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Review of Article 34 Paragraph (1) of the 1945 Constitution concerning Handling Abandoned Children (Case Study of the Labuhanbatu Regency Social Service) Fatwa Sari; Toni Toni
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3819

Abstract

Whereas abandoned children are children whose parents are unable to take responsibility and are unable to meet their basic needs due to economic factors, and the family is not harmonious. This type of research uses Juridical Empirical Research. While empirical juridical is a legal research method that looks at the law directly in looking at direct social facts that distinguish facts from norm values. Research Objects Labuhanbatu Social Service The research results if viewed from the Act Article 34 paragraph (1) that "the poor and neglected children are cared for by the State" in the sense that the Government has responsibility for the development and handling of neglected children. Furthermore, Article 28B Paragraph (2) which states "that the state is obliged to guarantee the right of every child to survival, growth, and develop, as well as the right to protection from violence, exploitation and discrimination. If it is seen from the issue of neglected children in the application of the article, it is still not optimal. Meanwhile, in handling abandoned children, the Labuhanbatu Social Service is still not optimal due to the limited impact of the Covid-19 outbreak for almost three years and the spread has not stopped. The Department of Social Affairs in this case tries to be maximal in handling neglected children with evidence of an emotional approach, in the form of data collection and fostering child survival.
Overview of the Granting of Marriage Dispensation for Minors (Study on the Determination of the Rantauprapat Religious Court Number 62/Pdt.P/2017/Pa.Rap) Siska Wahyuni; Toni Toni
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3817

Abstract

Marriage is something that is commanded by Allah SWT and the Messenger, in which there is wisdom, including being able to bring inner peace and prevent people from committing immorality. Underage marriages require a dispensation application submitted by the applicant/parents for a legal marriage requirement and supported by evidence of a rational application to convince the judge in giving consideration to the decision of the Religious Court. This research is based on case study normative law research by examining the Rantauprapat Religious Court Decision Number 62/Pdt.P/2017/PA.Rap. Types of Qualitative research. The results of the discussion on the dispensation of minors have the basis that they are allowed to marry in accordance with Article 7 paragraph (1) of Law no. 1 of 1974 states "Marriage is only permitted if the man has reached the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years. However, in the provisions of paragraph (2) of Law No.1 of 1974 states "In the case of deviations from paragraph (1) of this article, you can request a dispensation from the Court or other official appointed by both male and female parents. Dispensation for minors can be applied to the Religious Courts on the basis of strong arguments solely to make marriage a harmonious relationship in the survival of a household. In his judgment, the judge is right and correct in giving the decision on the determination of the dispensation of minors, in accordance with the guidelines of the applicable laws and regulations.
Review of Husband's Polygamy Permit (Study of Rantauprapat Religious Court Decision Number 778/Pdt.G/2021/Pa.Rap) Julia Asmini; Toni Toni
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3818

Abstract

Polygamy is a form of legal marriage if the terms and conditions are fulfilled in accordance with the laws and regulations. Where basically Islam allows for husbands to remarry (polygamy) as long as they can be fair. The Religious Courts Council has absolute absolute authority to examine, hear and decide every case. In consideration of deciding the case for a polygamy permit, the judge refers to the rules of the Qur'an, Hadith of the Prophet, Law No. 1 of 1974 amended Law No. 16 of 2019 concerning Marriage, Compilation of Islamic Law and legislation that can be used as a basis for deciding cases. As for the typeThis research is based on normative law research by way of a case study of the decision of the Rantauprapat Religious Court Number. 778/Pdt.G/2021/PA.Rap. This type of qualitative research is descriptive in which the research is to provide a detailed, clear and systematic description. Basis for consideration of the Panel of Judges in deciding the Polygamy permit in Case Number. 778/Pdt.G/2021/PA.RAP.Article 4 Paragraph (2) Explains "The court referred to in paragraph (1) of this article only gives permission to a husband who will have more than one wife if: a. the wife cannot carry out her obligations as a wife, b. the wife has a disability or an incurable disease, c. the wife cannot give birth to offspring”, and Article 5 Paragraph (1). In the Compilation of Islamic Law, Article 57 and Article 58 Paragraph (1). From the conclusion that the Judge of the Rantauprapat Religious Court in deciding it was in accordance with the legal basis in writing as the basis for adjudicating.
Analysis of Raharja Services Compensation Claims Related to Traffic Accident Victims (Case Study of the Office of PT. Jasa Raharja Persero Rantau Prapat Branch) Jodi Afrianto; Toni Toni
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4479

Abstract

PT. Jasa Raharja (Persero) only provides compensation costs to victims of traffic accidents in the category of accidents between drivers except for single accidents that do not receive compensation costs. As for the type of qualitative research with a qualitative descriptive approach, the data in the field is adjusted to the laws and regulations. The results of the research conclusions after being obtained from the research object of PT. Jasa Raharja (Persero) Rantau Prapat Branch have run the Insurance Program according to the rule of law and can provide good service to the community. Meanwhile, the regulations for claiming compensation for traffic accident insurance are regulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number. 16/Pmk.010/2017 Regarding Compulsory Compensation and Mandatory Contribution of Road Traffic Accident Funds, more detail is regulated in Article 4 Paragraph (1), (2), Article 4 and Article 5. Insurance against traffic accidents is very much considered by the Government.