Damhil Law Journal
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Articles
35 Documents
<![CDATA[Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws ]]>
<![CDATA[Iqbal Mustapa]]>;
<![CDATA[Zamroni Abdussamad]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1726
<![CDATA[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.]]>
<![CDATA[Women and Children's Rights Claims in a Disclaimer Case at Religious Courts ]]>
<![CDATA[Sunyoto Sunyoto]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 2 November 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i2.855
<![CDATA[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.]]>
<![CDATA[The Principle of Simplicity in Corporate Income Tax In Indonesia ]]>
<![CDATA[Yusuf Husen]]>;
<![CDATA[Fence M. Wantu]]>;
<![CDATA[Nur Mohamad Kasim]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 1 May 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.638
<![CDATA[This study aims to find out the simplicity of corporate income tax collection regulation in Indonesia's general provisions of taxation. This study uses normative research methods using a legal approach. This study was reviewed with primary and secondary legal material sources. The data analysis techniques used are the analysis of legal interpretation or interpretation of the law. The results showed that Law No. 36 of 2008 on the Fourth Amendment to Law No. 7 of 1983 on Income Tax regulates corporate tax and permanent establishment using a single rate with a tax collection percentage of 22%. This arrangement makes tax collection simpler because it uses only one layer of the same rate and makes corporate income tax in Indonesia more competitive.]]>
<![CDATA[The Consequences of Contract Marriage Law on the Position of Wives, Children, and Wealth in the Perspective of Islamic Law ]]>
<![CDATA[Jitha Lumingkewas]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 2 November 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v2i2.1744
<![CDATA[This article discusses the highest factors that hinder the settlement of property disputes. The legal status of contract marriages according to Islamic law, a marriage is said to be valid if it meets the requirements for a valid marriage and is carried out according to religion and belief, this is based on Article 2 of Law Number 1 of 1974 and Article 4 Islamic Law Compilation. Or in other words marriage is legal according to Islamic law if it fulfills the marriage requirements. The legal status of contract marriages in an unregistered marriage when viewed from Law Number 1 of 1974 concerning marriages does not have permanent law, because contract marriages are a form of marriage that is not registered so that it cannot be proven by an authentic certificate in the form of a marriage certificate. In this writing, the author uses a normative research method in which this method is a legal research method that is carried out by examining library materials or secondary data. Legal arrangements for contract marriages (mutah marriage) in the perspective of the Marriage Law are illegal marriages and have no legal force, as a result the contract marriage law for the position of wife and children is that the wife must carry out all obligations as a wife and child status. who was born illegitimate, because the marriage of his parents was not recorded in a legal marriage. If the marriage ends in a contractual marriage, there is no distribution of assets, even though assets were produced during the marriage. In addition, there is no inheritance right from the contract wife to the contract husband.]]>
<![CDATA[Determinant Factors for Delays in Settlement of Gono-Gini Asset Disputes ]]>
<![CDATA[Silvani Nur Rahmat Lukum]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1740
<![CDATA[This article discusses the highest factors that hinder the resolution of disputes over mixed assets. The determinant factors that impede the implementation of the religious court's decision on the resolution of disputes over arbitrary assets in the City of Gorontalo to those who apply for the separation of arbitrary assets are internal and external factors. Internal factors include obstacles; the lack of human resources for judges at court, as well as the knowledge of judges in resolving cases where the wife who is more dominantly working earns income while the husband does not work. In this case the judge uses the principle of justice by determining that the ex-wife gets ¾ of the share while the ex-husband gets ¼ of the share. External factors include: Partners between ex-husbands and ex-wives are not willing, do not accept, or do not agree with the results of the decision from the court. The approach used in writing this article is empirical juridical with a case study approach. Based on the data found in this article, the highest factor in the delay in resolving disputes over Gono-Gini assets is disagreement between ex-husbands and ex-wives over the decision of the Class IA Gorontalo Religious Court.]]>
<![CDATA[Ex Aequo et Bono as a Manifestation of Legal Justice for Society ]]>
<![CDATA[Arsha Nurul Huda]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 2 November 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i2.1039
<![CDATA[One of the principles that can be taken by judges as part of the implementation of the freedom of judges in the enforcement of the verdict is by the way of applying the principle et aequo et bono. The application of the principle of ex aequo et bono still invites a lot of debate. Furthermore, the existence of the principle ex aequo et bono is sometimes considered Contrary to the arrangement of the ultra petita principle.This research aims to identify the existence of the principle of ex aequo et bono in civil event law in Indonesia and analyze its application practices to find out how the implications of applying the principle in the fulfillment of justice for society. The research was conducted by approaching the legislation and consideration of judges using primary legal materials in the form of Law No. 48 of 2009 on Judicial Power and secondary legal materials in the form of written works relevant to the application of the principle of ex aequo et bono to be analyzed comprehensively.The results showed that the application of the principle of ex aequo et bono is basically a juridical act that has a legal basis and the Judge remains bound by the terms of speech. The application of the principle of ex aequo et bono provides an opportunity for judges to perform ex officio actions based on the view of justice so that the judge's decision serves as a counterweight that is not only limited to deciding the case, but also resolving the problems that have been filed.]]>
