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Kajian Yuridis Terhadap Perkawinan dibawah Umur Jakobus A. Rahajaan; Sarifa Niapele
Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis Vol. 2 No. 1 (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.i1.p88-101

This research is in the form of a juridical study of underage marriage. Using the normative legal research method, namelyanalyzing the provisions of the articles of laws and regulations related to the minimum age limit for a person who can be grantedpermission to have a marriage. The results of the research obtained are as follows: According to article I of Law Number 16 of 2019 concerning Marriage which amends Article 7 paragraph (1) of Law no. 1 of 1974, requires that the marriage is legal, if permitted by the parents of the parties, if the age of the prospective bride and groom has reached 19 years. On the other hand, the provisions of the Compilation of Islamic Law (KHI) article 15 paragraph (1), have not revised the age limit of 19 years. This can lead to polemics in society that have the potential to lead to misinterpretation or ambiguity that can lead to unlawful practices, namely underage marriage. Furthermore, in paragraph (2) Article 7 of the Marriage Law Number 1974 as amended by Law Number 16 of 2019, provides space for underage marriages, namely in the form of dispensation for underage marriages. The weaknesses of this statutory regulation must be addressed immediately by revising article 15 paragraph (1) of the KHI, as well as the provisions of Article 1 of Law Number 16 of 2019, namely the provisions of Article 7 paragraphs (2) and (3), regarding the dispensation of underage marriages.

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.

Peningkatan Daya Saing Usaha Berdasarkan Implementasi Strategi Kemitraan Usaha Muhajir Makatita; Sarifa Niapele; Dessy Balik
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.p1-8

This study aims to examine and analyze the effect of business partnership strategies on business competitiveness. This type of research is explanatory research using a quantitative approach. The population in this study is the total of 80 groups of seaweed cultivation business actors in Southeast Maluku Regency who have formed partnerships. Sampling using purposive sampling technique with a final sample of 80 respondents. Methods of data analysis using quantitative analysis. The analytical model used is simple regression. The results of this study prove that the business partnership strategy has a positive impact on increasing business competitiveness. The results of this study also prove that the business partnership strategy has a contribution (determination) of 60% towards increasing the competitiveness of the seaweed cultivation business in Southeast Maluku Regency.

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