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All Journal Jurnal Ilmiah Hukum LEGALITY Syntax Literate: Jurnal Ilmiah Indonesia Khairun Law Journal Syntax Idea Hermeneutika : Jurnal Ilmu Hukum Journal of Social Science KHAIRUN LAW JOURNAL Jurnal Indonesia Sosial Sains Journal of Global Pharma Technology Journal of Social Science

Suwarti Suwarti

Faculty Of Law, Universitas Khairun Ternate, Ternate, Indonesia

Author-ID : 3822723

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Articles

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Implementation of Imbalance in Food Purchase Transactions in the City of Tidore Tasqinnur Mansur; Wahda Z. Iman; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

The Position of Childless Widows as Heirs to Husband's Inheritance (Comparative Analysis of Islamic Law Compilation and Civil Inheritance Law) Sittihajar Muhammad; Suwarti Suwarti; Baharuddin HI
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Legal Analysis of Children as Victims of Sexual Violence Rini Angriani; Syawal Abdulajid; Suwarti Suwarti
Journal of Social Science 380-394
Publisher : Syntax Corporation Indonesia

This study aims to analyze the factors that cause children to become victims of sexual violence committed by perpetrators of crimes and obstacles in providing legal protection for children as victims of sexual violence. The applied research method is normative legal research, leading to the identification of legal rules, principles, and doctrines in response to the legal problems faced. The scientific approach in this study is based on the disciplines and working principles of normative legal science, focusing on the analysis of law itself. The results of this study show that legal protection measures provided for victims of underage sexual relations and rape in the criminal justice system are carried out through preventive and repressive approaches, both by the community and the government (through law enforcement officials), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance, examination and judicial process. This research has significant implications in identifying the triggering factors of sexual violence against children and challenges in their legal protection. The normative legal research approach not only provides insight into relevant legal aspects, but also explores legal principles and doctrines to formulate solutions to these problems.

Analysis of Interfaith Marriage Law in the Marriage Law and Law Number 23 of 2006 concerning Population Administration Perspective Idham Payapo; Wahda Z. Imam; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Fulfilment of Women Prisoners’ Rights (Case Study of Class II B Penitentiary in North Maluku) Sri Mardiana Joisangadji; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the fulfillment of the special rights of female convicts in the Class II B Penitentiary of North Maluku Province and examine the obstacles and efforts faced by the North Maluku Class II B penitentiary in the process of fostering female convicts. The research method used in this study is a type of empirical legal research. Empirical legal research is to study the legal situation or facts obtained in people's lives. This type of research is often referred to as Socio Legal Research. In empirical legal research, what is initially studied is secondary data which is then followed by research on primary data in the field. The fulfillment of the special rights of female prisoners in the Class II B Penitentiary of North Maluku Province is explicitly regulated in Article 14 paragraph (1) jo Article 9 of Law Number 22 of 2022 concerning Correctional Services, it is expressly stated that the convict has the right such as to worship in accordance with his religion or beliefs, receive both spiritual and physical care, receive education and teaching, get health services and eat properly, and filing a complaint.

The Existence of Customary Land Law of the Sultanate of Ternate After the Supreme Court Decision Number 57k/PDT/2017 Aprizal Midu; Husen Alting; Suwarti Suwarti
Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i6.668

