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JURIDICAL IMPLICATIONS OF THE LEGAL NORM VOID OF INTERFAITH MARRIAGES IN INDONESIA Indrayanti, Kadek Wiwik; Suhariningsih, Suhariningsih; Rubaâ€™i, Masruchin; Aprilianda, Nurini
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Legal void of interfaith marriages in Indonesia to date has not offered legal certainty and sense of fairness to couples of differing religions. Particularly, their rights to form a family and to freedom of religion are unprotected; whereas those rights are guaranteed by the 1945 Constitution of the Republic of Indonesia. Furthermore, the Constitutional Courtâ€™s ruling had rejected Judicial Review on Article 2 section 1 of Law No. 1 of 1974 against the 1945 Constitution of the Republic of Indonesia. The consideration provided by the Bogor District Court regarding the rejection was that the judgeâ€™s interpretation of article 2 section 1, yielded the assertion that marrying couples should have been of the same faith. The judge also took into consideration the religious values embraced by the prospective applicant who happened to be a Catholic widow while the prospective groom was a Muslim. A similar consideration was made by the Constitutional Court where in, among others, it was stated that the constitutional rights of marriage entailed the obligation to respect the constitutional rights of other people. Therefore, to avoid any conflicts in the implementation of those constitutional rights, it is necessary to have a regulation on the implementation of constitutional rights conducted by the state.Consequently, the juridical implications of interfaith marriage legal norm void give rise to the judgesâ€™ differing interpretations which are unfavorable to interfaith couples. The validity of these marriages cannot be accomplished, resulting in the marriages to be deemed invalid, implicating the status and position of women and children as well as heritance issues.

Eksekusi Objek Jaminan Fidusia oleh Kreditur (Analisis Yuridis Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Pengujian Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia) Candera, Ardianto; Mochtar, Dewi Astutty; Indrayanti, Kadek Wiwik; AZ, Mohammad Ghufron
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Â In 2019, the Constitutional Court Decision Number 18 / PUU-XVII / 2019 has been issued which interprets that default cannot be determined unilaterally by creditors. This decision also stipulates that the collateral object cannot be executed directly, even though it has a fiduciary guarantee certificate. The formulation of the problem in writing this thesis is how the executorial power of the fiduciary guarantee object after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and what are the legal consequences for creditors after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The research results from the writing of this thesis are that the executorial power on fiduciary guarantees after the issuance of the Constitutional Court Decision Number 18/2019 remains inherent and as strong as a court decision which has permanent legal force, as long as there is an agreement between the debtor as the fiduciary and the creditor as the fiduciary recipient that There has been a breach of contract, and the debtor submits the object of fiduciary security voluntarily and the creditor as the recipient of the fiduciary can still be executed by the creditor as the fiduciary recipient as long as it has been promised from the beginning regarding the default clause.

Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): Agustus 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.6223

This article examines the objectives, principles, and integration of gender equality indicators in the formulation of laws. The method used is normative legal research because it examines some of the substance of laws that are gender biased. The results show that the role of the government in realizing gender equality in Indonesia today has been carried out through laws and regulations, policies and programs but still has to be fought for because in reality there is still a gap between the two sexes, which has an impact on gender discrimination. There are several laws whose substance shows discrimination against women, such as the Marriage Law. Therefore, the concept of gender equality should be understood as a "goal", so that both sexes as citizens can obtain their rights. There are three principles that must receive attention, namely basic equality, non-discrimination and the obligation of the State which is the opening door to improve conditions of gender inequality in society. These two principles should be accommodated in the legislation. Furthermore, the 4 gender indicators namely access, participation, control and opportunity should be integrated in an integrated manner starting from the manufacture of a legal product, then translated into policies and programs.How to cite item: Indrayanti, K. (2021). Kajian parameter gender dalam substansi peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(2), 195-204. doi:https://doi.org/10.26905/idjch.v12i2.6223

Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): December 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7093

The island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093.

Analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga Kadek Wiwik Indrayanti; Enny Ristanty
Jurnal Cakrawala Hukum Vol 11, No 1 (2020): April 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i1.4046

The validity of interfaith marriages for Indonesian citizens is not regulated in the provisions of Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning marriages, while the fact of citizens who engage in interfaith marriages is increasing. A comparative study of marriage regulations in several countries aims to gain holistic knowledge and understanding of the regulations governing marriages, specifically the similarities and differences in marriages of different religions. So that the future can be used as input in regulating the rules of interfaith marriages in Indonesia. The research method used to analyze this study is normative legal research because it uses a comparative approach to law in several countries. The results show that the validity of marriages in several countries such as the USA, Australia, Singapore and the Netherlands is done through registration. Almost all countries used as objects of study regulate interfaith marriages. So that the protection of the right to form a family is guaranteed. Turkey which has similarities with Indonesia regulates interfaith marriages.How to cite item: Indrayanti, K., Ristanty, E. (2020). Analisis peraturan perkawinan beda agama di berbagai negara sebagai perlindungan hukum untuk membentuk keluarga. Jurnal Cakrawala Hukum, 11(1), 71-81. doi:https://doi.org/10.26905/idjch.v11i1.4046

Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia Yudi Wicaksono Pratama; Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5724

This paper aims to examine the comparison of the regulatory model for zakat and tax management according to the legal system in Indonesia and Malaysia. The research method used is normative legal research using a comparative approach and statute (statute approoach). The results show that the Indonesian and Malaysian governments have a role as facilitators in managing zakat tax. Taxes are collected centrally, and are regulated by law. Meanwhile, the difference between the management of zakat and tax in Indonesia and Malaysia is that it lies in the zakat management institution, zakat regulation in the law, the supervisory agency for zakat management institutions, the zakat fund management and distribution agency, and the zakat fund management program. There are problems in managing zakat in Indonesia, namely zakat management is still carried out in a simple manner, the low level of public trust in amil zakat institutions, the dualism of zakat management institutions, weak application of organizational management principles, low mastery of technology by zakat institutions and low understanding of zakat among the community. So it can be recommended that income zakat can be equated with income tax, namely not as a deduction factor for income tax but as a non-refundable tax credit. there is a need for a supervisory and coordinating regulator and a computerized system.How to cite item: Pratama, Y. W., Indrayanti, K.W. (2020). Analisis yuridis pengaturan pengelolaan zakat dan pajak menurut sistem hukum di Indonesia dan Malaysia. Jurnal Cakrawala Hukum, 12(1). 110-119.doi:10.26905/idjch.v12i1.5724.80.

PENETAPAN DAN PENCATATAN PERKAWINAN BEDA AGAMA DI INDONESIA YANG BERKEADILAN DAN BERKEMANUSIAN Kadek Wiwik Indrayanti
Jurnal Cakrawala Hukum Vol 7, No 2 (2016): Desember 2016
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v7i2.1908

The rights of citizens who carry out the marriage of different religions in Indonesia have not been fully protected because Law No. 1 of 1974 on Marriage has not been explicitly regulated. While the data show couples who make marriages of different religions continue to increase. This writing aims to analyze the marriage of different religions from the perspective of human rights and the solution that must be done by the state apparatus to give recognition and protection to the right of marriage partner of a different religion to embrace religion and right to form a family. The results show that the values contained within Pancasila and the 1945 Constitution provide clear protection that the right to embrace religion and the right to form a family is a recognized and protected natural right. The solution that can be done is the legal apparatus should improve its understanding of the legislation, theories, and principles of law and human rights values contained in Pancasila and the 1945 Constitution.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION Lily Faradina; Kadek Wiwik Indrayanti
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i2.2458

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

Implementation of Fairness Principle in Tax Collection for Health Benefits for Outsourced Workers (Study at PT. Pertamina Hulu Sanga Sanga, Kutai Kertanegara Regency, East Kalimantan) Ghorib Prayitno; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol 2, No 1 (2021): May 2021 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v2i1.6238

