Pub Date : 2023-01-01DOI: 10.20473/ydk.v38i1.38099
M. A. Aiyub Kadir, Fachrian Rzki
This paper investigates the deviation of court decisions legalising interfaith marriage, as against Article 1 and Article 2 Paragraph (1) of Act Number 1 of 1974 concerning Marriage. Such a notion is discussed by the norms of six major religions in Indonesia. This paper utilises the doctrinal approach by analysing norms and their interpretation in practice. Doing so reconfirms the validity of marriage based on the One and Only God in which its performance ought to follow the rule of the respective religion and faith, which invalidates marriages between people of different religions. Interfaith marriage may be considered legal by one religion but unlawful by another. It simply means that the conformity between religious laws will render the status of legality of interfaith marriage. This paper found there is possibility that interfaith marriage may considered legal. Nevertheless, the judge and all concerned parties need to be aware of the laws of the respective religions and beliefs if one prohibits interfaith marriage. Even if the other permits it, the marriage will be considered unlawful by the prohibiting religion.
{"title":"Interfaith Marriage in Indonesia: a Critique of Court Verdicts","authors":"M. A. Aiyub Kadir, Fachrian Rzki","doi":"10.20473/ydk.v38i1.38099","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.38099","url":null,"abstract":"This paper investigates the deviation of court decisions legalising interfaith marriage, as against Article 1 and Article 2 Paragraph (1) of Act Number 1 of 1974 concerning Marriage. Such a notion is discussed by the norms of six major religions in Indonesia. This paper utilises the doctrinal approach by analysing norms and their interpretation in practice. Doing so reconfirms the validity of marriage based on the One and Only God in which its performance ought to follow the rule of the respective religion and faith, which invalidates marriages between people of different religions. Interfaith marriage may be considered legal by one religion but unlawful by another. It simply means that the conformity between religious laws will render the status of legality of interfaith marriage. This paper found there is possibility that interfaith marriage may considered legal. Nevertheless, the judge and all concerned parties need to be aware of the laws of the respective religions and beliefs if one prohibits interfaith marriage. Even if the other permits it, the marriage will be considered unlawful by the prohibiting religion.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45655131","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.37787
Dinda Keumala
Verifying an heir's deed of inheritance is an approach to proving an heir’s legal status. The Indonesian Ministry of Land and Special Planning Regulation No.16/2021 stipulates that a notary can make an inheritance deed for all residents in Indonesia regardless of their ethnic groups. This paper investigates the notary inheritance deed arrangement based on the regulation mentioned above and the challenges notaries still encounter in making an inheritance deed after the regulation’s enactment. The researcher applied normative research with a descriptive approach and utilized secondary data for qualitative analysis. The deductive approach to this research helped the researcher conclude that the authority of notaries to make an inheritance deed as regulated in the Indonesian Ministry of Land and Special Planning Regulation No.16/2021 contradicts their authority as regulated in the Indonesian Law on the Notary Position Act. An in-depth understanding of the customary inheritance law in all Indonesian regions challenges the authority of notaries to make an inheritance deed under the Indonesian Ministry of Land and Special Planning Regulation No. 16/2021.
