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INDONESIA
PARENTAL
Published by Universitas Sebelas Maret
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Articles 64 Documents
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LEGAL DRAFTING PERDES BAGI BADAN PERMUSYWARATAN DESA (BPD) CANGKOL DAN KRAGILAN -, Mulyanto -; Sudibyo, Bambang Joko
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

The purpose of community service is to improve the understanding and competence of the members of the BPD Cangkol and BPD Kragilan, MojoKragilan district, Sukoharjo village as the legislature in order to construct a village regulation especially their main duty formulation editorial article by article in the Regulation of the village according to the concept of legal drafting drafting legal products villages. In addition, to enhance their knowledge and skills in using information technology to facilitate records management regulations village. Method of implementation activities through legal drafting practice to dissect the anatomy of the village in particular Regulation formulation technique editorial article by article.Keywords: legal drafting, village, regulation.
KEDUDUKAN HUKUM PERKAWINAN ADAT DI DALAM SISTEM HUKUM PERKAWINAN NASIONAL MENURUT UU NO. 1 TAHUN 1974 Sembiring, Elsaninta; Christina, Vanny
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractMarriage is a natural human behavior. Humans were born, growing, mature , working , making a families and produce offspring. So marriage is a phase that will be experienced by people in general . Marriage occurs when two people of different sexes , that men and women are mutually bind themselves to live a life together in one household as husband and wife. Indonesia, which has a rich nation with diverse ethnic , cultural customs and led to the diversity of the Marriage Law is also based on the customs of each tribe are spread throughout Indonesia. Before having a national marriage law, Indonesia has had various legal rules pluralistic marriage . Birth of Law No. 1 of 1974 as a national marriage law unification bembawa certainly impact the Customary Marriage Law in Indonesia . Thus the authors will try to assess how the position of customary marriage law in the system according to the National Marriage Law Act Number 1 of 1974 .Keywords: Marriage, National Marriage Law, Customary Marriage Law
PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN POLIGAMI DI PENGADILAN AGAMA SURAKARTA (STUDI KASUS PUTUSAN NOMOR : 0373/PDT.G/2013/PA.SKA.) Aryati, Eva Nur; Ali, Muhammad Mukti
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractThis research aims to find out the reasoning of judges in decided the matter of polygamy in Surakarta Religious Court. This research includes normative research type which are prescriptive. The data of this research includes primary data and secondary data. Secondary data is the main data in this research. To collect secondary data used with literature study or documents study. Analytical techniques used are qualitative. The basic of this analysis is deductive, ways of drawing conclusions from things that are common to the direction of the things that are specific. Based on this research, can be concluded that the judge set aside the Article 4 paragraph (2) of Law Number 1 of 1974 which is the legal basis of facultative requirement in the case of polygamy. Judges apply the Article 5 paragraph (1) of Law Number 1 of 1974 as a cumulative requirement and using the benefit principle to accept the application of poligamy.Key words: Poligamy, Polygamy Requirements, Befenit
KEDUDUKAN WANITA SUKU BATAK TOBA YANG MELAKUKAN PERKAWINAN DENGAN PRIA SUKU DILUAR SUKU BATAK TOBA DALAM HUKUM ADAT BATAK TOBA Meisa, Relinda; Putri, Ririn
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractThis research aimed at women of a tribe to know it was toba who performs marriage outside of the tribe was with a guy tribe of toba in customary law was toba as well as a result of the marriage law.This research using research law normative.A kind of law a covering material law the primary and secondary material law.Legal material collected by looking for a study document then analyzed in deductively syllogism. A woman in the toba batak is aligned with men.Equality in terms of heirship and in performing legal action.In performing mating by male batak, outside of the tribe can inflict gord law.Marriage performed batak not a woman to man batak means she citizenry batak, removing custom because man from the outside cannot be batak continuer offspring batak.Mating with men outside the citizenry batak can eliminate customs batak but not eliminate the family woman with his family.Besides the child marriage is entered in customs tribe of her husband.The child is not entitled to the genera batak existing in her mother.But if the man, given genera hence the genera can be passed on to offspring.In it, heirship no effect because basically women have no inheritance.But also can be granted to a woman in compliance with agreement.Keyword: Notch woman, marriage