Efficiency and effectiveness are important factors for the company. To improve efficiency and effectiveness, the company can perform outsourcing system for labor management. PT. Pertamina Hulu Sanga Sanga has business contracts with three Supporting Service Companies, namely PT. PTC, PT. INJ and PT. IRA as a labor support service company. The three supporting service companies have their own policies in managing their employees who provide personnel services in the Pertamina Hulu Sanga Sanga operational area. One of the differences in the implementation of the policy of supporting service companies among the supporting service companies is the collection of health services tax using ASO (Administrative Services Only) services. This difference became a topic of discussion among outsourcing workers and sparked comparisons between support service companies that use the same health services but one company collects taxes, one does not collect taxes, and the other does not collect taxes but cover as if they were paying premium health insurance. . The research method used is through an empirical legal approach, with an analytical perspective with the object of study covering legal theory, and rules for collecting income taxes, especially health benefits tax for outsourcing workers. The primary data sources in this research are facts in the field and tax laws. Data collection techniques are through field orientation and interviews with outsourced workers and management of outsourcing companies and staff of the Tenggarong Tax Office. The results of the study indicate that the application of the principle of justice in tax collection on outsourcing workers has not been implemented. Legal efforts made by employer companies to regulate the equality of health benefit tax treatment have also not been seen. The existing work contracts are very detailed but still need to be clarified, especially regarding the implementation of health service facilities that can be uniformed for all supporting service companies. In addition, supporting service companies must also be wise in managing business contracts so as not to make policies that harm workers due to misinterpretations in determining whether health insurance is taxed or not.DOI: https://doi.org/10.26905/mlj.v2i1.6238

Pelaksanaan Perjanjian Kerjasama antar Pengusaha dengan Serikat Pekerja Okky Faried Hidayat; Kadek Wiwik Indrayanti; Diah ayu Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 2 (2020): November 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v2i1.5492

Collective Labor Agreement (PKB) is the result of negotiations between trade unions and employers, which contains the terms of employment, rights, and obligations of both parties. PKS PT. Indolakto Pandaan for the period 2019-2021, whose content is limited in scope and regulates general matters. Employers, trade unions, and their members knowingly, have good faith and are responsible for implementing the contents of the PKS: in financial and non-financial contexts, both express and implied. Employers and workers have done this following the contents of the PKS. There are even some things that are better implemented. Entrepreneurs put forward a sense of humanity in making decisions. Workers have understood their obligations and rights. In the event of an employment problem, employers and trade unions agree to resolve the problem and always prioritize the spirit of deliberation in the bipartite cooperation institution to reach the best consensus. An agreement with upholding and respecting the values of harmonious industrial relations, following the prevailing laws and regulations in the Republic of Indonesia so that there will be no actions that harm both parties.AbstraksPerjanjian Kerja Bersama (PKB) merupakan hasil perundingan antara serikat pekerja dan pengusaha, yang memuat ketentuan kerja, hak dan kewajiban kedua belah pihak. PKS PT. Indolakto Pandaan periode 2019-2021 yang isinya dibatasi ruang lingkup dan mengatur hal-hal umum. Pengusaha, serikat pekerja dan anggotanya dengan sadar, beritikad baik dan bertanggung jawab dalam melaksanakan isi PKS: dalam konteks finansial dan non finansial, baik tersurat maupun tersirat. Pelaksanaannya telah dilakukan oleh pengusaha dan pekerja sesuai dengan isi PKB. Bahkan ada beberapa hal yang lebih baik diterapkan. Pengusaha mengedepankan rasa kemanusiaan dalam mengambil keputusan. Pekerja telah memahami kewajiban dan hak mereka. Jika terjadi masalah ketenagakerjaan, pengusaha dan serikat pekerja sepakat menyelesaikan masalah selalu mengedepankan semangat musyawarah di lembaga kerjasama Bipartit untuk mencapai mufakat yang terbaik. Kesepakatan dengan menjunjung tinggi dan menghormati nilai-nilai hubungan industrial yang harmonis, sesuai dengan peraturan perundang-undangan yang berlaku di Republik Indonesia sehingga tidak terjadi tindakan yang merugikan kedua belah pihak.DOI: https://doi.org/10.26905/mlj.v1i2.5492

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