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All Journal AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Jurnal Hukum Sehasen
Dwi Putra Jaya
Universitas Dehasen Bengkulu
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Hukum Sehasen

 1 
Dynamics of Marriage Law Number 01 of 1974 concerning Age Limits for Marriage (Study in the Community of Lubuk Linggau City) Solihin Solihin; Dwi Putra Jaya; M. Arafat Hermana
JURNAL HUKUM SEHASEN Vol 8 No 1 (2022): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v8i1.2458

Abstract

The objectives of this research are: a) To know the implementation of applying for a marriage dispensation in Lubuk Linggau City Community. b) To find out the factors that became the reason for the application for Marriage Despensation in Lubuk Linggau City Community. This research uses an empirical juridical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of people who are symptomatic in their lives, always interact and relate to social aspects, such as; economic, social and cultural aspects. The results of this study show; 1. The implementation of the application for dispensation for marriage is submitted by parents or guardians, through the stages and fulfilling the requirements determined by the Religious Courts, until following the trial until there is a decision by the Panel of Judges 2. Counting cases from 2018 to In 2020 there was an increase in the application for marriage dispensation, of which in 2018 there were 36 cases, in 2019 there were 43 cases and in 2020 there were 105 cases. The factors causing the increase in cases are pregnancy before marriage, weak religious education, cultural factors, economic factors, social media factors, fear of slander, changes in the age of marriage law. Of the many cases that were granted by the judge on the grounds that it would be avoided.
Analysis of judge's decision number 44/PDT.P./2023/PA.BN regarding dispensation of marriage due to pregnancy outside of marriage in the perspective of the Marriage Law Seli Lorenza; Ferawati Royani; Dwi Putra jaya; Hurairah Hurairah
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4912

Abstract

Marriage is a living union between a man and a woman which is formally confirmed by law, namely juridical and mostly also religious according to husband and wife goals and law. Article 103 states that husband and wife must be loyal to each other, help each other and help each other. The formulation of the problem in this study is how to apply and consider judges in deciding Decision Number 44/PDT.P/2023/PA.BN regarding marriage dispensation from a legal perspective. The legal research method used is normative, normative legal research (legal research) is a document study, legal marital status is one of the things that women especially want, considering that in marriage there are absolute rights for women and men that are guaranteed or protected. by the state based on applicable law. In Indonesia, the majority of marriages are carried out by minors. Marriage dispensation is necessary, but on the other hand there are also negative impacts, namely the existence of marriage at an early age or not old enough, it will increase the divorce rate and can increase the unemployment rate and abandoned children. There are several factors that influence the occurrence of underage marriages or the occurrence of marriage dispensation, namely economic factors, educational limitations, dropping out of school or not going to the same school, and social factors of marriage.
Legal Protection Of Wage Rights For Honorary Workers In The Perspective Of Indonesian Civil Law Sela Nopita Sari; M. Arafat Hermana; Dwi Putra Jaya; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 10 No 1 (2024): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i1.5993

Abstract

The existence of honorary staff can be said to be still needed and not needed. Because in reality, in carrying out service tasks in government, both in the central government and local government, most of them are carried out and carried out by honorary employees where they are appointed by each agency and Regional Work Unit (SKPD). The purpose of this research is to find out the Legal Protection of Wage Rights for Honorary Workers in the Perspective of Indonesian Civil Law. The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of research and discussion show that honorary or contract workers whose existence is rampant today both in the public sector or government agencies as well as in the private sector or business entities known as outsourching workers, ironically their existence is not massively protected and not strictly regulated by law in Indonesia. In fact, honorary or contract workers in Indonesia are implied in two categories. Based on the explanation above, there are several things, namely: 1. there is a legal vacuum (vacum of norm) on the protection of honorary or contract workers in Indonesia. 2. there must be a legal breakthrough on the settlement of wage disputes in honorary or contract workers. 3. civil procedural law as the foundation of formal law must be able to answer the problem of wage disputes of honorary or contract workers in Indonesia.
Juridical Review Of The Role Of Judges In Legal Discovery (Rechtvinding) According To The Principles Of Good Justice In Handling Cases (Civil) Widi Okta Pratama; Dwi Putra Jaya; Ana Tasi Pase
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7217

Abstract

Judges in examining and adjudicating cases, face a fact, that the written law is not always able to solve the problems faced, considering that the codification of the law, although it seems complete, is never perfect, because thousands of unexpected problems will be submitted to the judge. The purpose of this research is to find out the legal discoveries made by the settlement of cases (Civil). The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of the research and discussion show that the umbrella for judges in making legal discoveries has been regulated in Indonesian positive law, namely that judges are independent and independent, may not refuse to hear, and must make legal considerations for decisions by mentioning articles of legislation or unwritten law as the basis for judging, by applying the meaning of judging according to the law by not discriminating against people so that civil case decisions are produced in accordance with legal values and a sense of justice that lives in society. In order to produce a civil decision, the judge must rely on the evidence submitted by the parties to the dispute, because the truth sought in a civil case is the formal truth, namely the truth that is born on the basis of formal evidence from the parties to the dispute.
Co-Authors Ana Tasi Pase Ferawati Royani Hurairah Hurairah M. Arafat Hermana Sandi Aprianto Sela Nopita Sari Seli Lorenza Solihin Solihin Widi Okta Pratama