional Court Decision Number 65 /PUU-XIII/2015. The research method used is normative juridical. The results of this study are (1) Completeness of product information by business actors is a means of fulfilling the legalization of the rules of the Consumer Protection Law and a means of commercialization, meaning that there is a relationship between legal norms and economic values, so the legal binding is needed to accommodate consumer rights; (2) The Consumer Protection Law was established to manipulate and control the trade cycle in order to create security, certainty, and safety, especially for consumers against the behavior of business actors; (3) In the Consumer Protection Law Number 8 of 1999 has accommodated the rights of consumers, and the obligations of business actors, the regulations for providing information are contained in Articles 4-18 of the Consumer Protection Law. If business actors carry out their obligations to convey information thoroughly and straightforwardly and do not heed the regulations in the Consumer Protection Law, there are criminal sanctions contained in Article 62.
{"title":"Information Disclosure in the Implementation of Trade in Goods or Services as a Form of Consumer Protection","authors":"Izzy Al Kautsar, Danang Wahyu Muhammad","doi":"10.32801/lamlaj.v7i2.351","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.351","url":null,"abstract":"The purpose of this study is to analyze the position of the principle of information disclosure in the climate of trade in goods or services and the relation of information disclosure to the role of law as a tool of social engineering and social control and to analyze the reasons for the judge's legal considerations related to information disclosure in the Constitutional Court Decision Number 65 /PUU-XIII/2015. The research method used is normative juridical. The results of this study are (1) Completeness of product information by business actors is a means of fulfilling the legalization of the rules of the Consumer Protection Law and a means of commercialization, meaning that there is a relationship between legal norms and economic values, so the legal binding is needed to accommodate consumer rights; (2) The Consumer Protection Law was established to manipulate and control the trade cycle in order to create security, certainty, and safety, especially for consumers against the behavior of business actors; (3) In the Consumer Protection Law Number 8 of 1999 has accommodated the rights of consumers, and the obligations of business actors, the regulations for providing information are contained in Articles 4-18 of the Consumer Protection Law. If business actors carry out their obligations to convey information thoroughly and straightforwardly and do not heed the regulations in the Consumer Protection Law, there are criminal sanctions contained in Article 62.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43019992","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 : 2022-09-02DOI: 10.32801/lamlaj.v7i2.324
Yulianto Syahyu
States have an obligation to acknowledge, in the sense of respecting, defending, and enforcing what is a citizen's right. One of these is the ulayat right of mastery and ownership, which has not yet been exercised to its full potential. This research method is normative research with a statute approach and is analyzed qualitatively. The arrangement regarding ulayat rights for indigenous peoples has been regulated in various provisions both nationally and internationally but in the framework of its implementation and implementation there are problems related to indigenous peoples' ulayat land that until now have not been resolved. Therefore, the foundation of a unused draft law that regulates the rights of indigenous peoples which will be expected through the new law not only provides legal certainty, but too to supply assurance to the status of arrive rights and there is no re-seizure of indigenous peoples' rights to their customary lands.
{"title":"The Problematic of Ulayat Rights for Indigenous Peoples in Terms of","authors":"Yulianto Syahyu","doi":"10.32801/lamlaj.v7i2.324","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i2.324","url":null,"abstract":"States have an obligation to acknowledge, in the sense of respecting, defending, and enforcing what is a citizen's right. One of these is the ulayat right of mastery and ownership, which has not yet been exercised to its full potential. This research method is normative research with a statute approach and is analyzed qualitatively. The arrangement regarding ulayat rights for indigenous peoples has been regulated in various provisions both nationally and internationally but in the framework of its implementation and implementation there are problems related to indigenous peoples' ulayat land that until now have not been resolved. Therefore, the foundation of a unused draft law that regulates the rights of indigenous peoples which will be expected through the new law not only provides legal certainty, but too to supply assurance to the status of arrive rights and there is no re-seizure of indigenous peoples' rights to their customary lands.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42582170","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 : 2022-03-31DOI: 10.32801/lamlaj.v7i1.309
M. Mariani
