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Legal and Human Rights Review of The Implementation Of Prenuptial Agreements Based On The Principles Of Propriety, Fairness and Good Faith Nursyamsiah, Ayu; Daming, Saharuddin; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.573

Abstract

Prenuptial agreement one of the legal tools that can be used to defend the rights of husband and wife, they have opportunity to be open to each other, express opinions, agreed wishes and do not harm. Article 1338 of the Indonesian Civil Code and Article 1339 of the Indonesian Civil Code, are absolute in accordance with the principles of propriety, justice and good faith. Problem statement: stakeholders' views on the implementation of prenuptial agreements based on propriety, justice, good faith and human rights, and the principles of propriety, fairness and good faith can be applied in prenuptial agreements and their application in accordance with human rights standards. Type of research: empirical normative. Result: the implementation of the prenuptial agreement is carried out with due regard to propriety, fairness and good faith of the parties, it is not allowed to reduce and violate the rights of the other party, if that happens it can be submitted for cancellation to the court. The application of principles in accordance with human rights is by having equal opportunities to express needs in the prenuptial agreement properly, providing protection and justice to the couple, having good intentions respecting each other in good faith.
Juridical Protection For Consumers Using The Online Applications Iskandar, Orion; Al Afghani, M. Mova; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.576

Abstract

(P2P) Peer to Peer Lending Accessible over the Internet, lending is a programme that offers cash loan services. The Covid-19 outbreak that devastated Indonesia last year continues to have an impact on the people who are living in poverty given the present economic climate. Since the goal of this study is to identify various methods of consumer protection against legitimate online loans, how these efforts may be implemented to guarantee regulation-legislation, and how to assess the role of the in consumer protection. The information received under the Code of Commercial Law, Act No. 8 of 1999 on Consumer Protection, POJK No. 77/2016 on Information Technology-Based Money Loan Services, Law No. 11 of 2008, and Act No. 19 of 2016 on Electronic Information and Transactions, will thereafter be used. The governing parties' and their ranks' actions will determine how this all turns out, and they have a heavy burden of duty in being able to put a stop to this wrongdoing and save the rank with accurate information.
Sanctions for Criminal Acts Without the Right to Use Academic Degrees, Vocational Degrees and Professional Degrees According to Law No. 12 of 2012 concerning Higher Education (Study at the Supreme Court of the Republic of Indonesia) Nurhayati, Lilis; Hartini, Sri; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.653

Abstract

An academic degree is a degree obtained through a certain level of education, in a certain field as well. Examples of this academic degree are S, Pd for education, (S.T) for engineering, (S, Ag) for religion, (Dr) for health, and others. A vocational degree is a degree given to diploma-level graduates of vocational education or academies that produce expertise in a particular field from a university. Professional degree A professional degree is a degree given to graduates of professional education in a particular field of study from a university. The conclusion obtained from the research is that the inclusion of a false academic degree for a person for the sake of public recognition, that a person has a high educational background, which is indicated by a degree can be subject to criminal sanctions. The legislation regulates the prohibition of degrees used without rights by a person, this is in accordance with the formulation of article 28 paragraph (7) of law No. 12 of 2012 concerning higher education which reads "individuals who without rights are prohibited from using academic degrees, vocational degrees and / or professional titles. Keywords: Academic Degree, Vocational Degree and Professional Degree
Legal Protection For Customers As Consumers Of Motor Vehicle Insurance Services (Decision Study Number: 24 PK / PDT / 2017) Pangesti, Hayuning Dyah; Ratnawaty, Latifah; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.727

Abstract

Consumers of motor vehicle insurance services are entitled to legal protection under Decision Study Number 24 PK / PDT / 2017. Pangesti Hayuning Dyah NPM 191103011027. In the case that an insurance claim is denied by the insurance company without a good reason, the insured person's legal protection is crucial. This is done to make sure the insurance firm fulfills all of its responsibilities to protect the insured's rights. regarding the procedure for settling insurance claims. In light of the history mentioned above, there are various ways to formulate the problem, specifically: 1) Motor vehicle insurance policies that provide consumer protection. 2) the insurance company's form of liability under Decision Number 24 PK / PDT / 2017 for insurance claims. Normative legal research is the kind of research methodology to be used in order to address the problem formulation. The study's findings include consumer protection policies for auto insurance that are based on the Insurance Law, the Civil Code, and the PK Law. According to decision number 24 PK / Pdt / 2017, the form of insurance liability for motor vehicle insurance claims is, in the meantime, compensating the defendant in accordance with the filed insurance claim
Legal and Human Rights Review on The Policy Of Banning The Import Of Used Clothing Sobari, Ahmad; Daming, Saharuddin; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.970