ANALISIS HAK PENCABUTAN KEMBALI ATAS HIBAH YANG TELAH DIBERIKAN ORANGTUA KEPADA ANAK DALAM HUKUM ISLAM (KAJIAN ATAS PUTUSAN MAHKAMAH AGUNG NOMOR : 78K/AG/ 2012) Bisyarati, Nurul; Rianto, Agus
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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ABSTRACTThis research aimed to find out how the law of gift withdrawal was according to Islamic heir law and the judge’s rationale in deciding the Supeme Court’s verdict Number 78K/AG/2012 about gift (hibah). This study was a normative law research that was prescriptive and applied in nature, using case approazh to the case of right ti withdraw the gift that has been given by the parents to child in Islamic Law. This study employed primary and secondary law materials. The technique of collecting law material employed was library study. The law material analysis was conducted using deductive method by explaining general item and then the particularly one, so that finally a conclusion could be drawn. In this study, the major premise was Islamic rule of law (Islamic Law Compilation), while the minor one was the Supreme Court’s verdict Number 78K/AG/2012. From the two premises, a conclusion could be drawn. Considering the result of research and discussion, it could be concluded that the law of gift withdrawal according to Islamic heir law was not been allowed expect for the gift from parents to their child. The article 212 of Islamic Law Compilasion mentioned that the parent’s gift to child could be withdrawn. The appealer could not show the judex factie guilt in applying the law. Thus, the Supreme Court’s deliberation could be justified, because the Judge had legal rationale or ratio decidendi that was juridical and non juridical in nature, that met the provisions of Law.Keywords : Withdrawal Righgt, Gift (Hibah), Islamic Law.
PROBLEMATIKA HUKUM PENJUALAN KEMBALI ASET YANG BELUM LUNAS PEMBAYARANNYA DALAM PEMBIAYAAN MURABAHAH Hastuti, Luthfiyah Trini; -, Samirah -
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractThis study aims to describe and examine two issues. Firstly, how the murabaha financing in Bank Muamalat Surakarta is. Secondly, how the legal status of the sale of assets that haven’t paid back yet in murabaha financing is. The research method used is a case study with a qualitative-descriptive approach. The scope is limited research focusing on the murabaha financing mechanisms as well as the legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta. Types and sources of data are using primary data and secondary data. Primary data contains the result of interviews with Bank Muamalat Surakarta, while secondary data was obtained from books, the internet, financial reports, and other sources. The results of this research is the occurance of murabaha financing which are divided into 3 parts. First of all, the process of submission financing reques, financing analysis process which consist of data collection, guarantee analysis that checks the validation of the guarantee, data verification juridical analysis which is the cheking validation of costumers credibility, and then performs the contract in front of the notary, and the financing process is a process for the disbursement and deposit guarantees. The inclusion of wakalah contract in murabaha in Bank Muamalat Surakarta is inappropriate with fatwa Dewan Syariah Majeleis Ulama Indonesia No.4/DSN-MUI/IV/2000 and Bank Indonesia Regulation No. 7/46/ PB / 2005 due to a wakalah contract made after murabaha contract was. Legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta is invalid when the client does not report, and immediately pay off early because there’s specific agreements has been made by the Bank Muamalat Surakarta with the client.Keywords: Financing Agreement, Murabahah, Murabahah Assets
Paradoks Globalisasi Sebagai Tegangan Abadi Universalisme Dan Relativisme Budaya Hak Asasi Manusia dalam Prespektif Antropologi Ensebu, Luna Brillyant; Amalia, Dina Fitra
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractThe application of human rights on a national scale, namely universalism and cultural relativism. On the one hand, universalism stated that there will be more culturally "primitive" that eventually evolved to the legal system and then have the same rights with Western culture. Cultural relativism on the other hand, say the opposite, namely that of a traditional culture can not be changed. Along with the advent of globalization is the spread of values, concepts, and laws from around the world to various parts of the world. Finally, globalization produces the paradox that one of the reasons the tensions between universalism and cultural relativism. Starting from the basic words of human rights in the minds of the followers of universalism as overcoming dimensions of space and time and then got skepticism by cultural relativists against improper human words with human words related to the complexity of the cultural uniqueness of the local culture which is the study of anthropology . Thus the authors will try to present Eternal Paradox of Globalization as Universalism and Relativism Voltage Cultural Dimensions of Human Rights in Anthropology.Keywords: Human Rights, Universalism, Cultural Relativism, Globalization Paradox, Anrtopologi
