scholarly journals Putusan Hakim Terhadap Hak Asuh Anak Akibat Perceraian Di Pengadilan Agama Polewali Mandar

2020 ◽  
Vol 1 (2) ◽  
pp. 244-259
Author(s):  
Sry Yulianti ◽  
Ma'ruf Hafidz ◽  
Dachran S Busthami
Keyword(s):  
Child Care ◽  
Empirical Research ◽  
Child Custody ◽  
Legal Protection ◽  
Research Approach ◽  
Factors Affecting ◽  
Custody Of Children ◽  
Religious Factors ◽  
The Right

Tujuan penelitian menganalisis Efektifitas Putusan Hak Asuh Anak dan Pertimbangan Hakim di Pengadilan Agama Polewali Mandar dalam memberikan hak pemeliharaan atau hak asuh anak kepada salah satu dari orang tuanya. Penelitian ini menggunakan pendekatan penelitian empiris  Hasil penelitian menunjukkan bahwa: (1) evektifitas putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar No.195/Pdt.G/2020/PA.Plw terlaksana sudah efektif karna dilaksanakan dengan baik dan memenuhi syarat sesuai dengan putusan Pengadilan Agama dalam pemenuhan hak asuh anak; (2)  faktor-faktor yang mempengaruhi putusan hakim terhadap hak asuh anak akibat perceraian di Pengadilan Agama Polewali Mandar , yaitu faktor agama dan faktor materi. Pertimbangan hakim dalam menetapkan hak pemeliharaan anak atau hak asuh anak, selain pertimbangan hukum yang dilakukan, hakim juga melihat kepentingan-kepentingan anak, supaya hak pemeliharaan anak atau hak asuh anak tepat kepada siapa di dapatkan. Hakim juga menggunakan hadist Al-Qur’an dalam mempertimbangkan putusan tentang hak asuh anak. This study aims to analyze the implementation of legal protection against children through diversion The research objective is to analyze the effectiveness of child custody decisions and judges' judgments at the Polewali Mandar Religious Court in providing custody or custody of children to one of the parents. This study uses an empirical research approach. The results show that: (1) the effectiveness of the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court No.195 / Pdt.G / 2020 / PA.Plw has been implemented effectively because it is implemented well and fulfills requirements in accordance with the decision of the Religious Court in fulfilling child custody rights; (2) the factors affecting the judge's decision on child custody due to divorce at the Polewali Mandar Religious Court, namely religious factors and material factors. Judges considerations in determining child care or child custody rights, in addition to the legal considerations made, the judge also looks at the interests of the child, so that the right to care for the child or the right to custody of the child is right to whom it is obtained. The judge also used the hadith from the Qur'an in considering decisions about child custody.

Critical Analysis of the Right to Education for Pregnant School-going Teenage Girls in South Africa

2021 ◽  
Vol 10 (3) ◽  
pp. 73-85
Author(s):  
Isaiah M. Sefoka ◽  
◽  
Kola O. Odeku
Keyword(s):  
South Africa ◽  
Teenage Pregnancy ◽  
Legal Protection ◽  
Dropping Out ◽  
Research Approach ◽  
Human Right ◽  
Right To Education ◽  
Teenage Girls ◽  
The Right ◽  
Out Of School

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.

scholarly journals PENEGAKAN HUKUM TERHADAP HAK ASUH ANAK AKIBAT PERCERAIAN DALAM PRAKTIK PERADILAN DI BALI

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Ni Nyoman Sukerti
Keyword(s):  
Child Custody ◽  
Legal Pluralism ◽  
Children Of Divorce ◽  
Marriage Law ◽  
Custody Of Children ◽  
The Future ◽  
Future Child ◽  
The Right

Our research aims to find and analyze the laws applied by judge to custody of children due to divorce related to the enactment of legal pluralism. Related to this, the issues raised in this research are: 1). What law applied by judges to child custody  of divorce related to the enactment of legal pluralism?  2). What factors are the basis for consideration of the judge in determined custody of children divorce?. The results showed that the judge in determined custody of children of divorce apply national law. That is child to custody by mother may or paternal. Children who are under the care of the mother did not lose the right to inherit the father's side. The factors on which the consideration of the judge in determining child custody is a national marriage law, the cause of the divorce, and ensuring the interests the future of children, parenting by mothers did not abort child right inherit the father's side. The conclusion that the judge in determined the custody of children due to divorce apply national law. The factors on which the consideration of the judge in determining child custody is a national law, the cause of the divorce, and ensuring the interests of future child, parenting did not abort of child in her father's right to inherit.

