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EFEKTIFITAS ITSBAT NIKAH PASCA DIBERLAKUKANNYA UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI PENGADILAN AGAMA Rahmat Fauzi; Darda Pasmatuti
Ensiklopedia Social Review Vol 1, No 2 (2019): Volume 1 No 2 Juni 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i2.295

Abstract

Itsbat Nikah is a process of Marriage Registration for a marriage that has been carried out in Islam. Marriage registration is carried out in order to obtain a marriage certificate as proof of the validity of the marriage that has been done. The purpose of this research is to find out and analyze the effectiveness of marriage law after the enactment of Law Number 1 of 1974 in the Religious Courts from a juridical analysis perspective. The results of the analysis of research data on the rule of law are complete starting from the mandate of the Act. The main obstacle for the Religious Courts to be able to carry out their functions optimally in carrying out marriages against unregistered marriages is that there is no strong legal umbrella.
PERKEMBANGAN PENGERTIAN TINDAK PIDANA KORUPSI DALAM HUKUM POSITIF DI INDONESIA Darda Pasmatuti
Ensiklopedia Social Review Vol 1, No 1 (2019): Volume 1 No 1 Februari 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i1.285

Abstract

Corruption that occurs in developing countries, because there is abuse of power and authority carried out by officials or state officials. Abuse of power and authority can occur in developing countries, because the understanding of democracy is more interpreted and determined by thinkers in developing countries. Based on Law Number 31 of 1999 concerning Eradication of Corruption Crime which was amended by Law Number 20 Year 2001 concerning Amendment to Law Number 31 Year 1999 concerning Eradication of Corruption Crime, Article 2 and Article 3 defines corruption as follows: Anyone who intentionally violates the law, commits an act enriching himself or another person or a corporation that can harm the state's finance or the country's economy. Every person who aims to benefit himself or another person or a corporation, misusing the authority, opportunity or means available to him because of a position or position that can harm the country's finances or economy. Based on the interpretation of the provisions in the Law, corruption is categorized into two, namely corruption and criminal acts relating to criminal acts of corruption. The first categorization can be seen in the provisions of Article 5-Article 12 of Act Number 20 of 2001 in conjunction with Article 13-Article 16 of Law Number 31 of 1999. The second categorization can be seen in 21-Article 24 of Law Number 31 of 1999.
ANALISA TERHADAP PUTUSAN MAHKAMAH KONTITUSI NOMOR 46/PUU-VIII/2010 MENGENAI STATUS ANAK Darda Pasmatuti
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.077 KB) | DOI: 10.33760/jch.v3i1.9

Abstract

Marriage is a sacred part of life, because it must pay attention to norms and rules of life in society. But in reality, not everyone is so principled, with a variety of justifiable reasons that are reasonable and acceptable to society, marriage is often not appreciated for its sanctity. Marriage is a medium that will unite two people in a household. Marriage is the only unifying rite of two persons officially recognized in both state law and religious law.  Problem under study is to analyze the decision of Constitutional Court Number 46/PUU-VIII/2010 regarding the status of children, in this case the research method used is descriptive research that emphasizes the data in the form of narrative and argumentation of words and not on data in the form of numbers, numbers. Using the normative juridical approach of trying to learn every legal material that is related to the subject of the study and then comparing with the rules of legislation, theories and opinions of experts on the issues discussed. Test material submitted from Hj. Aisha Mochtar to the Constitutional Court regarding the provisions of Article 2 and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage of Article 28 B Paragraph (1) and (2) of the 1945 Constitution relating to the Rights of the Child and Article 28 D of the 1945 Constitution relating to the right of everyone to the recognition, guarantee, protection and certainty of equitable law and equal treatment in before the law. Article 2 of Law no. 1 Year 1974, related to legitimated marriage is marriage recorded at the institution of marriage. Meanwhile, Article 43 of Law no. 1 Year 1974, related to the status of children outside marriage. The test of the material is granted in decision No. 46/PUU-VIII/2010. Which will be discussed is the Decision Analysis of the Constitutional Court. Decision 46/PUU-VIII/2010 child status.
PELAKSANAAN PERJANJIAN ANTARA PDAM KOTA PAYAKUMBUH DENGAN PAMSIMAS KOTA PAYAKUMBUH Darda Pasmatuti
JCH (Jurnal Cendekia Hukum) Vol 4, No 2 (2019): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (245.857 KB) | DOI: 10.33760/jch.v4i2.134

Abstract

Water is a very basic need for humans, so in accordance with article 33 paragraph (3) of the 1945 Constitution, natural resources in the form of water must be managed and utilized as well as possible, the formulation of the problem was: with PAMSIMAS Payakumbuh City, What are the obstacles in implementing the agreement and what are the efforts to overcome the obstacles in implementing the agreement between the PDAM and PAMSIMAS ?, The research method was empirical juridical. The results showed that the implementation of the Agreement between Payakumbuh City PDAM and Payakumbuh City PAMSIMAS was implemented based on the Agreement that had been agreed upon by the two parties. The constraints in implementing the agreement were as follows: There was a delay in payment by the PAMSIMAS to the PDAM. Efforts made to overcome the obstacles in the implementation of the agreement between the PDAM and PAMSIMAS are by way of the two parties agreeing to settle by deliberating and consensus. In the event of a delay in payments by PAMSIMAS, the PDAM gives sanctions in the form of fines. The author's advice was: To implement the Agreement between Payakumbuh Municipal PDAM and Payakumbuh City PAMSIMAS as well as possible, pay water bill bills on time, so that PDAM Kota Payakumbuh's efforts in facing existing constraints, the implementation needs to be increased so that a balanced relationship is created with the Payakumbuh Municipal PDAM.