{"title":"The Dialectic of Notary Inheritance Deed Arrangement","authors":"Dinda Keumala","doi":"10.20473/ydk.v38i1.37787","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.37787","url":null,"abstract":"Verifying an heir's deed of inheritance is an approach to proving an heir’s legal status. The Indonesian Ministry of Land and Special Planning Regulation No.16/2021 stipulates that a notary can make an inheritance deed for all residents in Indonesia regardless of their ethnic groups. This paper investigates the notary inheritance deed arrangement based on the regulation mentioned above and the challenges notaries still encounter in making an inheritance deed after the regulation’s enactment. The researcher applied normative research with a descriptive approach and utilized secondary data for qualitative analysis. The deductive approach to this research helped the researcher conclude that the authority of notaries to make an inheritance deed as regulated in the Indonesian Ministry of Land and Special Planning Regulation No.16/2021 contradicts their authority as regulated in the Indonesian Law on the Notary Position Act. An in-depth understanding of the customary inheritance law in all Indonesian regions challenges the authority of notaries to make an inheritance deed under the Indonesian Ministry of Land and Special Planning Regulation No. 16/2021.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44336404","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.37454
Bita Gadsia Spaltani, Muhammad Farid Alwajdi, Uni Tsulasi Putri
To facilitate investment for business actors, Law no. 11 of 2020 concerning Job Creation makes changes, deletions, and stipulations to new regulations in several laws. One of the new regulations is to simplify the establishment of limited liability companies (LLCs) through changes to the provisions on company capital, legal entity status, and the company criteria for allowing one person to establish a micro or small business referred to in this research as a one-man company. In its development to date, BPS data from a survey of the impact of the Covid-19 pandemic on approximately 30,000 MSME business actors in 2020 shows that as many as 84 percent of MSMEs experienced a decrease in income during the pandemic, with as many as 24 percent reducing capacity. This research was conducted using a normative juridical approach that examines legal principles as well as related laws and regulations. the legal basis for individual companies is regulated in laws and regulations which include Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja), Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises, Government Regulation Number 8 of 2021 concerning Authorized Capital of the Company and Registration of Establishment, Amendment.
{"title":"One-Man Company Policy and Its Impact on Improving Citizen Welfare","authors":"Bita Gadsia Spaltani, Muhammad Farid Alwajdi, Uni Tsulasi Putri","doi":"10.20473/ydk.v38i1.37454","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.37454","url":null,"abstract":"To facilitate investment for business actors, Law no. 11 of 2020 concerning Job Creation makes changes, deletions, and stipulations to new regulations in several laws. One of the new regulations is to simplify the establishment of limited liability companies (LLCs) through changes to the provisions on company capital, legal entity status, and the company criteria for allowing one person to establish a micro or small business referred to in this research as a one-man company. In its development to date, BPS data from a survey of the impact of the Covid-19 pandemic on approximately 30,000 MSME business actors in 2020 shows that as many as 84 percent of MSMEs experienced a decrease in income during the pandemic, with as many as 24 percent reducing capacity. This research was conducted using a normative juridical approach that examines legal principles as well as related laws and regulations. the legal basis for individual companies is regulated in laws and regulations which include Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja), Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises, Government Regulation Number 8 of 2021 concerning Authorized Capital of the Company and Registration of Establishment, Amendment.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44775220","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.38045
Karina Tri Ambarsari, Ilham Rahmansyah, Andi Muhammad Fajar Abidin, Aurellya Desita Ananda Putri
Illegal fishing is a transnational crime that needs special attention in its eradication to safeguard national sovereignty. Illegal fishing law enforcement and the protection of marine assets in Indonesia are based on the Shipping Law, Fisheries Law, Ministerial Regulations, and UNCLOS. Must be protected by any actions related to opportunities for crime to occur. There is no legal protection for potential geographical indications as a communal right of the people in Indonesia. This paper adopted the normative method with data sources drawn from primary and secondary legal materials. In addition, control practices are important in the fight against illegal, unreported, and unregulated (IUU) fishing. From here, the sinking of the ship became one of the control programmes. The current perspective on the problem of sinking or destroying fishing vessels is not from a legal aspect but from a standard or guideline for implementing procedures that have not been regulated, even though the Indonesian government is the subject of comparison with applicable laws.
