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All Journal Jurnal Hukum Lex Generalis Equalita: Jurnal Studi Gender dan Anak Jurnal Poros Hukum Padjadjaran
Pertiwi, Adinda Putri
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Nursing Social Sciences

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THE ELIMINATION OF STATE ADMINISTRATIVE COURT’S AUTHORITY TO DECIDE POSITIVE FICTITIOUS DECISIONS AFTER THE AMENDMENT TO LAW NUMBER 30 OF 2014 CONNECTED WITH THE GENERAL PRINCIPLES OF GOOD GOVERNANCE Pertiwi, Adinda Putri; Rompis, Adrian E.; Nurzaman, R. Adi
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 1 (2023): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i1.1390

Abstract

Government agencies and/or officials carry out the task of administering the state using legal instruments, one of which is decisions. If within the allotted time a government official does not respond to the request filed against him, his silence is equated with a fictitious decision. The fictitious decisions that apply in Indonesia are positive fictitious decisions, implicitly contained in Article 53 paragraph (3) of Law Number 30 of 2014, namely the government's silence means a form of acceptance. A positive fictitious decision needs to be submitted to the Administrative Court to get an acceptance decision. After the UUCK, PTUN's authority to decide on positive fictitious decisions was abolished, so what are the legal consequences and whether this is in accordance with the AUPB. The research method uses normative juridical with statutory, case, and conceptual approaches. The results of the research show that PTUN does not have the authority to decide on a positive fictitious decision request due to the abolition of Article 53 paragraph (4) in UUCK, so that the settlement lies with government agencies. However, there is a disparity in the judge's decision regarding the authority of PTUN to decide on a positive fictitious decision request caused by two approaches, namely legalistic positivism and action. It is possible to enter a positive fictitious case by filing a lawsuit for unlawful acts by government agencies and/or officials. The abolition of PTUN's authority is not in accordance with AUPB, especially the principles of legal certainty, expediency, accuracy, and fairness.
Ketimpangan Representasi Stereotipe Perempuan Dalam Ruang Publik Sahyana, Anggi Fuja; Anggraini, Riska; Pertiwi, Adinda Putri; Karwati, Lilis
Equalita: Jurnal Studi Gender dan Anak Vol 5, No 2 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/equalita.v5i2.21294

Abstract

ABSTRACT: The purpose of this study is to examine various stereotypical representations of women in the public sphere. This research uses library research, as for the analysis method carried out, namely by selecting, comparing, combining, and sorting out relevant research results related to the inequality of stereotypical representation of women in public spaces, and then conclusions are drawn, so that relevance is found. The results of the research study show that women have begun to manipulate and actualize their role in various public spaces, the public spaces in question, namely politics and government, education and entertainment. Even in entertaiment the existence of females predominates compared to males. However, the reality is that women always get the advantage of actualizing themselves in various domains. Although women became dominant in the percentage of involvement of the entertaiment world, still public society gave a negative stereotypical representation for women as domestic beings who were only able to do homework, take care of children, serve their husbands, as objects of male sexuality, and figures considered weak, emotional, not credible and helpless.Keywords: women, gender, stereotypes, public
Peran Tes DNA terhadap Kedudukan Status Anak Li’an dari Hasil Perkawinan yang Sah Ditinjau dari Perspektif Hukum Islam dan Hukum Positif di Indonesia Rahayu, Tajqia Qalbu; Karwiyah; Pertiwi, Adinda Putri
Jurnal Hukum Lex Generalis Vol 3 No 2 (2022): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i2.181

Abstract

Divorce can occur due to allegations of adultery by the husband to his pregnant wife so as to relate to the status of his child. The husband's doubts can make him take Li'an's oath. DNA testing is commonly used for personal purposes such as the determination of guardianship of the child or the parent of the child and for a legal purpose. From the analysis, it is known that the status of the child due to Li'an's divorce according to Islamic law is the breakup of the relationship between father and son although it will be known that the child conceived by his wife is true, while according to the law is positive if there is evidence in the form of DNA tests that the child conceived by his wife is the right child of his husband, then nasab relationship with his father remains.
Co-Authors Karwati, Lilis Karwiyah Nurzaman, R. Adi Rahayu, Tajqia Qalbu Riska Anggraini, Riska Rompis, Adrian E. Sahyana, Anggi Fuja