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Journal : GANEC SWARA

EFEKTIVITAS UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN KHUSUSNYA MENGENAI LARANGAN PENGGUNAAN TELEPON GENGGAM SELAMA PENERBANGAN BERLANGSUNG I KADEK ADI SURYA
GANEC SWARA Vol 16, No 1 (2022): Maret 2022
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v16i1.268

Abstract

Aviation is one of the means of transportation used by the community in meeting the needs of the traveling sector in cross-country and national and international traffic, air transportation is the main choice in traveling when the community has little time constraints to travel to the desired location, but in the world Aviation does not deny that there is an accident in flight, the causal factors are due to human error or human actions, weather conditions, infrastructure that is very outdated, but in the discussion of this study the author focuses on the causes of accidents in the world of aviation due to human error in this case using cell phones during the flight, although Law Number 1 of 2009 concerning Aviation has prohibited the use of cell phones during flights, the public and officers are still unable to access mobile phones. implementing these regulations due to a lack of knowledge related to the prohibitions contained in the Aviation Law, so that in this study the author uses a normative juridical research method where this research analyzes problems and points of view or according to the provisions of the applicable law or legislation. Normative legal research discusses legal doctrines or principles in legal science, with this method the authors are interested in discussing the effectiveness of Law Number 1 of 2009 concerning Aviation, especially regarding the prohibition of using mobile phones during flights
PERLINDUNGAN KONSUMEN AKIBAT KERUGIAN YANG DITIMBULKAN PENERBITAN BROSUR PERUMAHAN YANG DILAKUKAN PENGEMBANG I KADEK ADI SURYA
GANEC SWARA Vol 17, No 1 (2023): Maret 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i1.394

Abstract

The definition of promotion according to Article 1 number 6 of Law Number 8 of 1999 concerning Consumer Protection is the activity of introducing or disseminating information on goods and/or services to attract consumers' buying interest in goods and/or services that will be and are being traded. As we all know, brochures are one of the promotional media that are often used by businesses as a means to market a product or service. Usually brochures contain pictures and product descriptions that businesses want to market and usually product marketing through brochures is carried out in crowded places such as malls, streets or places that are deliberately provided such as exhibitions. Advertising through the brochure is also to attract consumer buying interest in the products being traded, in this case housing. However, behind the promotional activities using this brochure, there are many negative things done by the developer (developer), it is not uncommon for the public's trust to be misused by the developer. In making housing offers, it is not uncommon for the information provided by the developer to be too much so that it makes consumers very interested or maybe even confusing for the consumers themselves, the purpose of this research is to provide legal protection to consumers who are harmed by brochures promoted by developers that are not in accordance with the truth stated. If there is, then with the existing problems, this research uses normative legal research, which is a process to find a rule of law, legal principles, or legal doctrines to answer the legal issues at hand.
KAJIAN YURIDIS SYARAT-SYARAT PENUNDAAN PELAKSANAAN KEPUTUSAN TATA USAHA NEGARA DALAM SENGKETA TATA USAHA NEGARA I KADEK ADI SURYA; I WAYAN ANTARA; IDA BAGUS WIRYA DHARMA
GANEC SWARA Vol 17, No 2 (2023): Juni 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i2.431

Abstract

The purpose of the State Administrative Court is basically to protect the legal interests of the community from arbitrary actions or abuse of authority by the government, given the vast scope of government employment. The State Administrative Court is held to resolve disputes between the Government and its citizens, namely disputes that arise as a result of Government actions deemed to have violated the rights of its citizens. elements of the state law, so that in this study the aim is to find out in the process of delaying the implementation of State Administrative decisions in State Administrative disputes, then in research using normative legal research research methods which can be defined by a process to find a rule of law, legal principles, as well as legal doctrines to answer the legal issues at hand, the result of this research is that the conditions for requesting a postponement of the implementation of State Administrative Decisions can be seen from the provisions of article 67 of Law Number 9 of 2004 and Circular Letter of the Supreme Court No. or 2 of 1991 concerning instructions for the implementation of several provisions in Law Number 5 of 1986 concerning the transition of state administration. So that in postponing a State administrative decision it can be granted if it fulfills the following conditions: a). a request for postponement of the implementation of a State administrative decision can be filed simultaneously in a lawsuit, b) there is a very urgent situation which results in the interests of the plaintiff being greatly harmed if the state administrative decision being sued is still carried out and c). there is no public interest in the framework of development that requires the implementation of the decision.
AKIBAT HUKUM KEDUDUKAN ANAK DALAM PERNIKAHAN SIRI DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN I KADEK ADI SURYA
GANEC SWARA Vol 17, No 3 (2023): September 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i3.510

Abstract

The goal to be achieved in this research is to find out the legal consequences of the position of children in unregistered marriages according to Islamic Law and the Marriage Law. To understand the concept of unregistered marriage according to Islamic Law and the Marriage Law. In this study the authors used the normative juridical writing method, namely legal research conducted using statutory regulations.According to Islamic law, an unregistered marriage is considered valid because a marriage that meets the pillars and conditions of marriage will be considered valid. Siri marriages are considered invalid according to the Marriage Law, because they refer to the provisions of Article 2 paragraph (2) of the Marriage Law regarding registration of marriages. From the provisions of this article, it can be seen that the Marriage Law focuses on the validity of marriage on two elements, namely; Marriage must be carried out in accordance with the conditions and procedures determined by law (state law) and religious law. This means that unregistered marriages that are carried out only by complying with religious law are not valid from the point of view of state law.For the legal status of children from unregistered marriages, according to Islamic law, they are considered legitimate children according to religion, because the child was born in or as a result of a legal marriage. According to the Marriage Law, the status of the child is the same as a child out of wedlock and cannot be said to be a child in a legal marriage, therefore the child does not have a birth certificate. As a result, legally the child has no right to claim support, inheritance or guardianship rights from his father. However, children from unregistered marriages can obtain their rights in accordance with Constitutional Court decision Number 46/PUU-VIII/2010 as long as they can prove it.