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All Journal Law and Justice DIKTUM: Jurnal Syariah dan Hukum Jurnal Ilmiah Penegakan Hukum The Indonesian Journal of International Clinical Legal Education Istinbath : Jurnal Hukum Jurnal Hukum Pelita Hukum dan Politik dalam Berbagai Perspektif Journal of Law and Legal Reform
Nugraheni, Prasasti Dyah
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS Nugraheni, Prasasti Dyah
Law and Justice Vol 4, No 2 (2019): Law and Justice Volume 4 No 2 2019
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v4i2.8015

Abstract

                                                                               Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
A, The LEGAL ANALYSIS OF LEGITIME PORTIE FOR CHILDREN IN INSIDE AND OUTSIDE LEGITIMATE MARRIAGE IN CIVIL CODE (BURGERLIJK WETBOEK) Nugraheni, Prasasti Dyah
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.492 KB)

Abstract

The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie). Keywords: Legitime portie, absolute part, heirs, children The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie).
Legal Analysis of Shareholders as an Organ of The Company Viewed From Commercial Code Nugraheni, Prasasti Dyah
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.9808

Abstract

This paper aims to explain the authority possessed by the members of Shareholders in the Articles of Association. In Articles of Association of Limited Liability Company, it contains regulations governing an operational activity that will become the purpose of Limited Liability Company. The Articles of Association have compelling and binding nature for all members of Shareholders, all members of the Board of Commissioners, and all members of the Board of Directors. Members of Shareholders are an organ owned by Limited Liability Company whose authority owned by all members of the Board of Commissioners and all members of the Board of Directors. One of the authorities possessed by the members of Shareholders is to appoint the members of the Board of Commissioners and members of the Board of Directors. In this paper, the author used research methods of normative and juridical, meaning that the writing method is carried out by analyzing secondary legal materials or library materials to find solutions to problems of legal problems arising and to use a problem approach based on laws or legal rules in general about the powers of the shareholders that apply to such event and approach the problem based on a conceptual basis. The results show that the position of the shareholders is not higher than and even equal to the position of the Board of Commissioners and Board of Directors. Whereas in the Indonesian Commercial Code, it stipulates that the position of shareholders is the highest in a Limited Liability Company.Keywords: Authority of Shareholders; Company Law Number 40 of 2007; Limited Liability Company
The New Face of Cyberbullying in Indonesia: How Can We Provide Justice to the Victims? Nugraheni, Prasasti Dyah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43153

Abstract

In fact, several cases of cyber oppression have increased recently as a result of internet penetration in Indonesia. Ordinarily, cyberbullying happens to celebrities and ordinary people. Ordinarily, some cases occur with suicide. As a result, based on this phenomenon, it is important to prevent forms of cyberbullying on social media, both for victims and perpetrators. Consequently, using case studies and observations, this research examines several social media services, such as Facebook, Path, Twitter, and Instagram. Accordingly, to Willory forms of cyber cyberbullying in Indonesia are harassment, defamation, identity plagiarism, fraud, and cyberstalking. Crimes in cyberspace in Indonesia, nevertheless, have three other objects besides individuals, namely cyber oppression to certain regions, religions, and institutions.
The New Face of Cyberbullying in Indonesia: How Can We Provide Justice to the Victims? Nugraheni, Prasasti Dyah
The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i1.43153

Abstract

In fact, several cases of cyber oppression have increased recently as a result of internet penetration in Indonesia. Ordinarily, cyberbullying happens to celebrities and ordinary people. Ordinarily, some cases occur with suicide. As a result, based on this phenomenon, it is important to prevent forms of cyberbullying on social media, both for victims and perpetrators. Consequently, using case studies and observations, this research examines several social media services, such as Facebook, Path, Twitter, and Instagram. Accordingly, to Willory forms of cyber cyberbullying in Indonesia are harassment, defamation, identity plagiarism, fraud, and cyberstalking. Crimes in cyberspace in Indonesia, nevertheless, have three other objects besides individuals, namely cyber oppression to certain regions, religions, and institutions.
Environmental Law Enforcement in Indonesia Through Civil Law: Between Justice and Legal Certainty Nugraheni, Prasasti Dyah; Aime, Andrianantenaina Fanirintsoa
The Indonesian Journal of International Clinical Legal Education Vol 4 No 2 (2022): Access to Justice: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55763

Abstract

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.
Law Reform of Insider Trading and Market Manipulation in Legal Offer (Go Public) Process Adhi, Yuli Prasetyo; Nugraheni, Prasasti Dyah; Sulistianingsih, Dewi; Rachmitasari, Diani Indah; Ma’ruf, Amar
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20117

Abstract

The initial legal offering process or Public Company is the process of offering various securities in the shape from various shares owned by the Company to investors. The process from selling various securities in the shape from various shares owned by the Company consists of the process from offering various securities in the shape from various shares for investors, the process from giving various securities in the shape from various shares, which have been adjusted by orders from investors, and the process of listing the various securities in the shape from shares that have been sold on the stock exchange. Besides, the stage of selling various securities in the shape from shares owned by the Company consists of the stage from initial pertaining to the preparatory process for the sale of various securities in the shape from shares owned by the Company, the stage of registration application pertaining to Capital Market Supervisory Agency as institution whose task is for regulate and supervise activities in the capital market sector, the stage from share offering pertaining to investors, and the stage of listing from shares pertaining to the stock exchange market an institution whose job is to trade various securities in the shape from various shares owned by a Company to investors. In writing this article, the author uses the normative-juridical research method, which is a research method that is carried out using various sources of library law or secondary sources of law to find solutions to existing legal problems.
Efek Efek Kausal Pada Aturan Permohonan Dispensasi Kawin: Tinjauan Sistematis dari Literatur, Hukum, dan Kebijakan (Studi Putusan Nomor: 13/Pdt.P/2020/PA.Bgi) Nugraheni, Prasasti Dyah
Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i2.2623

