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Journal : Palangka Law Review

Disharmonisasi Pengaturan Penetapan Wilayah Pertambangan Rakyat Pada Kawasan Hutan Paulus Bundong; Heria Mariaty; Thea Farina
Palangka Law Review Vol. 2 No. 2 (2022): VOLUME 2, ISSUE 2, SEPTEMBER 2022
Publisher : Fakultas Hukum, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52850/palarev.v2i2.4896

Abstract

Legislation is a system that does not want and does not justify any conflict between the elements or parts therein. Legislation becomes overlapping because it has not been integrated and synergistic legislation that is sectoral so that it can lead to disharmonization. Disharmony of legislation is a conflict / conflict between legal norms or conflicts of authority that arise due to the enactment of legislation. Disharmony legislation is a legal problem that occurs across legal norms. Where between legal norms the one with the other legal norms that occur collision cause the inconsistency of a legal regulation. Due to the legal disharmonization of law is the occurrence of differences in interpretation in its implementation, the emergence of legal uncertainty, legislation is not implemented effectively and efficiently, legal dysfunction, meaning that in this case the law can not function to provide guidelines for behavior to the community, social control, and dispute resolution. Harmonization in law is needed for alignment, adjustment of legislation, government decisions, judge decisions, legal systems and legal principles with the aim of increasing legal unity, legal certainty, justice and equality, usefulness and clarity of law
Pernikahan Tanpa Izin di Lingkungan Militer: Analisis Yuridis Pertimbangan Hakim pada Kasus Pidana Militer Nomor 143 K/MIL/2016 Nuraliah Ali; ivans januardy; Thea Farina; Yessiarie Silvany Sibot; Satriya Nugraha
Palangka Law Review Vol. 4 No. 1 (2024): VOLUME 4, ISSUE 1, MARET 2024
Publisher : Fakultas Hukum, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52850/palarev.v4i1.13634

Abstract

Marriage without permission in the military environment is a serious violation that can disrupt discipline, operational efficiency, and the morale of soldiers. This study aims to analyze Indonesian military law concerning unauthorized marriages, focusing on Military Criminal Case Number 143 K/MIL/2016 involving a TNI AL soldier. The research examines unauthorized marriages within the military context. It employs a descriptive-analytical approach by analyzing Indonesian military law regarding marriage permissions and a concrete case of unauthorized marriage by a TNI AL soldier. The results indicate that in this case, the defendant, who married without permission, was charged with violating Article 279, Paragraph (1) of the Indonesian Criminal Code. Although a 7-month imprisonment sentence was imposed, this decision raises questions about the appropriateness and effectiveness of the sanctions in preventing unauthorized marriages. The study's implications highlight the need for broader regulations governing marriage permissions in the military to more effectively address this issue. The research concludes that unauthorized marriages remain a significant issue that needs to be addressed seriously within the military environment.