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Tri Bawono, Bambang
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Journal : Law Development Journal

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Legal Analysis of the Regulation of Legal Liability for Violations of the Law by Motorized Vehicle Owners Purwantono, Rivan Achmad; Gunarto, Gunarto; Tri Bawono, Bambang
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.344-357

Abstract

Based on the provisions of Article 14 in PP No. 18 of 1965 which regulates the liability of motorized vehicle owners in Indonesia, its implementation to date has not been fully realized. This is due to the complexity of the legal subjects responsible for the implementation of these provisions, which causes injustice to motorized vehicle owners. In certain situations, vehicle owners are not involved in an accident at all, as the vehicle is under their control. The core cause of this problem lies in the vagueness of the applicable regulations, which do not explicitly distinguish between individual and collective responsibility for traffic accidents. Therefore, research was sought to reconstruct the relevant norms, rules and regulations so that the implementation of Article 14 in PP No. 18 of 1965 can be carried out effectively. Several other regulations, including but not limited to Act No. 22 of 2009 and related regulations, have accommodated provisions regarding traffic law violations and accidents comprehensively. The results show that there was injustice for motorized vehicle owners because the accident did not occur when the vehicle was under their control. The arrangements in other regulations also indicated that the party who must be responsible for a traffic accident is the driver of the vehicle that caused the accident, regardless of his status as a vehicle owner or not. This phenomenon occurred due to the failure to clearly separate individual and collective responsibility for traffic accidents in the context of Article 14-PP No. 18 of 1965. In an effort to achieve balanced and accurate legal justice, it is necessary to revise and improve the relevant regulations to ensure a balance in the determination of responsibility in traffic accident cases.
Juridical Implications on the Implementation of Marriages What is not Recorded at the Office of Religious Affairs in the Conception of Legal Certainty Gultom, Maria Yosephine; Tri Bawono, Bambang
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.283-312

Abstract

Sirri marriages, which are often not registered under Indonesian positive law, create legal complexities that have the potential to harm the rights of the individuals involved, especially children. Even though in Islamic teachings, this kind of marriage is considered legal, Indonesia's positive legal perspective views it differently. This gives rise to a number of problems that threaten children's welfare, such as the lack of legal certainty regarding marital status, maintenance rights and inheritance rights. At the national legal level, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and regulations related to children's rights, such as Law No. 39 of 1999 concerning Human Rights, emphasize the importance of the protection and welfare of children. This research aims to identify and analyze the legal implications of unregistered marriages on the rights of the individuals involved, especially the rights of children. The focus of the research will be on legal certainty regarding marital status, maintenance rights and inheritance rights for children born from unregistered marriages. This research takes a normative juridical approach to examine positive criminal law regulations related to the criminalization of unregistered marriages, with a focus on the protection of wives and children. Using a legislative approach and a comparative approach, this research compares the legal rules of other countries to fill in legal ambiguities. Primary legal materials based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, and other related laws. Data collection methods include literature studies, documents and limited interviews to gain a deeper understanding. Data analysis was carried out using qualitative methods to produce a comprehensive understanding of the phenomenon studied. This research aims to contribute ideas and solutions that can be used in the context of positive criminal law regarding unregistered marriages to prevent harm to the family. The absence of marriage registration can also result in children born from the marriage experiencing difficulties in obtaining their legal rights. For example, the right to inheritance or the right to receive social assistance provided by the government. Without official proof in the form of a marriage record, these children may have difficulty proving their familial relationship with their parents. This can lead to injustice and difficulties in obtaining the rights they should get as Indonesian citizens. Thus, marriages that are not registered at the religious affairs office can have serious consequences for legal certainty, protection of individual rights, and family welfare as a whole. overall. Therefore, it is important for every married couple to ensure that their marriage is officially registered at the authorized office in accordance with the legal provisions in force in Indonesia.
Co-Authors Agus Finaningrum, Kiki Anis Mashdurohatun Artha, Yophinadiyyul Fauqalida Ashadiqi, Rafi Ayuningrum, Anggit Pramesta Wardani Deni, Rindu Rizki Permata Gultom, Maria Yosephine Gunarto Gunarto Manullang, Zulkifli Nurkhasanah, Aisyatun Pantano, Tony Rivan Achmad Purwantono Simbolon, Melati Meliana Sinaga, Hasudungan Sugiono Sugiono Syahruddin Syahruddin Tiyas Vika Widyastuti Trakta, M. Hendri Tri Normalita Putri, Ajeng Zahedi, Irwan