This study aims to analyze the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Meanwhile, legal efforts to resolve customary land disputes of the Sultanate of Ternate after the enactment of Supreme Court Decision Number 57K/PDT/2017 provide benefits to the Regional Government or customary law communities. This type of research uses Empirical Juridical research, that is, this research in addition to using scientific methods also sees the reality in the field. Especially regarding the Legal Existence of Customary Land of the Sultanate of Ternate After the Supreme Court Decision Number 57k/Pdt/2017. Empirical Legal Research or field research is a method to obtain data directly from the Sultanate of Ternate as well as from the family of the Sultanate of Ternate and related Regional Governments. The results showed that the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Prior to the enactment of Law Number 5 of 1960 concerning Land Principal (UUPA) and the Supreme Court Decision Number 57K/PDT/2017. Permanent rights consist of; Aha Kolano (sultan's right), Aha Soa (clan right), Aha Cocatu (individual right). Meanwhile, temporary rights consist of; Tolagumi Rights (Right to Avoid Bala), Safa Rights, Ruba Banga Rights (Demolishing Forests), and Jurame Rights, or one's right to a piece of land that has been cultivated. The polemic over land ownership at the location of the Jiko Malamo beach tourist attraction, West Ternate District emerged after the Supreme Court Decision Number 57K / PDT / 2017 over the Jiko Malamo land dispute lawsuit between Hamiru Haruna (Plaintiff) and Hamzah Kalepa (Defendant) has now become state-owned land. Settlement of Customary Land Disputes of the Sultanate of Ternate After the enactment of Supreme Court Decision Number 57K/PDT/2017 provides benefits to local governments, which should be on lands in the territory of the Sultanate of Ternate must first pay attention to the subject of these lands. Subjects who control the land according to swaparaja land law can be divided into 3 (three), namely the Sultan (Kolano), soa, and Individuals / legal entities. Lands controlled by individuals give civil authority to those who control them.

Tumpang Tindih (Overlapping) Wanprestasi dan Penipuan Pidana dalam Penyelesaian Masalah Kontrak Komersial Suwarti Suwarti; Wahda Z. Imam
Syntax Idea 1867-1886
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i11.2567

This research aims to analyze fraud in depth based on Article 1328 of the Civil Code in agreements that may result in breach of contract, as well as to examine the legal implications of commercial contracts containing elements of fraud based on Article 1328 of the Civil Code, where fraud can be annulled or declared void ab initio. The method used in this research is normative research on legal principles contained in Article 1328 of the Civil Code. The data used in this research are secondary data. The secondary data used in this research consist of primary legal materials that are authoritative, meaning they have authority, secondary legal materials, and tertiary legal materials. The research results show that fraud based on Article 1328 of the Civil Code in agreements does not result in breach of contract. This is because breach of contract and fraud in civil law have different elements. Breach of contract is regulated in Article 1243 of the Civil Code, while fraud in civil law is regulated in Article 1328 of the Civil Code. Breach of contract (negligence or inadvertence) by a party can take four forms: First, not doing what was promised to be done; Second, performing what was promised but not as promised; Third, performing what was promised but late; Fourth, doing something that, according to the agreement, should not be done. Meanwhile, fraud, as referred to in this research, consists of the concept of fraud found in Article 1328 of the Civil Code, namely, the presence of defects in will. Defects in will are caused by: mistake or negligence, coercion, and fraud. Therefore, to determine when breach of contract occurs and when fraud occurs depends on a person's intention. If there was already a malicious intent before the contract was closed/signed, then this constitutes an act of fraud. If a person's malicious intent arises after the contract is closed/signed, then this is an act of breach of contract.

Analisis Hukum Penyerobotan Tanah yang Berimplikasi terhadap Perbuatan Melawan Hukum Ditinjau dalam Perspekif Hukum Perdata Suwarti Suwarti; Faisal; Puji Rahayu Subandi; Nurlaila Kadarwati Papuluwa
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13917

The escalation of society in an area makes land an object that is much needed. Because its availability is increasingly running low. Therefore, land has become a very valuable object and of course makes many people justify any means to obtain land. Land grabbing is not something new and occurs in Indonesia. The word invasion itself can be interpreted as the act of taking rights or property arbitrarily or without paying attention to laws and regulations, such as occupying someone else's land or house, which is not their right. The act of illegally grabbing land is an act against the law. From a civil law perspective, what is regulated in Article 1365 and Article 1366 can ensnare people who grab land, because it can be seen that in cases of land grabbing there are parties who are harmed and need compensation for the losses experienced by that party, and Land grabbing is also an unlawful act in which someone enters the land without right. This research aims to analyze and examine legal indicators of land grabbing which have implications for civil unlawful acts (onrechmatigheid daad). And what is the mechanism for resolving land grabbing disputes which have implications for unlawful acts The method used in this research is normative research on the legal rules contained in Article 1328 of the Civil Code. The data used in this research is secondary data. Secondary data used in this research consists of primary legal materials which are authoritative, which means they have authority, secondary legal materials and tertiary legal materials

