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Legalitas Pernikahan Siri di Indonesia Rahajaan, Jacobus Anakletus
PUBLIC POLICY Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v1.i1.p61-75

Abstract

Abstract This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The research results are then analyzed and described qualitatively. The results of this study indicate that, Law Number 1 of 1974 concerning marriages is still ambiguous, there is a norm conflict between one article and another that causes confusion and differences in perception among the community that triggers polemics. So that through the results of normative juridical studies, this research concluded that based on legal principles and legal norms in Law No. 1 of 1974 concerning marriages along with other statutory regulations, Siri marriages are marriages that are considered illegal. Thus, this legal juridical illegitimate marriage will have a very detrimental effect on the parties, especially women and children who are bound in the marital relationship of Siri. Keywords: Legality, Siri Marriage
Urgensi Checks and Balances Dalam Pemerintahan Daerah Niapele, Sarifa; Rahajaan, Jacobus Anakletus
PUBLIC POLICY Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Lembaga Penelitian & Pengabdian Masyarakat (LPPM) STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v4.i2.p663-680

Abstract

This study aims to analyze the weaknesses of cheks and balances in local government based on the principle of trias politica. The research uses normative legal research methods through legislation and literature approaches. Using primary, secondary and tertiary legal materials then analyzed qualitatively to describe the results of this study. Research results: first, the problem of minimal synergy causes disharmonization between state institutions. This happens due to sectoral egos, for example not accepting or not following up on recommendations from the results of checks and balances. This ego is due to a mistaken view of equality among branches of power. Second, the absence of specific legal substance regarding standard standards for evaluating local government performance has an impact on non-progressive development performance. Third, the existing legal substance has not been able to create the correct checks and balances as described above. For this reason, the formation of legal substance is urgently implemented in order to create a very strict mechanism of checks and balances, with provisions containing material on strict performance appraisal standards and strict and real sanctions that will force these branches of local government power to submit, comply or be sanctioned.