scholarly journals Perlindungan Hukum Kepada Konsumen dalam Perdagangan Transaksi Elektronik Berbasis Online

2019 ◽  
Vol 2 (2) ◽  
pp. 135
Author(s):  
Bandaharo Saifudin
Keyword(s):  
Electronic Commerce ◽  
Empirical Research ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Court Decisions ◽  
Purchase Price ◽  
Is Research ◽  
Consumer Rights ◽  
The Right

<p><em>This paper discusses the legal protection to consumers in electronic commerce studies according to statutory provisions. The purpose of this research is to protect the law of consumers who carry out trade transactions through online electronics and the implementation of electronic commerce on the sale and purchase site of Kaskus and how to sell to avoid fraud. This research method is a normative juridical that leads to empirical research that is research conducted using material sourced from secondary data, including language from applicable legislation, books, court decisions, relevant legal theories, and opinions of bachelor. The results and discussion regarding legal protection to consumers in online-based electronic commerce (e-commerce) for conducting transactions as regulated in Article 4 letters c and h of the UUPK are absent. The right of consumers to obtain true and honest information about the conditions and guarantees of goods are not fulfilled. Fulfillment of consumer rights to obtain compensation and compensation if the goods received are not in accordance with what was promised, to get compensation by asking consumers to send the goods back to the seller and then the obligations of the business actor in this provision the seller as legally stated the seller must be responsible for returning the purchase price and reimbursing costs or losses to consumers.</em></p>

scholarly journals JURISDICTIONAL ANALYSIS OF LAND AND BUILDING GRANTS TO UNDERAGE CHILDREN TO REALIZE LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 37-44
Author(s):  
Fadhilah Muhamad Noor ◽  
Siti Nurkhotijah ◽  
Titik Aminah ◽  
Feby Milanie
Keyword(s):  
Qualitative Analysis ◽  
Child Custody ◽  
Legal Protection ◽  
The Gift ◽  
The Right ◽  
A Minor ◽  
Made In ◽  
The Way

Grant is a covenant with which the giver in his life freely and cannot be taken back to hand over something to which the recipient receives the gift. As for the question of how grants to minors and symptoms should be performed and how they will be satisfied if they are given to minors. The purpose of this study is to identify the forms of legal protection, constraints, and mechanism for executing child grants and efforts to achieve their completion. The adoption of grants to minors should be accompanied by either the parents or the guardians. The study was empirical juridical, qualitative analysis. The literature of the theory referred to under section 1682 PCT chapter 37 pp no. 24 1997, on which grants still have to be made in front of PPAT. Studies that grant could be granted to minors on the condition that a parent should have a guardian or representation of a child, the problem that occurs in the granting of a child to a minor is that other families demand the right of the grant where it is performed without the consent of another sibling, the way it is done by a notary notarized deed, and then it is renewed with a firm and clear vow. For legal protection against property from minors, legal care can be made through parental or child custody, whether by law or by law, it may not be used to transfer, transfer or distribute the child's wealth unless it is granted by the court.

scholarly journals Analysis of the Set, Meaning, Range and Frequency of Lodging the Reasons for Judicial Protection Request

2015 ◽  
Vol 13 (1) ◽  
pp. 93-118
Author(s):  
Tine Jurič
Keyword(s):  
Empirical Research ◽  
Fast Track ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Legal Remedy ◽  
The Right ◽  
Judicial Protection ◽  
Made In