{"title":"Concept of Illegal Fishing for Indonesian Regulations and UNCLOS","authors":"Karina Tri Ambarsari, Ilham Rahmansyah, Andi Muhammad Fajar Abidin, Aurellya Desita Ananda Putri","doi":"10.20473/ydk.v38i1.38045","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.38045","url":null,"abstract":"Illegal fishing is a transnational crime that needs special attention in its eradication to safeguard national sovereignty. Illegal fishing law enforcement and the protection of marine assets in Indonesia are based on the Shipping Law, Fisheries Law, Ministerial Regulations, and UNCLOS. Must be protected by any actions related to opportunities for crime to occur. There is no legal protection for potential geographical indications as a communal right of the people in Indonesia. This paper adopted the normative method with data sources drawn from primary and secondary legal materials. In addition, control practices are important in the fight against illegal, unreported, and unregulated (IUU) fishing. From here, the sinking of the ship became one of the control programmes. The current perspective on the problem of sinking or destroying fishing vessels is not from a legal aspect but from a standard or guideline for implementing procedures that have not been regulated, even though the Indonesian government is the subject of comparison with applicable laws.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48657309","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.41663
Rr Kunti Dewi Adriane Kusumowardono
The international community gathers on occasion to try and achieve specific purposes, through the development of a system of guidance, norms and regulations for States to observe, commonly called international law. There have been many achievements by the international community working together for the collective interests of the States, for example through the creation of human rights law. Many international treaties have been passed that bind the States to achieve the desired collective purposes. One of these is the Convention on The Elimination of All Forms of Discrimination Against Women, which departs from the fundamental norms set by the United Nations Charter as well as the Universal Declaration of Human Rights about equality between the rights of men and women for their dignity and freedom. However, several States that are party to the Convention have reserved some of the articles, and there is some controversy around it. Therefore, it is the purpose of this article to analyse whether the concept of eliminating discrimination against women and the values and norms contained in CEDAW can be categorised as Jus Cogens norms, in view of the fact that it is a manifestation of the human rights values agreed upon by the international community. Moreover, this article will also analyse the Convention’s implications on domestic norms in States with significant reservations to the Convention.
{"title":"Elimination of Discrimination Against Women & CEDAW: to What Extent is it Jus Cogens?","authors":"Rr Kunti Dewi Adriane Kusumowardono","doi":"10.20473/ydk.v38i1.41663","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.41663","url":null,"abstract":"The international community gathers on occasion to try and achieve specific purposes, through the development of a system of guidance, norms and regulations for States to observe, commonly called international law. There have been many achievements by the international community working together for the collective interests of the States, for example through the creation of human rights law. Many international treaties have been passed that bind the States to achieve the desired collective purposes. One of these is the Convention on The Elimination of All Forms of Discrimination Against Women, which departs from the fundamental norms set by the United Nations Charter as well as the Universal Declaration of Human Rights about equality between the rights of men and women for their dignity and freedom. However, several States that are party to the Convention have reserved some of the articles, and there is some controversy around it. Therefore, it is the purpose of this article to analyse whether the concept of eliminating discrimination against women and the values and norms contained in CEDAW can be categorised as Jus Cogens norms, in view of the fact that it is a manifestation of the human rights values agreed upon by the international community. Moreover, this article will also analyse the Convention’s implications on domestic norms in States with significant reservations to the Convention.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49363669","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.33857
Sarwirini Sarwirini, Trian Diarsa
Eight years on from the enactment of Law of The Republic Indonesia No. 11 of 2012 concerning the Juvenile Criminal Justice System, there is no implementing regulation that regulates the reprimand sanction imposed on children. In other countries, for example in the United States, a reprimand is called a judicial warning or reprimand and is implemented in front of a public trial by a judge, who verbally warns children, following which they are returned to their parents and have no obligation that must be met regarding the criminal acts they have committed. This type of penalty is mostly imposed on a juvenile who is guilty of their first offence, as well as against non-violent crimes. The placement of the reprimand in Article 77 Paragraph (1) of JCJS Act is not without purpose, but this is a form of protection for children of criminal offenders and provides choices for judges in imposing sanctions other than imprisonment. Using normative legal methods, this research examines the current practice of implementing the reprimand sanction and proposes possible suggestions for its improvement.
