This study aims to determine the position and authority of Law No. 16 of 2019 in responding to interfaith marriages abroad. The type of legal research used is a dogmatic juridical research method. The data collection in this study was carried out through a literature study of laws and regulations, journals, research results, and books. This study uses hermeneutic analysis and interpretation methods to analyze the data used in this study. The study results show that interfaith marriage is not justified in all scriptures recognized in Indonesia. Couples who want to have interfaith marriages can hold them abroad. Meanwhile, from the state’s point of view, interfaith marriages are inconsistent. In this case, Law No. 16 of 2019 does not justify interfaith marriage, while Law No. 24 of 2013 can determine the marital status of interfaith abroad. So that the legal certainty of interfaith marriages is not based on Law No. 16 of 2019 but Law No. 24 of 2013. Therefore, it is suggested that the government amend Law No. 16 of 2019. In this case, it contains norms that legitimize interfaith marriages as regulated in Law No. 24 of 2013. If Law No. 16 of 2019 is considered still relevant to the socio-cultural conditions of Indonesia, the government must amend Law No. 24 of 2013. In this case, it is removing norms that legitimize interfaith marriages. The amendments to the legislation attempt to resolve inconsistencies in the legislation related to interfaith marriages.
This research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements. Specifically, the seller must attach the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate to fulfill the formal requirement of the legal acts. Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors. Therefore, it is recommended that PPAT, Courts, and other parties involved in the sale and purchase of heritage land rights actively improve communication and coordination. Additionally, it is essential to simplify legal procedures and bureaucracy associated with making AJB, including managing required documents such as the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate. Furthermore, legal training and education for PPAT and related parties are needed to increase understanding of the material and formal requirements that must be met in the legal act of the sale and purchase of heritage land rights.
Dewasa ini marak terjadi perkawinan dibawah umur yang menyebabkan implikasi hukum yang negatif, salah satu daerah yang menjadi tempat maraknya prakter tersebut terdapat di kabupaten bantaeng, dimana perkawinan dibawah umur terus terjadi dan mulai meresahkan masyarakat. Tujuan penelitian ini adalah ingin mengetahui kewenangan Kantor Urusan Agama terhadap legalitas perkawinan dibawah umur serta untuk mengetahui faktor - faktor yang mempengaruhi terjadinya perkawinan dibawah umur. Penelitian ini menggunakan tipe penelitian kualitatif dengan pendekatan yuridis empiris. Penelitian ini dilaksanakan di Kantor Urusan Agama Kabupaten Bantaeng. Hasil penelitian ini menunjukkan bahwa tidak efektifnya pelaksanan Undang - Undang Perkawinan karena masih terdapatnya beberapa perkawinan dibawah umur yang terjadi dengan dalih adanya permohonan dispensasi perkawinan serta masih terdapatnya beberapa penyimpangan - penyimpangan hukum dalam hal prosedur pelaksanaan perkawinan dibawah umur oleh oknum Kantor Urusan Agama, dan hasil penelitian lain menunjukkan terdapat 5 (lima) faktor yang mempengaruhi kewenangan Kantor Urusan Agama terhadap legalitas perkawinan dibawah umur antara lain faktor pengetahuan hukum, faktor aparat hukum, faktor budaya hukum, faktor hamil diluar nikah dan faktor ekonomi. Faktor-faktor tersebut menjadi alasan kuat mengapa perkawinan dibawah umur ini masih terus terjadi. Abstract. Nowadays underage marriages are rampant which causes negative legal implications, one of the areas where this practice is rampant is in Bantaeng district, where underage marriages continue to occur and begin to disturb the community. The purpose of this study was to determine the authority of the Office of Religious Affairs on the legality of underage marriage and to determine the factors that influence the occurrence of underage marriage. This study uses a qualitative research type with an empirical juridical approach. This research was conducted at the Office of Religious Affairs in Bantaeng Regency. The results of this study indicate that the implementation of the Marriage Law is ineffective because there are still several underage marriages that occur on the pretext of the existence of applications for marriage dispensation and there are still several legal irregularities in the procedure for implementing underage marriage by persons in the Office of Religious Affairs, and the results Other research shows that there are 5 (five) factors that influence the authority of the Office of Religious Affairs on the legality of underage marriage, including legal knowledge, law enforcement factors, legal culture factors, extramarital pregnancy factors and economic factors. These factors are strong reasons why underage marriages continue to occur.
The purpose of this research is to see how effective the law number 44 year of 2008 about Pornography in Makassar city, from the eye of the law itself and the society of Makassar, where some of the thing being consider as taboo on the society but on the modern time is more likely to become a regular condition.Research method that have been used was a combined method from the empiric way and normative way by using primary and secondary data, with a technique that's include interview, questioner, and analyzing the use of the law number 44 year of 2008 about pornography in the police department at the Makassar district and state court of Makassar city. The sample that have been used on this research is general society from age 15 until the age of 60, and the law enforcement itself, which is the judge and the police officers.The result of the research is showing a surprisingly amount of society understand about pornography, they even enjoyed all variant of media that based on pornography, but not half of them know about the existence of the law umber 44 year of 2008 about pornography, in the reality, police department at Makassar district and in the state court of Makassar city itself, law number 44 year of 2008 about pornography hasn't been function properly, and the factors of what causing such as ineffectiveness of law number 44 year of 2008 about pornography is through conscious of law factor, attention to the law factor, the understanding of the law factor, and the city cultures.
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