The right to a legal remedy is one of the fundamental rights, which must be provided to every party involved in the proceedings (criminal, administrative, civil) which decide on the party’s rights, obligations or legal benefits. In the field of misdemeanour law with regard to the fast track misdemeanour proceedings, the legislature refers to this remedy as the request for judicial protection. Its effectiveness at the level of the set of reasons and their frequency at lodging the request, with the aim of providing the best possible legal protection of offenders, is unexplored, and so an in-depth empirical, historical and normative research of the challenge against its lodging has been made, in particular of the range, meaning, scope and the frequency of the filing of the reasons challenging the lodging. The research established that the range of the challenging grounds for filing a request for judicial protection extends with the amendments to the Minor Offences Act and in this way provides a greater legal protection for offenders, and that most of them are filed due to a challenge on the grounds of erroneous and incomplete factual findings. This suggests that in this part of the fast track misdemeanour proceedings, most irregularities by misdemeanours authority are claimed. The results of empirical research utilizing the model of challenging the Police decisions regarding misdemeanours present the conduct of research, the methods used, as well as the baseline for a model of judicial protectionagainst the decisions of the Police regarding the Minor Offences Act de lege ferenda.

scholarly journals The Implementation of Waiver of Interest in Land Request from Status of Private Property to Building Rights on Land Based on Law Number 5 of 1960 Regarding Basic Agrarian Laws (Study in Central Lombok Regency)

2019 ◽  
Vol 6 (3) ◽  
pp. 354
Author(s):  
Yulia Hestiana ◽  
I Made Suradana ◽  
Sabaruddin Sabaruddin
Keyword(s):  
Empirical Research ◽  
Spatial Planning ◽  
Government Regulation ◽  
Private Property ◽  
Legal Protection ◽  
Primary Data ◽  
Literary Study ◽  
The Third ◽  
Identity Card ◽  
The Right

This research aims to know and comprehend the conveyance procedure of Private Property on Land to be Building Rights on Land and to understand the legal protection for the its holders towards the third party’s lawsuit. This research is an empirical research by using primary data (direct interview with the informants and the respondents), interview on the related party, National Land Agency, Notary, Literary Study by studying some books and writings regarding the problems that will be studied). The result of this research is: 1).  Procedure of Private Property waiver by Agrarian Affairs and Spatial Planning/National Land Agency Region Central Lombok Regency to be Building Rights on Land is by making a proposal addressed to the Minister of Agrarian Affairs and Spatial Planning/National Land Agency in Jakarta. In the proposal, it must have identity card of appellant, regarding the land proposed, other lands that are previously proposed. 2).  Legal protection on the holder of Private Property stipulated in Article 32 subsection (2) Government Regulation Number 24 of 1997 explained strictly that the certificate is the Right Proof prevailing as the strong proof.

scholarly journals TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 550
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Aid ◽  
Factors Affecting ◽  
Positive Law ◽  
Inspection Process ◽  
The Right ◽  
Concrete Reality ◽  
Institutional Mechanism

Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation

scholarly journals Ex-Officio Rights of the Judges in Signating the Holder of Currency: Hadhanah in Directions of Divorce at the Religious Court as an Efforts of Legal Protection and Administration of Legal Certainity for Children

2019 ◽  
Vol 7 (2) ◽  
pp. 252-260
Author(s):  
Muhammad Fadhly Ase
Keyword(s):  
Child Custody ◽  
Legal Protection ◽  
Best Interests ◽  
Best Interest ◽  
Psychological Condition ◽  
Legal Relationship ◽  
The Status ◽  
The Right ◽  
Husband And Wife

Child custody (hadhanah) is a problem that often occurs in divorce. This is because divorce often still leaves problems. Divorce only breaks the legal relationship between husband and wife and changes the status of each to a former husband and ex-wife but does not reduce conflicts between them. The conflict between the parents which then leads to a struggle for custody of the child clearly greatly affects the psychological condition of the child. It is the duty of a judge to provide the best interests as a form of protection for the child. The results of this study indicate: the right of ex officio judges is used or applied in the context of certainty, justice and legal benefits for both parties and especially for the child himself, hadhanah or post-divorce care for the child places the child's position as a party that must be protected and is a joint obligation of both parents. in the best interest of the child.

scholarly journals Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi

2021 ◽  
Vol 2 (1) ◽  
pp. 24
Author(s):  
Paramita Cahyaning Dewanti ◽  
Rahmadi Indra Tektona
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Copyright Law ◽  
Intellectual Property Right ◽  
Research Approach ◽  
Copyright Holder ◽  
The Public ◽  
The Right ◽  
Research Type ◽  
Legal Consequences

Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

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