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Legalitas Pernikahan Siri di Indonesia Jakobus Anakletus Rahajaan
Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis Vol. 1 No. 1 (2020): Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Univiversitas Dr. Djar Wattiheluw

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v1.i1.p61-75

This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The research results are then analyzed and described qualitatively. The results of this study indicate that, Law Number 1 of 1974 concerning marriages is still ambiguous, there is a norm conflict between one article and another that causes confusion and differences in perception among the community that triggers polemics. So that through the results of normative juridical studies, this research concluded that based on legal principles and legal norms in Law No. 1 of 1974 concerning marriages along with other statutory regulations, Siri marriages are marriages that are considered illegal. Thus, this legal juridical illegitimate marriage will have a very detrimental effect on the parties, especially women and children who are bound in the marital relationship of Siri.

Dinamika Hukum Perlindungan Anak Luar Nikah di Indonesia Jakobus Anakletus Rahajaan; Sarifa Niapele
Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis Vol. 2 No. 2 (2021): Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Univiversitas Dr. Djar Wattiheluw

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v2.i2.p258-277

This study aims to analyze the dynamics of legal protection for children out of wedlock with normative juridical research methods. The results of the study are that, during the 76 years of Indonesia's independence, the State's concern for children out of wedlock is very less. It is proven by various laws and regulations that absolutely do not provide certainty, justice and legal benefits for children out of wedlock, and this reality is not in accordance with the principles of the declaration of human rights, the principle of a state of law based on Pancasila and the principle of equality before the law. However, a very advanced and phenomenal legal breakthrough emerged, namely the Constitutional Court's decision no. 46/PUU- VIII/2010 which gives the status, position and rights of legitimate children to children out of wedlock. This should be appreciated as a spectacular step to make the law a sosial engineering tool to break down misconceptions about children out of wedlock. By supporting the Constitutional Court's decision, we have upheld the values of human rights, Pancasila and the principle of Equality before the Law of the State of Law which must provide certainty, justice and legal benefits for every citizen without indiscriminate or discrimination. The Constitutional Court's decision can cause a domino effect for children out of wedlock, adulterers, and society. It is time for the dynamics of the law to develop so, where the law is expected to become a sosial engineering tool that will change the paradigm and treatment of society towards children out of wedlock.

Disparity of Conviction Cases Blasphemy in Indonesia Jakobus Anakletus Rahajaan; Sarifa Niapele
Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis Vol. 3 No. 2 (2022): Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Univiversitas Dr. Djar Wattiheluw

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v3.i2.p141-158

Although freedom about religion has been guaranteed in Pancasila and the 1945 Constitution, in reality problems in society related to religion still occur, such as insults, degrading the beliefs of a group to problems related to the place of worship of a religion. The constitution, which guarantees freedom of expression, is widely abused so that there are unlawful acts, one of which is blasphemy. Judges with free and independent judicial power or the principle of freedom of judges, play an important role in realizing justice for society. However, the disparity of punishment in blasphemy cases has caused controversy about the freedom of judges who are considered not to meet the sense of justice of society. The focus of this study is on the disparity of punishment in blasphemy cases that go viral on social media. This is a descriptive research with a normative legal approach method (normative juridical) carried out by means of a literature study. The data collection tool used in this study is data in the form of document studies and literature tracing. The analytical knife in research is legislation, legal Grand Theory such as evidentiary theory and legal principles such as the principle of Equality before the Law, the Principle of Fair Trial, the principle of freedom of judges, the principle of contante justitie, the principle of justice, certainty and expediency of law and the principle of Nemo Judex Idoneus In Propria Causa. Based on the results of the study, it is understood that the principle of judge freedom is based on a negative evidentiary system, but with their beliefs and freedom, judges in deciding cases are often influenced by the judge's culture, namely the subjectivity of judges and the existence of intervention and intimidation which results in the disparity of punishment in blasphemy cases which is a fairly sensitive issue in Indonesia.

Urgensi Checks and Balances Dalam Pemerintahan Daerah Sarifa Niapele; Jakobus Anakletus Rahajaan
Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis Vol. 4 No. 2 (2023): Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis
Publisher : Univiversitas Dr. Djar Wattiheluw

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51135/PublicPolicy.v4.i2.p663-680

This study aims to analyze the weaknesses of checks and balances in local government based on the principle of trias politica. The research uses normative legal research methods through legislation and literature approaches. Using primary, secondary and tertiary legal materials then analyzed qualitatively to describe the results of this study. Research results: first, the problem of minimal synergy causes disharmonization between state institutions. This happens due to sectoral egos, for example not accepting or not following up on recommendations from the results of checks and balances. This ego is due to a mistaken view of equality among branches of power. Second, the absence of specific legal substance regarding standard standards for evaluating local government performance has an impact on non- progressive development performance. Third, the existing legal substance has not been able to create the correct checks and balances as described above. For this reason, the formation of legal substance is urgently implemented in order to create a very strict mechanism of checks and balances, with provisions containing material on strict performance appraisal standards and strict and real sanctions that will force these branches of local government power to submit, comply or be sanctioned.

Bisnis Startup Dalam Kompleksitas Hukum di Indonesia Jakobus Anakletus Rahajaan; Wahid Yaurwarin
Journal of Business Application Vol. 1 No. 1 (2022): Journal of Business Application
Publisher : Univiversitas Dr. Djar Wattiheluw

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v1.i1.p64-73

The purpose of this research is to examine the complexity of pilot law and encourage the authorities to monitor the urgency of pilot law in Indonesia and the country's economic development even during the Covid-19 pandemic. Start-up companies are companies that have just entered or are still under development or research to continue to find markets and develop their products. In the competitive nature of a fast-paced industry, it is important to identify the problems companies face in order to improve business performance by finding root causes and finding effective solutions. One of the problems in start up companies is the regulation that governs the company's activities. The lack of special regulations for business start-ups hampers the sustainability of companies and other impacts of business start-ups. Start ups in Indonesia have indeed shown significant growth. On the other hand, start ups in Indonesia face challenges that often lead to start up failure. One of the reasons for this failure is that start ups are in a vortex of legal complexities that do not match the characteristics of the start up itself, thus requiring a more appropriate and flexible legal structure

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