Legal Analysis of Inconsistencies in Child Marriage Regulations Eko Budianto Tomayouw; Suwarti Suwarti; Nam Rumkel
Jurnal Indonesia Sosial Sains Vol. 5 No. 09 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i09.1226

This study analyzes the inconsistencies in child marriage regulations in Indonesia, which result in legal uncertainty in efforts to protect children through the marriage dispensation process. By employing both normative and sociological approaches, the study examines the legal implications of these regulatory disparities and assesses the marriage dispensation process from a benefit-based perspective. The findings reveal that the inconsistency in regulations leads to unequal legal protection for children involved in marriage, highlighting the urgent need for harmonizing laws and strengthening child protection mechanisms. Improvements are necessary not only in the Child Protection Law but also in the revision of the Marriage Law, taking into account the broader responsibility of the state in safeguarding children. Although the Marriage Law sets a minimum age for marriage, it still allows for loopholes through marriage dispensation, reflecting an inconsistency in legislative efforts to protect children. The overlap between different legal provisions creates uncertainty in the legality of child marriages, as different interpretations of the laws can lead to varying legal outcomes. This study identifies two key issues: the legal consequences of regulatory inconsistencies in child marriages and how marriage dispensation is viewed from a benefit perspective. Using a normative legal research method, the study draws on primary, secondary, and tertiary legal sources, including legislation and court decisions, and analyzes the data qualitatively. The results indicate that the regulatory inconsistencies create legal uncertainty in the protection of children in marriages approved through dispensation. Therefore, protecting these marriages from a benefit perspective is essential, as the dispensation process serves as a form of legal protection for children, rather than defying the rule of law.

Conflicts occurring due to the application of different legal inheritance systems in Indonesia Suwarti, Suwarti; Khunmay, Decha; Abannokovya, Stepan
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.21020

The Republic of Indonesia applies three legal systems on inheritance, namely the Islamic law, the Civil Code, and the Indigenous law. Conflicts occur when families use different legal systems in splitting inheritance. This paper aims to analyze: (1) The considerations of the judge in deciding the right of heirs with different religions to obtain inheritance; (2) Whether or not using wasiat wajibah in distributing inheritance to non-Muslim heirs violates Islamic laws; and (3) The legal efforts which may be taken if heirs who follow a different religion from the decedent do not obtain an inheritance. This is normative prescriptive legal research employing a comparative approach. Primary and secondary data were collected from the literature review. Results showed that the Supreme Court judge decided that a non-Muslim widow has the right to obtain an inheritance from her deceased Muslim husband based on the wasiat wajibah stipulations, considering that the widow had been married to the deceased for 18 years. Referring to wasiat wajibah to give inheritance to non-Muslim heirs does not violate Islamic law, in which the maximum amount is a third of the inheritance. This paper suggests two ways to resolve conflicts on inheritance: (1) Let the inheritance laws be plural. If there are legal conflicts, they can be resolved in court, (2) Unify the laws by creating new inheritance national laws to achieve national unity. This research provides novelty, recalling that there has not been any previous research on the same theme in Ternate City.

Co-Authors Abannokovya, Stepan Alimudin Boly Andi Suharto Aprizal Midu Baharuddin Hi Catur Erwin Setiawan Eko Budianto Tomayouw Fahri Latukau Faisal, Faisal Faissal Malik Fajar Hidayat Husen Alting Husen Alting Idham Payapo Irfan Ahmad Khunmay, Decha Masrida Masrida Nam Rumkel Nurlaila Kadarwati Papuluwa Nurlaila Kadarwati Papuluwa Nurul Ayni Patma Patma Puji Rahayu Subandi Rina Wahyuni Rini Angriani Sittihajar Muhammad Sri Mardiana Joisangadji Suhaimi Drachman Syamsuddin Ishak Syawal Abdulajid Syawal Abdulajid Tasqinnur Mansur Vanti Y. Rolobessy Wahda Z Imam Wahda Z. Imam Wahda Z. Imam Wahda Z. Iman Zul Asfi Siregar

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