{"title":"Implementation of Juvenile Reprimand in Indonesia","authors":"Sarwirini Sarwirini, Trian Diarsa","doi":"10.20473/ydk.v38i1.33857","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.33857","url":null,"abstract":"\u0000\u0000\u0000Eight years on from the enactment of Law of The Republic Indonesia No. 11 of 2012 concerning the Juvenile Criminal Justice System, there is no implementing regulation that regulates the reprimand sanction imposed on children. In other countries, for example in the United States, a reprimand is called a judicial warning or reprimand and is implemented in front of a public trial by a judge, who verbally warns children, following which they are returned to their parents and have no obligation that must be met regarding the criminal acts they have committed. This type of penalty is mostly imposed on a juvenile who is guilty of their first offence, as well as against non-violent crimes. The placement of the reprimand in Article 77 Paragraph (1) of JCJS Act is not without purpose, but this is a form of protection for children of criminal offenders and provides choices for judges in imposing sanctions other than imprisonment. Using normative legal methods, this research examines the current practice of implementing the reprimand sanction and proposes possible suggestions for its improvement.\u0000\u0000\u0000","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47341201","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.42511
Rizal Faharuddin, Jefferson Hakim
The Corruption Law of Indonesia regulate the return of the state’s losses suffered by state shall not exclude the criminal acts performed by the perpetrators. In practice, the state’s financial loss due to corruption is less than the cost of enforcing the relevant law. Furthermore, a corruption case requires manpower and lengthy process. Thus, the novel idea of settling minor state financial losses in corruption cases by means of returning the losses is considered more effective when applied with certain conditions. The research method of this study is normative judicial. The data used are primary, secondary and tertiary. This study argues that the concept of restorative justice could be applied to the settlement of corruption cases with minor state finance losses with certain conditions. The restorative justice approach to handling cases of corruption emphasises the restoration of the original state of affairs prior to the corruption, the application of restorative justice includes the stoppage of cases in the examination, investigation, and prosecution stages by considering the interest of the state, society, and other legal interests to be protected, the avoidance of negative stigma and retaliation, as well as society’s response to such as resolution.
{"title":"Restorative Justice for Corruption Cases the Settlement of Corruption Cases: is it Possible?","authors":"Rizal Faharuddin, Jefferson Hakim","doi":"10.20473/ydk.v38i1.42511","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.42511","url":null,"abstract":"The Corruption Law of Indonesia regulate the return of the state’s losses suffered by state shall not exclude the criminal acts performed by the perpetrators. In practice, the state’s financial loss due to corruption is less than the cost of enforcing the relevant law. Furthermore, a corruption case requires manpower and lengthy process. Thus, the novel idea of settling minor state financial losses in corruption cases by means of returning the losses is considered more effective when applied with certain conditions. The research method of this study is normative judicial. The data used are primary, secondary and tertiary. This study argues that the concept of restorative justice could be applied to the settlement of corruption cases with minor state finance losses with certain conditions. The restorative justice approach to handling cases of corruption emphasises the restoration of the original state of affairs prior to the corruption, the application of restorative justice includes the stoppage of cases in the examination, investigation, and prosecution stages by considering the interest of the state, society, and other legal interests to be protected, the avoidance of negative stigma and retaliation, as well as society’s response to such as resolution.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41860933","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 : 2023-01-01DOI: 10.20473/ydk.v38i1.37709
A. I. Laturette
Indigenous lands belonging to indigenous peoples are regulated by their respective customary laws. The land is seen as something very valuable and must be defended by the indigenous people. Customary land is land belonging to the customary law community unit. Under the system of land ownership according to customary law, indigenous people can gain ownership over a piece of land by clearing forests, inheriting land, receiving land as a gift, exchanging or granting land with or to another, or expiry/verjaring. This research is a sociological legal research, a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical and archives. In the profit-sharing agreement between PT. Panbers Jaya and the Soa Nacikit indigenous people, PT. Panbers Jaya was in default because it did not carry out its obligations according to the agreement. After deliberation between the parties, the agreed-upon settlement is that PT. Panbers Jaya will give the agreed rights within the new timeframe.
