The purpose of marriage as mentioned in Article 1 of Law Number 1 Year 1974 on Marriage is to establish a happy and eternal family (household) based on Belief in the One Supreme. Sometimes marriage does not go on forever, so there is a divorce. For a wife who breaks up her marriage applies to her waiting period or waiting period, unless a wife divorces her husband before she gets in touch. There are times when a marriage is canceled because it has been known that the waiting period has not been exhausted in a woman. However, on the other hand there is also a problem that marriage has take n place but it turns out the waiting period has not been exhausted. If in the conduct of marriage does not meet the legal requirements of his marriage, then the marriage tersebuh can be canceled. While cancellation can only be done through court decision. When a court decision aborts a marriage, the marriage is considered to have never occurred .
{"title":"Akibat Hukum Perkawinan Janda Yang Dilangsungkan Sebelum Habis Jangka Waktu Tunggu","authors":"Nur Reski Lestari","doi":"10.32528/FAJ.V17I1.2214","DOIUrl":"https://doi.org/10.32528/FAJ.V17I1.2214","url":null,"abstract":"The purpose of marriage as mentioned in Article 1 of Law Number 1 Year 1974 on Marriage is to establish a happy and eternal family (household) based on Belief in the One Supreme. Sometimes marriage does not go on forever, so there is a divorce. For a wife who breaks up her marriage applies to her waiting period or waiting period, unless a wife divorces her husband before she gets in touch. There are times when a marriage is canceled because it has been known that the waiting period has not been exhausted in a woman. However, on the other hand there is also a problem that marriage has take n place but it turns out the waiting period has not been exhausted. If in the conduct of marriage does not meet the legal requirements of his marriage, then the marriage tersebuh can be canceled. While cancellation can only be done through court decision. When a court decision aborts a marriage, the marriage is considered to have never occurred .","PeriodicalId":423787,"journal":{"name":"Fairness and Justice: Jurnal Ilmiah Ilmu Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125518649","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}
Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.
{"title":"Perlindungan Hukum Terhadap Kedaulatan Negara Dari Ancaman Proxy War","authors":"Igam Arya Wada","doi":"10.32528/FAJ.V17I1.2212","DOIUrl":"https://doi.org/10.32528/FAJ.V17I1.2212","url":null,"abstract":"Proxy war is a form of non-military war by using a non-state actor instead of a particular party, to avoid a direct dispute. One of the non-state actors who are vulnerable to use foreign parties to launch proxy war in Indonesia is the existence of radical organizations either with radical action or radical thinking. In addition, the spread of provocative information and hoax can easily spread through the mass media and social media today, causing problems to the integrity of the Unitary Republic of Indonesia. So far Indonesia has no laws that can counter the nirmiliter threat such as proxy war so that Indonesia is in need of a law that can be used as a preventive effort to protect the state sovereignty against the existence of proxy war in Indonesia. In addition, the public understanding of Pancasila ideology as a way of life should be a necessity in the life of nation and state is still low, so it will be difficult to ward off another ideologies such as radicalism that developed in Indonesia.","PeriodicalId":423787,"journal":{"name":"Fairness and Justice: Jurnal Ilmiah Ilmu Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117326706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The sale and purchase binding agreement is a legal breakthrough that was born out of the needs of the community. Used by the parties as a preliminary agreement because it has not been able to fulfill the conditions to carry out the sale and purchase before the officials of the land deed. However, in practice, binding of sale and purchase agreement is made not because of the sale and purchase transaction but as debt guarantee which the debtor plays as the seller and th e creditor as the buyer. So the problem is how the legitimacy of binding agreement of sale and purchase as well as the sale power suspended as debt guarantee? then what is the basis of legal considerations for judges in deciding cases binding sale and purchase agreement that hung as debt guarantee ?. This research is a normative juridical research by using approach of legislation, concept and case. From the result of the research, it is concluded that the deed made by the parties before the notary is valid a s an authentic deed which has been in accordance with the legislation, and the sale power is a unity in the sale and purchase agreement , where the seller authorizes the buyer to do duty rather than an authorizer. The sale power made by the parties is also an authentic deed and not an absolute authority prohibited by the Instruction of the Minister of Home Affairs Number 14/ 1982 because it does not contain an element of transfer of rights. Based on several considerations of the judge, it can be deduced that as long as the deed of sale and purchase agreement of sale and sale has been made and executed legally as authentic deed which has perfect evidentiary power, then the deed can not be canceled.
{"title":"Keabsahan Perjanjian Pengikatan Jual Beli Yang Digantungkan Pada Kewajiban Pembayaran Utang","authors":"Denise Elysia","doi":"10.32528/FAJ.V17I1.2210","DOIUrl":"https://doi.org/10.32528/FAJ.V17I1.2210","url":null,"abstract":"The sale and purchase binding agreement is a legal breakthrough that was born out of the needs of the community. Used by the parties as a preliminary agreement because it has not been able to fulfill the conditions to carry out the sale and purchase before the officials of the land deed. However, in practice, binding of sale and purchase agreement is made not because of the sale and purchase transaction but as debt guarantee which the debtor plays as the seller and th e creditor as the buyer. So the problem is how the legitimacy of binding agreement of sale and purchase as well as the sale power suspended as debt guarantee? then what is the basis of legal considerations for judges in deciding cases binding sale and purchase agreement that hung as debt guarantee ?. This research is a normative juridical research by using approach of legislation, concept and case. From the result of the research, it is concluded that the deed made by the parties before the notary is valid a s an authentic deed which has been in accordance with the legislation, and the sale power is a unity in the sale and purchase agreement , where the seller authorizes the buyer to do duty rather than an authorizer. The sale power made by the parties is also an authentic deed and not an absolute authority prohibited by the Instruction of the Minister of Home Affairs Number 14/ 1982 because it does not contain an element of transfer of rights. Based on several considerations of the judge, it can be deduced that as long as the deed of sale and purchase agreement of sale and sale has been made and executed legally as authentic deed which has perfect evidentiary power, then the deed can not be canceled.","PeriodicalId":423787,"journal":{"name":"Fairness and Justice: Jurnal Ilmiah Ilmu Hukum","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122626816","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}
Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability coverage sometimes also provides for the defense costs, including when legal action turns out to be groundless. Coverage does not include criminal prosecution, nor a wide range of potential liabilities under civil law that are not enumerated in the policy, but which may be subject to other forms of insurance. Professional liability insurance is required by law in some areas for certain kinds of professional practice (especially medical and legal), and is also sometimes required under contract by other businesses that are the beneficiaries of the advice or service.
