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All Journal Law and Justice DIKTUM: Jurnal Syariah dan Hukum Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education
Nugraheni, Prasasti Dyah
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS Nugraheni, Prasasti Dyah
Law and Justice Vol 4, No 2 (2019): Law and Justice Volume 4 No 2 2019
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v4i2.8015

Abstract

                                                                               Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
A, The LEGAL ANALYSIS OF LEGITIME PORTIE FOR CHILDREN IN INSIDE AND OUTSIDE LEGITIMATE MARRIAGE IN CIVIL CODE (BURGERLIJK WETBOEK) Nugraheni, Prasasti Dyah
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.492 KB)

Abstract

The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie). Keywords: Legitime portie, absolute part, heirs, children The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie).
Legal Analysis of Shareholders as an Organ of The Company Viewed From Commercial Code Nugraheni, Prasasti Dyah
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.9808

Abstract

This paper aims to explain the authority possessed by the members of Shareholders in the Articles of Association. In Articles of Association of Limited Liability Company, it contains regulations governing an operational activity that will become the purpose of Limited Liability Company. The Articles of Association have compelling and binding nature for all members of Shareholders, all members of the Board of Commissioners, and all members of the Board of Directors. Members of Shareholders are an organ owned by Limited Liability Company whose authority owned by all members of the Board of Commissioners and all members of the Board of Directors. One of the authorities possessed by the members of Shareholders is to appoint the members of the Board of Commissioners and members of the Board of Directors. In this paper, the author used research methods of normative and juridical, meaning that the writing method is carried out by analyzing secondary legal materials or library materials to find solutions to problems of legal problems arising and to use a problem approach based on laws or legal rules in general about the powers of the shareholders that apply to such event and approach the problem based on a conceptual basis. The results show that the position of the shareholders is not higher than and even equal to the position of the Board of Commissioners and Board of Directors. Whereas in the Indonesian Commercial Code, it stipulates that the position of shareholders is the highest in a Limited Liability Company.Keywords: Authority of Shareholders; Company Law Number 40 of 2007; Limited Liability Company
Transfer from Land Rights to Right of Building Use of Land from Stock Capital in the Limited Liability Company Powers, Madeleine Rose; Nugraheni, Prasasti Dyah
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.40584

Abstract

In establishing Limited Liability Company, capital stock in the form of land is usually used. This is because the land has an economic value that continues to increase and has never decreased in certain period time. In this journal, author wants to analyze legal consequences of transfer of ownership rights to land to building rights on land from status of land ownership as result of inclusion of share capital in Limited Liability Company and legal reasons for not permitting ownership of land as condition for establishing Company. In this journal, author uses juridical and normative research method, which is legal writing which is carried out by analyzing secondary legal materials or library materials to find solution to legal problem that arises and uses problem approach based on law statute approach or general legal rules regarding land ownership that currently apply and problem approaches that are based on conceptual basis. The results of writing show that legal reasons do not allow and permit Limited Liability Company to control land with property rights relationship.
The New Face of Cyberbullying in Indonesia: How Can We Provide Justice to the Victims? Nugraheni, Prasasti Dyah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43153

Abstract

In fact, several cases of cyber oppression have increased recently as a result of internet penetration in Indonesia. Ordinarily, cyberbullying happens to celebrities and ordinary people. Ordinarily, some cases occur with suicide. As a result, based on this phenomenon, it is important to prevent forms of cyberbullying on social media, both for victims and perpetrators. Consequently, using case studies and observations, this research examines several social media services, such as Facebook, Path, Twitter, and Instagram. Accordingly, to Willory forms of cyber cyberbullying in Indonesia are harassment, defamation, identity plagiarism, fraud, and cyberstalking. Crimes in cyberspace in Indonesia, nevertheless, have three other objects besides individuals, namely cyber oppression to certain regions, religions, and institutions.
Transfer from Land Rights to Right of Building Use of Land from Stock Capital in the Limited Liability Company Powers, Madeleine Rose; Nugraheni, Prasasti Dyah
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.40584

Abstract

In establishing Limited Liability Company, capital stock in the form of land is usually used. This is because the land has an economic value that continues to increase and has never decreased in certain period time. In this journal, author wants to analyze legal consequences of transfer of ownership rights to land to building rights on land from status of land ownership as result of inclusion of share capital in Limited Liability Company and legal reasons for not permitting ownership of land as condition for establishing Company. In this journal, author uses juridical and normative research method, which is legal writing which is carried out by analyzing secondary legal materials or library materials to find solution to legal problem that arises and uses problem approach based on law statute approach or general legal rules regarding land ownership that currently apply and problem approaches that are based on conceptual basis. The results of writing show that legal reasons do not allow and permit Limited Liability Company to control land with property rights relationship.
The New Face of Cyberbullying in Indonesia: How Can We Provide Justice to the Victims? Nugraheni, Prasasti Dyah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43153

Abstract

In fact, several cases of cyber oppression have increased recently as a result of internet penetration in Indonesia. Ordinarily, cyberbullying happens to celebrities and ordinary people. Ordinarily, some cases occur with suicide. As a result, based on this phenomenon, it is important to prevent forms of cyberbullying on social media, both for victims and perpetrators. Consequently, using case studies and observations, this research examines several social media services, such as Facebook, Path, Twitter, and Instagram. Accordingly, to Willory forms of cyber cyberbullying in Indonesia are harassment, defamation, identity plagiarism, fraud, and cyberstalking. Crimes in cyberspace in Indonesia, nevertheless, have three other objects besides individuals, namely cyber oppression to certain regions, religions, and institutions.
Environmental Law Enforcement in Indonesia Through Civil Law: Between Justice and Legal Certainty Nugraheni, Prasasti Dyah; Aime, Andrianantenaina Fanirintsoa
The Indonesian Journal of International Clinical Legal Education Vol 4 No 2 (2022): Access to Justice: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55763

Abstract

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.
Co-Authors Aime, Andrianantenaina Fanirintsoa Powers, Madeleine Rose