Abstract

This study delves into the prohibition of importing second-hand clothing in Bogor City by the government based on Law No.7/2014 on Trade and Minister of Trade Regulation No. 51/M-DAG/7/2015. This ban aims to protect public health, support domestic industries, and reduce environmental impact. However, the implementation of this policy faces several challenges, including the inability of relevant agencies to monitor and crack down on imported second-hand clothing traders in Pasar Anyar Bogor. Factors such as limited authority, lack of coordination among agencies, and a societal culture that glorifies imported goods hinder the enforcement of the ban on imported second-hand clothing. Despite the numerous benefits of the ban, such as safeguarding public health and supporting local industries, its implementation is obstructed by various inhibiting factors. Therefore, enhanced supervision, law enforcement, market diversification, and international cooperation are necessary to improve the effectiveness of the ban on imported second-hand clothing policy to benefit public health, domestic industries, and environmental sustainability
Law Enforcement Against The Criminal Acts Of Human Trafficking In Contractual Marriage Wirajaya Hartana, Muhammad Kahfi; Hartini, Sri; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.1068

Abstract

This research is motivated by the large number of perpetrators of human trafficking crimes committed by prostitution in contract marriages, this incident was carried out in Puncak Cisarua Bogor between Foreign Citizens and Indonesian Citizens. This is done in order to gain benefits for both the victim and the perpetrator, the results of which will be divided in two, this action is often carried out by someone either for primary income or additional income. This study aims to determine how the law is enforced for the crime of human trafficking in contract marriages and how the judge's decision is considered against the crime of human trafficking in contract marriages. This study uses a qualitative method, namely based on data obtained and reviewed systematically, systematically and statistically based on data that has been obtained from the decision. In the trial process, evidence, facts and everything related to the case of human trafficking in contract marriages will be tested with the aim of determining how someone is motivated to commit the act and how the law is enforced and whether the perpetrator receives a commensurate punishment in accordance with Law of the Republic of Indonesia No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Based on the results of the research in the case study, the verdict shows that the defendant O. Nurmalasari Alias ​​Ebeh Alias ​​Enur Binti Ahmad is guilty of committing the crime of human trafficking as stated in the provisions of Article 2 Paragraph (1) and (2) of Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Therefore, the results of the verdict state that the perpetrator is proven guilty and is sentenced to a criminal penalty of 4 (four) years in prison with a fine of Rp. 150,000,000 (One Hundred and Fifty Million Rupiah) subsidiary to 4 (four) months in prison.
The Effectiveness Of The Minimum Age Limit For Marriage In Addressing The Increase Of Child Marriages In Bogor District Based On Law Number 16 Of 2019 (Study At Cibinong Religious Court) Buchori, Muhammad Azril; Ratnawaty, Latifah; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.1200

Abstract

The Effectiveness Of The Minimum Age Limit For Marriage In Addressing The Increase Of Child Marriages In Bogor District Based On Law Number 16 Of 2019 (A Study At Cibinong Religious Court), Muhammad Azril Buchori Npm: 201103010310.This research aims to evaluate the effectiveness of Law Number 16 of 2019 in addressing the increase of child marriages in Bogor District, considering the phenomenon of increased applications for marriage dispensation following the enactment of Law Number 16 of 2019. This study is a legal research employing an empirical normative approach. The method used is qualitative, with data collection through in-depth interviews with judges from Cibinong Religious Court and analysis of relevant documents.The research findings indicate that Law Number 16 of 2019 has not been effective in addressing the increase of child marriages in Bogor District. There has been a significant increase of 50% in the number of applications for dispensation of underage marriages at Cibinong Religious Court post-enactment of Law Number 16 of 2019. Internal factors contributing to this include proximity between couples, premarital pregnancy, and inadequate family supervision. External factors include narrow religious interpretations, low educational attainment, influence of technology and media, economic pressures, and diverse geographic conditions.
Socio-Legal Review Of The Environmental Approval For The Construction Of Water Tank Of Regional Water Company Tirta Asasta Depok City Yusron, Muhammad; Al Afghani, M. Mova; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1446