Kajian Gender Terhadap Undang-Undang Nomor 1 Tahun 1974 Dan Kompilasi Hukum Islam Menuju Pembaharuan Hukum Perkawinan Islam Di Indonesia ,, Zeni Lutfiyah
PARENTAL Vol 3, No 2 (2015)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractThis study aims to know what are the forms of gender inequality in the Marriage Law in Indonesia contained in Law No. 1 1974 And Compilation of Islamic Law, to obtain a conceptual and juridical alternative as a solution for the Islamic marriage law reform in Indonesia in line of demandof the dynamics of community.The types this study is a normative juridical studies, that is examines the legal normative clauses of a rule of positive law, using benchmarks doctrine / principle of Islamic law is the main means of basic conceptual formation, determination and assessment of Islamic law. This study uses normative methodological approach. Normative mainly used to analyze the legal formulations and harmony with each other and methodological mainly used to analyze the validity of the conceptual formulation of this law in front of the benchmarks used.The analysis used in the study is a normative legal analysis with engineering validation assessment. This analysis is done by examining normative research topic is then juxtaposed with the arguments and methods of Islamic law determination. It is also possible to do a comparison by examining many aspects, , terms, pillars, and other factors that can determine the legal status of this research topic.Keywords: Gender Studies, Human Right, Marriage, Islamic Law
PERAN DEWAN PENGAWAS SYARIAH DALAM PENGAWASAN OPERASIONAL BAITUL MAAL WAT TAMWIL (STUDI DI BMT ALFA DINAR KARANGANYAR) ,, Abdul Aziz; ,, Hisyam Faturrahman; ,, Nugraha Prihutama
PARENTAL Vol 3, No 2 (2015)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstrakAt the Baitul Maal wat Tamwil there Sharia Supervisory Board whose function is to oversee the various aspects of sharia in BMT operations and ensure that there is no deviation aspects of sharia in the BMT. Sharia Supervisory Boards role is so important in the BMT, since BMT is an Islamic Financial Micro Institutions. Thus the need for more oversight by the Sharia Supervisory Board in order to gain the trust of the public. On This paper aims want to examine and discuss and analyze the important role of the Sharia Supervisory Board contained in BMT, as well as any obstacles that become obstacles for the Sharia Supervisory Board in performing its duties and authorities.Keywords: Baitul Maal wat Tamwil, Sharia Supervisory Board’s role, islamic principles
PERKAWINAN DI BAWAH UMUR DALAM HUKUM ADAT BALI DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK ,, Loresta Cahyaning Lintang; ,, Rama Pramu Wicaksono
PARENTAL Vol 3, No 2 (2015)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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AbstractOne indicator of a rule or law is said to be good with legal certainty. Law No. 1 of 1974 on Marriage is one form of unification of law which is a follow up of the existence of legal pluralism with a variety of customary law that developed in the community. Purpose of Marriage Act is to create a society that is the rule of law and legal certainty for the people who are bound by marriage with the diversity of culture and the existence of customary law are still inherent in the culture in Indonesia. Where problems in the Marriage Act contained in the validity of underage marriage in Article 7 paragraph (1) and paragraph (2) of the Act 1 of 1974 that "(1) Marriage is only allowed when the man reaches the age of 19 (nine twelve) years and the woman has reached the age of 16 (sixteen) years, (2) In the case of irregularities in paragraph (1) of this section may request a dispensation to court or other official requested by both parents the man or the woman ". This condition is deviated by Act No. 23 of 2002 on Child Protection in Article 26 paragraph (1) letter c, which states that "Parents have the duty and responsibility to prevent marriage at the age of children". Revision of the Marriage Act is very necessary, especially regarding the dispensation of the court and marry the age limit given the confusion between the Marriage Act with Child Protection Act.Keywords: marriage, custom, child protection

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