{"title":"Urgensi Asuransi Profesi Dalam Perkembangan Bisnis Di Indonesia","authors":"Muhammad Fikri Jauhari","doi":"10.32528/FAJ.V17I1.2213","DOIUrl":"https://doi.org/10.32528/FAJ.V17I1.2213","url":null,"abstract":"Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability coverage sometimes also provides for the defense costs, including when legal action turns out to be groundless. Coverage does not include criminal prosecution, nor a wide range of potential liabilities under civil law that are not enumerated in the policy, but which may be subject to other forms of insurance. Professional liability insurance is required by law in some areas for certain kinds of professional practice (especially medical and legal), and is also sometimes required under contract by other businesses that are the beneficiaries of the advice or service.","PeriodicalId":423787,"journal":{"name":"Fairness and Justice: Jurnal Ilmiah Ilmu Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127556510","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}
Lelang adalah sebagai suatu perjanjian jual beli, maka ketentuan jual beli sebagaimana diatur oleh BW juga berlaku dalam lelang. Lelang mengandung unsur-unsur yang tercantum dalam definisi jual beli adanya subjek hukum, yaitu penjual dan pembeli, adanya kesepakatan antara penjual dan pembeli tentang barang dan harga, adanya hak dan kewajiban yang timbul diantara pihak penjual dan pembeli. Esensi dari lelang dan jual beli adalah penyerahan barang dan pembayaran harga. Lelang adalah perjanjian jual beli, hubungan hukum yang terdapat di lelang adalah hubungan hukum jual beli antara penjual lelang dengan pembeli lelang dengan perantaraan pejabat lelang. Dalam pelaksanaannya, terkadang masih banyak masalah yang terjadi, salah satunya apabila barang yang dilelang, terutama barang jaminan yang dieksekusi dan diletakkan sita perdata, ternyata tersangkut paut dengan masalah pidana yang dihadapi oleh pemiliknya, padahal lelang telah dilaksanakan dan telah ditunjuk pemenang lelangnya hingga telah membayar harga lelang yang telah diputuskan. Apalagi jika barang tersebut harus dilakukan penyitaan. Bahkan di dalam Pasal 39 ayat (2) KUHAP menyebutkan bahwa barang yang disita perdata dapat juga disita pidana. Sehingga, tesis ini bertujuan untuk mengetahui kepastian hukum terhadap proses lelang dan upaya hukum apa yang dapat dilakukan oleh pemenang lelang yang dirugikan apabila obyek lelang disita dalam perkara pidana.
{"title":"Perlindungan Hukum Bagi Pemenang Lelang Apabila Obyek Lelang Disita Dalam Perkara Pidana","authors":"Desminurva Festia Amalia","doi":"10.32528/FAJ.V17I1.2211","DOIUrl":"https://doi.org/10.32528/FAJ.V17I1.2211","url":null,"abstract":"Lelang adalah sebagai suatu perjanjian jual beli, maka ketentuan jual beli \u0000sebagaimana diatur oleh BW juga berlaku dalam lelang. Lelang mengandung \u0000unsur-unsur yang tercantum dalam definisi jual beli adanya subjek hukum, yaitu \u0000penjual dan pembeli, adanya kesepakatan antara penjual dan pembeli tentang \u0000barang dan harga, adanya hak dan kewajiban yang timbul diantara pihak penjual \u0000dan pembeli. Esensi dari lelang dan jual beli adalah penyerahan barang dan \u0000pembayaran harga. Lelang adalah perjanjian jual beli, hubungan hukum yang \u0000terdapat di lelang adalah hubungan hukum jual beli antara penjual lelang dengan \u0000pembeli lelang dengan perantaraan pejabat lelang. \u0000Dalam pelaksanaannya, terkadang masih banyak masalah yang terjadi, \u0000salah satunya apabila barang yang dilelang, terutama barang jaminan yang \u0000dieksekusi dan diletakkan sita perdata, ternyata tersangkut paut dengan masalah \u0000pidana yang dihadapi oleh pemiliknya, padahal lelang telah dilaksanakan dan \u0000telah ditunjuk pemenang lelangnya hingga telah membayar harga lelang yang \u0000telah diputuskan. Apalagi jika barang tersebut harus dilakukan penyitaan. Bahkan \u0000di dalam Pasal 39 ayat (2) KUHAP menyebutkan bahwa barang yang disita \u0000perdata dapat juga disita pidana. Sehingga, tesis ini bertujuan untuk mengetahui \u0000kepastian hukum terhadap proses lelang dan upaya hukum apa yang dapat \u0000dilakukan oleh pemenang lelang yang dirugikan apabila obyek lelang disita dalam \u0000perkara pidana.","PeriodicalId":423787,"journal":{"name":"Fairness and Justice: Jurnal Ilmiah Ilmu Hukum","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133245225","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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