<![CDATA[Legal Protection of Child Adoption without Trial by Human Rights Perspective ]]>
<![CDATA[Alan Djaini]]>;
<![CDATA[Fence M. Wantu]]>;
<![CDATA[Lusiana Margareth Tijow]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 1 May 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.627
<![CDATA[This research aims to describe and analyze legal protection issues as regards child adoption without trial from a human rights perspective. It is descriptive-qualitative empirical research. It applies a socio-legal approach and case approach. Results demonstrate that child adoption without trial may breed the following legal consequences: misunderstanding what is permissible and what is not from an Islamic point of view, interfering with family relationships and their rights, and fueling disputes between family members. These legal consequences happen as adoptive parent candidates are not well educated attributed to procedures for child adoption. Child adoption is also mentioned in the Law of the Republic of Indonesia Number 39 of 1999. The government, state, parents, and society shall not neglect and are obliged to concern about children’s rights by endeavoring to make the legality of the child’s identity status in the form of a birth certificate citation document.]]>
<![CDATA[Problems and Obligations in the Division of Children's Inheritance According to Islamic Law ]]>
<![CDATA[Yulin Kamumu]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 2 November 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v2i2.1754
<![CDATA[Islamic law establishes the rules of inheritance in a very organized and just manner. When the right of ownership of property is established for every human being, both men and women in a legal way. Islam also stipulates the right to transfer ownership of a person after death to his heirs and all relatives of his family, without distinguishing between men and women, large or small. In writing this research, the method that the author uses is normative juridical research method with data sources using secondary data. the results of this study are still many people who do not know about Islamic inheritance law, so it is necessary to reflect fair inheritance law, namely by paying attention to the conditions that must be met before the distribution of inheritance in order to achieve happiness and justice. Because the principle of Islamic law is for the benefit of the people or rahmatan lil alamin, namely the grace to reach consensus and not ally in things that are not approved by God.]]>
<![CDATA[Illegal Fintech Lending (Review of Financial Services Authority Regulation Number: 77/Financial Services Authority.01/2016) ]]>
<![CDATA[Adnan Septian Ardhana]]>;
<![CDATA[Nur Mohamad Kasim]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1749
<![CDATA[This study discusses the effectiveness of the application of the OJK Number: 77 / POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study uses normative juridical research (normative law research). Normative juridical research refers to legal norms contained in legislation, Court decisions, legal theory and scholar's opinions and norms that exist in society. The approach used in the study is a normative juridical approach, then the approach taken in this paper is the approach to legislation, case approach and conceptual approach. In the study concluded that there are five (5) factors that cause the ineffectiveness of the application of this regulation are as follows; 1). Legal factors; 2). Law enforcement Factors; 3). Factors of law enforcement means; 4). Community factors; 5). Cultural factors.]]>
<![CDATA[Reconstruction of Article 280 Section 1 Law Number 7 of 2017 concerning Election ]]>
<![CDATA[Yusuf Hamzah]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 2 November 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i2.798
<![CDATA[This study aims to analyze the regulation of Article 280 paragraph (1) of Law Number 7 of 2017 concerning general elections by the Gorontalo Province Election Control Board. This research belongs to the type of sociological or empirical research with a qualitative research approach. The data analysis technique used in this research is using qualitative data analysis. The results of this study indicate that the form of regulation carried out by Election Control Board is through 2 (two) things, namely prevention which includes socialization to the community, political parties, government, related to early prevention of violations of Money Politics. and coordinate with related parties as well as take action against the alleged practice of Money Politics in the 2019 legislative elections covering the entire area of the Election Control Board of Gorontalo Province. The urgency of the ideal regulation of preventing the practice of Political Money in the Legislative Elections is 1). Revise article 280 paragraph (1) of Law Number 7 of 2017 concerning Elections by changing the redaction of the sentence “Executor, Participant or Campaign Team” to “Everyone”; 2). Implementation of political education to the public involving political parties, Election Control Board, Electoral Commission, Attorney General's Office, and the National Police; 3). As well as increasing the time for handling violations of Money Politics practices by the Election Control Board.]]>