Abstract

The environment, as a gift from God Almighty for the people and nation of Indonesia, is a space for life in all its aspects and dimensions in accordance with the insight of the archipelago. Article 67 of Law No. 32/2009 on Environmental Protection and Management states that “Everyone is obliged to maintain the preservation of environmental functions and control pollution and/or environmental damage”. In Indonesia, environmental issues are a problem in almost all regions. Based on data from the website of the Ministry of Environment and Forestry of the Republic of Indonesia, the Directorate of Environmental Dispute Resolution (PSLH) throughout 2023 has pursued 11 environmental cases that were successfully resolved through the court and 19 cases that were successfully resolved out of court. One of the cases occurred in the Depok City area in 2023, namely the construction of a water tank with a capacity of 10 million liters initiated by the Tirta Asasta Regional Water Supply Company of Depok City. The water tank was built to fulfill the supply of clean water, but the problem was that the construction of the water tank was carried out in a densely populated area adjacent to a number of schools and houses of worship. In addition, in the construction process, residents mentioned that the project implementer did not socialize the project to residents and although it already has a building construction permit (IMB), this project only has Environmental Approval in the form of an Environmental Management Statement Letter (SPPL). Based on this, the residents rejected the construction of the water tank and sued the licensing of the project to the Bandung State Administrative Court. The purpose of this research is to find out the regulations regulated by law regarding the provisions for issuing Environmental Approval and to find out the implementation of Environmental Approval and the solutions that can be provided to local residents if there is a problem with the water tank building of PDAM Tirta Asasta Depok City.
Factors Causing Increasing Matters of Marriage (Case Study of Cikarang Religious Court) Wicaksono, Fadillah Haryo; Ratnawaty, Latifah; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1450

Abstract

The itsbat marriage process is a formal request to validate a marriage, specifically for unregistered marriages that require legal recognition. Conducted in the Religious Court, itsbat marriage is pursued for various reasons and driven by multiple factors. This study explores the factors contributing to the rise in itsbat marriage cases in the Cikarang Religious Court from 2018 to 2024. A qualitative research approach was employed, combining empirical normative perspectives to connect relevant legal theories to the subject of this study. The research identifies two main questions: the reasons for the increase in itsbat marriage cases at the Cikarang Religious Court and the judges' considerations in relation to this increase. The study finds that the rise in itsbat marriage cases from 2018 to 2024 stems from internal factors, such as the need for official documentation, legal certainty for children’s status, and inheritance rights. External factors include a lack of public awareness regarding the importance of marriage registration with the Office of Religious Affairs (KUA) and previous administrative limitations that left marriages unregistered. Judges' considerations in itsbat marriage cases incorporate the principle of maslahah mursalah, prioritizing public benefit and justice to protect individual rights and provide legal clarity.
Review Of Law And Human Rights Regarding The Granting Of Dispensation In Minor Marriage Liatunisa, Hilda; Daming, Saharuddin; Ratnawaty, Latifah
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1451

Abstract

Marriage is a way for individuals to bind themselves to another person in a sacred bond. Essentially, adults marry because they are considered mentally mature and ready, both physically and emotionally. Article 7, paragraph (1) of Law Number 16 of 2019, which amends Law Number 1 of 1974, stipulates that men and women may marry when they reach the age of 19. According to paragraph (2), if they marry before reaching this age, the parents of the husband or wife can request an exception from the court. Essentially, the regulations in Indonesia do not specify the reasons or characteristics of children who are granted the freedom to marry, so it is the judge who decides whether the child is entitled to such freedom. The purpose of this research is to examine the factors and reasons for someone to apply for a marriage dispensation for underage children, the legal consequences if the child is granted the dispensation, and to understand the considerations of the judge in granting the marriage dispensation for underage children. The research used in this thesis is normative juridical research, which is conducted by studying laws, legal doctrines, and legal principles. This research can be conducted using a document analysis method, which is a normative juridical research method carried out by reviewing laws, legal doctrines, and legal principles. This research can be conducted through a document analysis method, which is a normative jurisprudence research method that involves examining laws, jurisprudence, and legal principles. However, the reasoning remains consistent, and the judge's opinion is neutral and consistent, which is to release while drawing benefits and not causing harm. In the category of adults, the judge also relies on Islamic law, which uses a person's intellect and puberty to be counted as an adult. It is hoped that the government will issue regulations that outline the characteristics or basis for someone to apply for a court exemption.