Abstract

This paper contains legal issues arising from the promulgation of the Supreme Court Regulation Number 5 of the Year, which is a legal substance derived from Law Number 16 of 2019. The research method used in this paper is normative legal research which is carried out using secondary data. or library data. Das sollen, as an implication of the new regulation, creates a potential that makes applications for dispensation of marriage wide open. This is evidenced by the existence of a court decision, one of which is Decision Number: 13 / Pdt.P / 2020 / PA.Bgi., Which makes giving dispensation to marriage for those who are not yet old enough, on the basis of consideration of fulfilling administrative requirements, which are in accordance with the provisions of Article 7 paragraphs (1) and (2) of the Marriage Law jo. Article 6 (e) Government Regulation Number 9 of 1975. Therefore, it is very necessary to make new statutory provisions, which are limitative in nature, so that, it is hoped, can minimize deviant practices of the provisions regarding the marriage age limit for women and men who want to get married but not old enough.
Perlindungan Hukum dan Mekanisme Penyelesaian Sengketa Penanaman Modal Bagi Penanam Modal Asing di Negara Indonesia Nugraheni, Prasasti Dyah; Rahayu, Sang Ayu Putu
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5837

Abstract

The writing of this scientific article has various objectives, which describe the regulation of legal protection for Foreign Investors in Indonesia, a guarantee of legal certainty for Foreign Investors in Indonesia, and the dispute-resolution process between the Indonesian Government and Foreign Investors in Indonesia. The writing of this scientific article uses a type of research that is normative juridical with data collection techniques in the form of qualitative literature studies that will be studied legally and normatively following various regulations and various existing legal facts. The results of writing this scientific article, are as follows the regulation of legal protection for Foreign Investors in Indonesia is regulated in Article 6-Article 8 of Law Number 25 of The Year 2007 concerning Investment, the guarantee of legal certainty for foreign investment in Indonesia can be realized by improving and increasing the quality of infrastructure facilities, commodity facilities, democratic conditions, investment risks, and political stability in Indonesia, and the dispute-resolution process between the Indonesian Government and Foreign Investors in a foreign investment activity in Indonesia can be resolved through a process of consensus and international arbitration following the agreement between the Indonesian Government and Foreign Investors
Sanksi Korporasi Pencemar Lingkungan dan Perlindungan Pejuang Lingkungan Hidup di Indonesia Aryanda, Avilla Deva; Putra, Muhammad Reza Wahyu Artura; Nugraheni, Prasasti Dyah; Sulistianingsih, Dewi
Bookchapter Hukum dan Politik dalam Berbagai Perspektif Vol. 3 (2024)
Publisher : Bookchapter Hukum dan Politik dalam Berbagai Perspektif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/hp.v3i1.199

Abstract

Pemerintah Indonesia era Presiden Soeharto s.d Presiden Jokowi membuka keran investasi secara besar-besaran. Investasi yang masuk dengan pembangunan perusahaan atau korporasi diharapkan akan membawa dampak penyerapan tenaga kerja dan menurunkan angka pengangguran. Selain itu, tujuan investasi baik melalui domestic direct investment / foreign direct investment akan menambah pendapatan negara yang menjadikan negara yang mulanya negara berkembang menjadi negara maju. Sayangnya investasi / korporasi yang digadang oleh pemerintah banyak padat modal, tidak bisa secara signifikan mengurangi pengangguran, dan malah banyak menimbulkan dampak pencemaran dan kerusakan lingkungan. Mulai pembebasan lahan untuk groundbreaking, pembangunan perusahaan, aktivitas perusahaan, dan limbah perusahaan selain berdampak bagi lingkungan juga berdampak bagi masyarakat. Sejatinya korporasi yang mencemari lingkungan dapat dikenakan pidana dan tuntutan pemulihan lingkungan. Namun seringkali korporasi lolos dari tanggung jawab tersebut mungkin saja karena minim pengawasan dan tidak beraninya pemerintah memberi ketegasan sanksi. Masyarakat yang menyuarakan hak terhadap lingkungan yang sehat dan baik dengan protes kepada pemerintah / perusahaan pencemar lingkungan juga tak jarang mendapatkan kriminalisasi dengan tuduhan menghalang-halangi investasi dan aktivitas perusahaan. Tulisan ini akan membahas bagaimana aturan mengenai sanksi korporasi pencemar lingkungan, aturan pemulihan lingkungan dan bagaimana perlindungan pejuang lingkungan hidup di Indonesia.
Co-Authors Aime, Andrianantenaina Fanirintsoa Aryanda, Avilla Deva Dewi Sulistianingsih Ma’ruf, Amar Powers, Madeleine Rose Prameswari, Larasati Putra, Muhammad Reza Wahyu Artura Rachmitasari, Diani Indah Rahayu, Sang Ayu Putu Rini Fidiyani Sudijono Sastroatmodjo, Sudijono Yuli Prasetyo Adhi