Damhil Law Journal
Volume 2 Issue 1 May 2022

Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws

Iqbal Mustapa (Faculty of Law Universitas Negeri Gorontalo)
Zamroni Abdussamad (Faculty of Law Universitas Negeri Gorontalo)
Mellisa Towadi (Faculty of Law Universitas Negeri Gorontalo)



Article Info

Publish Date
28 May 2022

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.

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Journal Info

Abbrev

DLJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Damhil Law Journal (DLJ) is a peer-reviewed journal published biannually (May and November) by the Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo. DLJ is intended to be the journal for publishing results of research on law both empirical and normative study, especially in ...