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INDONESIA
PARENTAL
Published by Universitas Sebelas Maret
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Core Subject : Education,
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Articles 64 Documents
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PERKAWINAN BEDA AGAMA DIPANDANG DARI HUKUM ISLAM Handayani, Retno
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Penelitian ini bertujuan untuk mengetahui bagaimana perkawinan beda agama yang terjadi di Indonesia dilihat dari sudut pandang hukum islam. Jenis penelitian yang digunakan adalah penelitian normatif. Pendekatan yang digunakan adalah pendekatan undang-undang dan pendekatan kasus dengan bahan hukum primer berupa peraturan perundang-undangan dan bahan hukum sekunder berupa publikasi tentang hukum yang bukan dokumen resmi (website) yang berkaitan dengan isu hukum yang dikaji.
EFEKTIVITAS PENINDAKAN PELANGGARAN LALU LINTAS BERDASARKAN PASAL 265 AYAT (1) UNDANG – UNDANG NOMOR 22 TAHUN 2009 GUNA MENINGKATKAT KESELAMATAN LALU LINTAS DI SURAKARTA Setiawan, Nanang Heri
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

This study aims to describe how the effectiveness of Article 265 ( 1 ) of Law No. 22 of 2009 on Traffic and Road Force as a law enforcement efforts to improve Traffic safety is a factor in Surakarta legislation. Then, which factors can be influence effectiveness of Article 265 ( 1 ) of Law No. 22 of 2009. And, which effort can do for increase traffic accident at teenager.This research is a descriptive law. The author uses the type of empirical studies / sociology. Primary data were obtained from the data sources in the field, while the secondary data obtained from the books, materials and a bibliography of references that support research. The author uses data collection techniques such as field studies, literature studies, interviews.Based on the research results Article 265 ( 1 ) of Law No. 22 of 2009, not effective for increase traffic accident in Surakarta. The total number of violations are in 2010 year: 22.920, 2011 year: 46.170, 2012 year: 45.510. Factors that influence are legislation factor, law enforcement factor , factor means or facility law enforcement , community factors , cultural factors . Efforts are being made to improve the safety of Traffic Police in Surakarta is necessary to become a police community mempolisikan for himself , the dissemination of traffic safety pioneer of early to students , increase patrols at vulnerable , execute the operation or inspection of motor vehicles .
NIKAH SIRI DAN NIKAH KONTRAK DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Hapsari, Indira Acintya; Mahmudah, Rofiatul
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

This research attempts to find out the form of underhand marriage and contract marriage committed widely in Indonesia and also to know contract marriage in Indonesian positive law perspective.The research methode employed was normative law research because studies the positive law rule. This study uses primary data source in the Law verses of holly Quran, the book of law and the Civil Law Act 1 of 1974 about marriage. This Study uses methodological approach.It can be found that underhand marriage ispermissible under Islamic law perspective but the Indonesian positive law perspectiveunderhandmarriageiscontrary to theprovisions ofIndonesian laws.BecausetheIndonesian law, especially thatcontainedinLaw No.1of 1974onMarriage, terms of validity ofmarriageisone of themlistedaccording tothe rulesandregulationsapplicable. Marriagewith a termor commonlycalled thecontract marriageiscontrary to thephilosophy ofthe purposeof marriage. This is also supportedbythe positivelawprovision inthe agreementthat thevalidity ofone of them isbecause of thereasonthat is notillegal. While therelationship withmarriagecontracts, therelevant provisions"are not forbiddenbecause"not met. So thelegalmarriage contractcan not beaccepted as avalid agreement.
PENERAPAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 KE DALAM PUTUSAN HAKIM Nugroho, Raharjo Ari; Kusuma, Ageng Marta
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

AbstractThis research aims to find out the application of Article 9 of Act Number 23 of 2004 about the Domestic Violence Removal into the Judge of Religion Court’s verdict so that the judge’s verdict can fulfill the feeling of justice for the victim due to the domestic negligence action and to find out the factor causing the domestic violence, the form of which is negligence in household. This study belongs to a normative law research that is descriptive in nature. The data of research included primary and secondary data. The primary data was the main data of research. Meanwhile the secondary data was used to support the primary data. Techniques of collecting data used were library study and interview methods. The data obtained was then analyzed using an analytical descriptive method. The result of research showed that majority judges of Religion Court have not had sensitivity in deliberating their verdict by including the Domestic Violence Removal Act into legal deliberation in adjudicating the divorce case. In practice, the judges of Religion Court still rarely integrate such the act that is expected to minimize the domestic violent action. The benefit obtained from this research was that it gave a description about the problem studied and could be used as the input material to those experiencing and involved directly in this problem.
RESTORATIVE JUSTICE DALAM HUKUM PIDANA ADAT Mayastuti, Anti
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

