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FUNGSI HAKIM DALAM MENDORONG TERWUJUDNYA MORAL JUSTICE DALAM PERSPEKTIF ISLAM Hamza Baharuddin
Masalah-Masalah Hukum Vol 43, No 1 (2014): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.895 KB) | DOI: 10.14710/mmh.43.1.2014.67-75

Abstract

Haakim word in the dictionary which means the Arabic philosopher who describes a person who in any situation always think reflect any policy of divine creation to reap the wisdom of all creations. Judge glorified, are judges who reflect his profession as a judge, reflect on each step, contemplate every decision to be and that has dropped. Because of the decision that one's fate is at stake. Philosophical foundation of ontology justice reflect the thought process of moral justice in hasanah quranic justice filosofical.
Juridical Analyst Supervision Function of the Notary Supervisory Board in the City of Baubau D Andara; Soekarno Aburaera; Hamza Baharuddin
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.988 KB) | DOI: 10.35326/gerechtiheid.v1i1.538

Abstract

Notaries as public officials who carry out the profession in providing legal services to the public, need to get protection and guarantees in order to achieve legal certainty. This study aims: (1) To determine the implementation of notary supervision conducted by the Notary Regional Supervisory Board in the City of Baubau (2) To determine the factors that influence the implementation of notary supervision by the Regional Notary Supervisory Board of the City of Baubau. This study uses an Empirical Juridical approach that seeks to link prevailing legal norms with reality in society, the authors conduct research with analytical descriptive research that is to reveal the real problem or situation, to reveal the facts of the research so as to provide an objective picture. The results of the study show that (1) The implementation of notary supervision by the Notary Supervisory Board in the City of Baubau by making efforts to guide, supervise the notary, that supervision as a preventive and curative activity, preventive activities carried out are activities that include authority administrative, regulate procedural procedures and notary protocols, while curative regulates the taking of suspected violations. (2) Factors influencing the implementation of notary supervision by the Regional Supervisory Board of Baubau City, namely in carrying out their functions and duties, human resources are not yet maximal, supporting infrastructures are still limited, budgets are still very minimal, coordination between management is still low. weak, lack of legal awareness from several notaries, especially administrative order.
The Legal Sure of Marriage Itsbat Towards The Status of Marriage (Study of The Decision of The Takalar Religious Court) Hudalinnas h; Syamsuddin Pasamai; Hamza Baharuddin
Gerechtiheid Law Journal Vol 1 No 2 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.28 KB) | DOI: 10.35326/gerechtiheid.v1i2.814

Abstract

The marriage ceremony is one of the government's efforts to provide services to people who do not yet have a marriage certificate to register their marriage again, so that they have legal certainty for their marital status. This research was conducted with the aim of knowing the implications that arise after the marriage ceremony by the judges at the Takalar Religious Court and to determine the factors that encourage husband and wife to propose marriage certificate. The method used in this research is the normative juridical method through two approaches, namely the statute approach and the case approach. The reason for using this method is because legal research is a process to find legal rules. The results showed that the implication of marriage status on marital status is related to the principle of legal certainty, namely by the existence of marriage, which was previously carried out, namely marriages that were not recorded by the Registrar of Marriages, making the marriage have legal certainty, meaning that it is in accordance with the legal objective, namely to regulate order. society in a peaceful and just manner and the marriage becomes legal. Itsbat nikah provides a foundation of certainty on the validity of the status of the child born. Meanwhile, the legal certainty of the status of marriage regarding the status of marital assets becomes clear about the ownership of joint assets.