{"title":"Breach of Contract Settlement of Quasi Equity Agreement Between Investor With Indigenous People Soa Nacikit Migodo at Buru Island","authors":"A. I. Laturette","doi":"10.20473/ydk.v38i1.37709","DOIUrl":"https://doi.org/10.20473/ydk.v38i1.37709","url":null,"abstract":"Indigenous lands belonging to indigenous peoples are regulated by their respective customary laws. The land is seen as something very valuable and must be defended by the indigenous people. Customary land is land belonging to the customary law community unit. Under the system of land ownership according to customary law, indigenous people can gain ownership over a piece of land by clearing forests, inheriting land, receiving land as a gift, exchanging or granting land with or to another, or expiry/verjaring. This research is a sociological legal research, a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical and archives. In the profit-sharing agreement between PT. Panbers Jaya and the Soa Nacikit indigenous people, PT. Panbers Jaya was in default because it did not carry out its obligations according to the agreement. After deliberation between the parties, the agreed-upon settlement is that PT. Panbers Jaya will give the agreed rights within the new timeframe.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67620366","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 : 2022-09-01DOI: 10.20473/ydk.v37i3.36746
L. Ndlovu, A. B. Leslie
The pressure for employment opportunities has led to many dishonest practices by employees and job seekers. The evil of employees misrepresenting their academic qualifications has become endemic, and the South African government has been compelled to act. Misrepresentation of academic qualifications mainly manifests itself through employees claiming to have non-existent higher education qualifications to secure a new job offer or be promoted to a higher post. This misrepresentation has consequences for the employer, who may pay the employee a salary they do not deserve. The employee must refund the employer and face prospects of imprisonment if found guilty in a criminal court. In South Africa, high-profile individuals working in the public service or occupying prominent political positions have falsely claimed to have qualifications that they did not have. They have been allowed to resign on their own accord or were dismissed after lengthy disciplinary hearings. This paper outlines some examples of this misrepresentation and unravels the legal implications from a South African perspective. We recommend that employers promptly discipline employees found guilty rather than allow them to resign, as was done correctly in the Mthikhulu case discussed here. Further, we urge employers in South Africa to foreground the skills of employees rather than paper qualifications and assess technical ability ahead of academic qualifications.
{"title":"False or Fake Qualifications in an Employment Context: A South African Perspective","authors":"L. Ndlovu, A. B. Leslie","doi":"10.20473/ydk.v37i3.36746","DOIUrl":"https://doi.org/10.20473/ydk.v37i3.36746","url":null,"abstract":"The pressure for employment opportunities has led to many dishonest practices by employees and job seekers. The evil of employees misrepresenting their academic qualifications has become endemic, and the South African government has been compelled to act. Misrepresentation of academic qualifications mainly manifests itself through employees claiming to have non-existent higher education qualifications to secure a new job offer or be promoted to a higher post. This misrepresentation has consequences for the employer, who may pay the employee a salary they do not deserve. The employee must refund the employer and face prospects of imprisonment if found guilty in a criminal court. In South Africa, high-profile individuals working in the public service or occupying prominent political positions have falsely claimed to have qualifications that they did not have. They have been allowed to resign on their own accord or were dismissed after lengthy disciplinary hearings. This paper outlines some examples of this misrepresentation and unravels the legal implications from a South African perspective. We recommend that employers promptly discipline employees found guilty rather than allow them to resign, as was done correctly in the Mthikhulu case discussed here. Further, we urge employers in South Africa to foreground the skills of employees rather than paper qualifications and assess technical ability ahead of academic qualifications.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43043014","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 : 2022-09-01DOI: 10.20473/ydk.v37i3.41161
Oemar Moechthar, Agus Sekarmadji, Ave Maria Frisa Katherina
This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.
{"title":"A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law","authors":"Oemar Moechthar, Agus Sekarmadji, Ave Maria Frisa Katherina","doi":"10.20473/ydk.v37i3.41161","DOIUrl":"https://doi.org/10.20473/ydk.v37i3.41161","url":null,"abstract":"This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46649849","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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