Law is a structure that regulates the pattern of society to form a culture. The Islamic family culture in Indonesia is strongly influenced by the prevailing family law structure which includes marriage and divorce. This is regulated in the structural system of laws regarding marriage, namely Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Changes in the Minimum Age of Marriage for Women. Articles which for some people believe have not accommodated the interests of all parties and have not met the times, so that this Law is felt by some women activists to be discriminatory which tends to reap injustice. Among the articles that are considered controversial, namely the Minimum Age for Marriage. study on the actualization of Indonesian Marriage Age Limits uses a qualitative descriptive method by using a literature study, so that the findings are that Law Number 1 of 1974 concerning Marriage which was amended by Law No. 1 of 2019 especially related to Article 7 concerning the age limit is already in line with and accommodate the interests of citizens, In the Qur’an and Hadith there is no mention of age limits but mentions “baligh” and “able” as a benchmark in the permissibility of marriage, Jumhur scholars accept Maslahah Mursalah as one of the reasons in establishing sharia law, but in the application and placement of conditions they have different opinions
{"title":"Reactualization of the Marriage Age Limit in Indonesia (in the Perspective of Maslahah Mursalah)","authors":"M. Mariani","doi":"10.32801/lamlaj.v7i1.309","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.309","url":null,"abstract":"Law is a structure that regulates the pattern of society to form a culture. The Islamic family culture in Indonesia is strongly influenced by the prevailing family law structure which includes marriage and divorce. This is regulated in the structural system of laws regarding marriage, namely Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Changes in the Minimum Age of Marriage for Women. Articles which for some people believe have not accommodated the interests of all parties and have not met the times, so that this Law is felt by some women activists to be discriminatory which tends to reap injustice. Among the articles that are considered controversial, namely the Minimum Age for Marriage. study on the actualization of Indonesian Marriage Age Limits uses a qualitative descriptive method by using a literature study, so that the findings are that Law Number 1 of 1974 concerning Marriage which was amended by Law No. 1 of 2019 especially related to Article 7 concerning the age limit is already in line with and accommodate the interests of citizens, In the Qur’an and Hadith there is no mention of age limits but mentions “baligh” and “able” as a benchmark in the permissibility of marriage, Jumhur scholars accept Maslahah Mursalah as one of the reasons in establishing sharia law, but in the application and placement of conditions they have different opinions","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43199649","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}
Technological sophistication is not the only cause of the rise of defamation cases. There are other contributing factors, from the perspective of the perpetrator, the criminal act of online defamation occurs because the perpetrator does not use social media wisely. On the other hand, from a regulatory point of view, the problem of formulating norms in the online defamation article is also a contributing factor. Formal offenses and complaint offenses (absolute) that are adopted in the article on defamation through social media cause various problems, which are then exacerbated by the absence of regulations regarding causality teachings and sentencing guidelines for judges in making decisions. This study aims to find solutions or alternatives that can be used to deal with the high number of cases of defamation through social media. This study uses a normative and prescriptive literature study, using a statutory, conceptual and doctrinal approach. The results of the study indicate that the use of the teaching of conditio sine qua non fulfills the concept of the deterrent effect theory which is the goal of sentencing and the goal of national development (policy direction), both ius constitutum and ius constituendum. The teaching of conditio sine qua non not relevant and coherent with law enforcement in defamation cases through social media, so it is necessery to regulate and guide of the causality teachings (certainty), or the renewal of norms in the formulation of defamation through social media.
{"title":"The Application of the Conditio Sine Qua Non Principle on the Crime of Damage through Social Media","authors":"Nynda Fatmawati Octarina, Sudiawati Sudiawati, Mardika Mardika","doi":"10.32801/lamlaj.v7i1.303","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.303","url":null,"abstract":"Technological sophistication is not the only cause of the rise of defamation cases. There are other contributing factors, from the perspective of the perpetrator, the criminal act of online defamation occurs because the perpetrator does not use social media wisely. On the other hand, from a regulatory point of view, the problem of formulating norms in the online defamation article is also a contributing factor. Formal offenses and complaint offenses (absolute) that are adopted in the article on defamation through social media cause various problems, which are then exacerbated by the absence of regulations regarding causality teachings and sentencing guidelines for judges in making decisions. This study aims to find solutions or alternatives that can be used to deal with the high number of cases of defamation through social media. This study uses a normative and prescriptive literature study, using a statutory, conceptual and doctrinal approach. The results of the study indicate that the use of the teaching of conditio sine qua non fulfills the concept of the deterrent effect theory which is the goal of sentencing and the goal of national development (policy direction), both ius constitutum and ius constituendum. The teaching of conditio sine qua non not relevant and coherent with law enforcement in defamation cases through social media, so it is necessery to regulate and guide of the causality teachings (certainty), or the renewal of norms in the formulation of defamation through social media.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41494557","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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