The concept of restorative justice is one type of alternative sentencing in the criminal justice system in line with the purpose of criminal sanctions in accordance with the concept of customary law, restore the cosmic balance, a balance between the world born with the spirit world, to bring peace between fellow citizens or between community members and the community. Punishment must be fair, that is perceived as fair punishment either by the prisoner or by the victim and the community, thus disturbances, imbalances or the conflict will be lost. Alternative Punishment Theory of Restorative Justice is in accordance with the traditions, customs and culture of Indonesian society that has long developed and practiced in Indonesia through the representation of Indigenous Peoples lives in Indonesia, which is still showing its existence in the reality of the lives of the people of Indonesia through the great value "deliberation to reach an agreement".
STRATEGI PENGEMBANGAN EKONOMI ISLAM DI LEMBAGA KEUANGAN SYARI`AH "DINAR GROUP" Luthfiyah, Zeni
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Economic system of Sharia is considered to have a special market segment and promising, namely Muslims who constitute the majority of the Indonesian population. This system will be one of the efforts to realize the ideals of civil society, although still always appear conceptual debate about technical implementation, marketing of products, as well as in terms of reaching the position in economic policy at the state level.This study intends to expose about ways that do the practitioners of Islamic economics in the Group Dinar preach Islamic economic system and its institutions as well as efforts to build resilience in the face of challenges and constraints that accompany it. especially with regard to the pattern of relationship coaching is done by the management group of the branches, and the strategies used in the face of competition in the same sector including product adaptation services to the needs of customers in the environment.
KEKERASAN TERHADAP ISTRI DAN IDEOLOGI KELUARGA Suprobowati, Gayatri Dyah
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

This research aims to identify how women in this case the wife get experience in reality when the conflict with the law. Methods to be used is a qualitative research method with the data taken from the observation, interviews and focus group discussions with the Implementation of the victims of domestic violence. As a conclusion, need to follow the proper steps to eliminate discrimination against women in all matters relating to marriage and family relations on the basis of equality between man and women .
IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT DALAM UPAYA MENGENTASKAN KEMISKINAN (KAJIAN TERHADAP MEKANISME DAN KINERJA LEMBAGA BADAN PENGELOLA ZAKAT DI KOTA SURAKARTA) Adnan, Mohammad; Lutfiyah, Zeni; Rianto, Agus
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

AbstractThe existence of zakat institutions, there are Badan Amil Zakat Nasional (BAZNAS) and Lembaga Amil Zakat (LAZ), is one of the positive response of the government in implementation of zakat management in Indonesia.This research is an empiric research. The location of this research is in BAZNAS Surakarta, Solo Peduli Ummat Foundation and Lazis UNS. This research talks about the mechanism of zakat management in Surakarta starts with collecting until distributing, then about the charitable organizations programs and also about the relation between the organizations performance with the policy of Surakarta City Government in order to reducing poverty. The result of the research and the study show that there are variation and innovation in managing zakat from the zakat institutions in Surakarta start with collecting until distributing. Then the relation between the performance of Surakarta City Government and charitable organizations is very low. It is showed with there is no coordination from both of them that make no synergy of the programs in order to reducing poverty. It is only a few special programs from zakat institutions in order to reducing poverty in Surakarta for example is provision of capital. The use of funds is dominated by charity program or consumptive programs.Key words: Zakat, zakat institutions, distribution of zakat, reducing poverty.
ANALISIS MENGENAI NASAB DAN HAK WARIS ANAK HASIL PERKAWINAN BAWAH TANGAN (ANAK LUAR KAWIN) MENURUT HUKUM ISLAM Haq, Noor Arini; Ulya, Rosikhoh Umdatul
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

AbstractIslamic law had different views with positive law in terms of the definition lawful marriage. In islamic law, marriage said to be valid if has qualified and made it so pillars, so there are no additional terms as set forth in positive law (Act No. 1 of 1974 about marriage), as the marriage valid if the set that has been noted to the Institution of marriage Registrar. Difference in this view then impacted the setting will be the “nasab” (relationship) to the mating with her parents, and heir on the rights of the child marriage. Islamic law stipulates that children outside of marriage not only has “nasab” by her mother and her mothers family. The child is also not entitled to obtain the right heir of his father. Nevertheless, based on the ruling of the Constitutional Court No. 46/PUU-VIII/2010 children outside marriage can still obtain his rights along can be proven through medical and medical apparatus that dad in question is indeed his biological father realilty is.Keywords : Forbidden, children outside of marriage, inheritance
ANALISIS YURIDIS PENGAKUAN KEBERADAAN MASYARAKAT HUKUM ADAT DALAM UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL Hapsari, Regita Kurnia
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

AbstractThis research was conducted to obtain an overview of the legal recognition of indigenous peoples in the presence of Law Number 20 of 2003 on the National Education System. The Law materials are Law Number 20 of 2003 on the National Education System and some publications are assembled with national education system. Legal materials collected through document study further analyzed and interpreted into text that is the result of the analysis of the author. Discussion of the results showed education to guarantee the existence of indigenous communities as a form of restriction. Chapter after chapter in the Law Number 20 of 2003 on National Education System which contain customary communities ensure education for indigenous and tribal peoples, but his form is not flexible precisely because everything must not be contrary to the principle of state.Keywords: Indigenous people, National Education System

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