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All Journal Dedikasi : Jurnal Ilmiah Sosial, Hukum, Budaya LEGALITAS Jurnal Ilmu Hukum The Juris Awang Long Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Legal Protection for the Partnership Agreement Parties
Esti Royani, Esti
Universitas 17 Agustus 1945 Samarinda
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
UNDERSTANDING THE MECHANISM OF JOINT PROPERTY DIVISION: RIGHTS OF HUSBAND AND WIFE ACCORDING TO MARRIAGE LAW IN INDONESIA Royani, Esti; Kamaluddin; Sarikun; Isnawati; Syamsudin
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1519

Abstract

The mechanism for dividing joint assets in marriage law in Indonesia still occurs due to differences in its implementation. Court decisions often rely on consideration of financial contributions, but non-financial contributions are not properly recognized. Inaccuracies in judges' decisions and the lack of public understanding of the law are the main factors influencing the uncertainty of the division of joint assets after divorce. This study aims to analyze the mechanism of division of joint property in marriage law in Indonesia and identify the factors that influence the process. The focus of this study is to examine financial and non-financial contributions considered in court decisions, and differences in legal interpretation can affect the results of the division of joint assets. This study uses empirical research methods with qualitative and quantitative approaches. A total of 30 divorce cases have been analyzed in district courts and religious courts to understand the pattern of division of joint assets in legal practice. The results of the study show that although most court decisions prioritize financial contributions in the division of joint assets, non-financial contributions have not been estimated. Other influencing factors are property owners, access to legal examination, and recognition of two rights. More comprehensive rules and regulations are needed for the distribution of joint assets. An important step towards a fair and transparent legal system is the reform of the judicial system and legal training for married couples.
Digital Transformation of Cooperative Legal Entities in Indonesia Sukardi, Didi; Hafizd, Jefik Zulfikar; Muamar, Afif; Hamamah, Fatin; Royani, Esti; Sobirov, Babur
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1563

Abstract

Abstract: This article captures the implementation of cooperative legal entities that are still conventional toward digital transformation, considering significant changes in the world. This study aims to describe how to strengthen the role of cooperatives as a pillar of the Indonesian economy, the legal basis for digital transformation, and the digital transformation of legal entity cooperatives in Indonesia. The findings show that transforming the cooperative business model into a digital basis is necessary. Cooperatives can obtain a vast market share by using tools such as website companies, social media, marketplace, and paid online advertising. The legal basis for business transformation from conventional to electronic-based models already exists. Cooperative legal entities can conduct business activities by utilizing digital technology for various activities such as administration, marketing via internet media, advertising using third parties such as Facebook Ads or Google Ads, selling products through online stores, analyzing business trends in the community, building relationships with more parties through social media, member meetings using video call applications, and many more that can be utilized. With the G20 forum, opportunities to expand business to various countries need to be used optimally by cooperatives in Indonesia. Keywords: Digital, Legal Entities, and Cooperatives.
JURIDICAL ASPECTS OF UNDERAGE MARRIAGE AND CUSTOMARY LAW Royani, Esti; Nurtjahjo, Arief; Bilung, Norti; Sajid Ali
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.990

Abstract

In Mahakam Ulu Regency, underage marriages occur, where men are only 16 years old and women are 14 years old. From a positive legal perspective, underage marriage is very unusual for those who marry at a very young age, from a legal perspective it can violate Law Number 35 of 2014 the role of parents to prevent underage marriages in this case is contrary to the Act. Child Protection Act. Throughout 2019, in Mahakam Ulu Regency in the past year, according to research recorded at the Population and Civil Registration Office in Mahakam Ulu Regency, 20 underage couples got married. The majority of couples who marry underage are pregnant out of wedlock due to promiscuity. Of the twenty couples, the village with the highest number of child marriages compared to other villages, namely six couples, occurred in Mahakam Ulu Regency. empirical juridical research, research using field data. The results showed that the Juridical Aspects of Underage Marriage according to Indonesian Positive Law can be seen in the provisions of Law Number 16 of 2019 concerning Marriage Article 7 paragraph (1) Marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 19 years. Article 6 paragraph (2) To carry out a marriage, a person who has not reached the age of 21 years must obtain permission from both parents and Law Number 23 of 2002 concerning Child Protection Article 26 (1) Parents are obliged and responsible for: caring for, maintaining, educate and protect children, develop children according to their abilities, talents and interests and; prevent child marriage.
JURIDICAL REVIEW OF PRENUPTIAL AGREEMENTS Royani, Esti; Nortjahjo, Arief; Sobirov, Bobur; Triana, Astri
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1168

Abstract

A prenuptial agreement or commonly referred to as a prenuptial agreement is a contract or agreement that is equally agreed upon by a married couple, either before the marriage takes place, or during the marriage bond. In conducting research to be more focused, the author made a formulation of the problem, namely how is the legal provisions of the prenuptial agreement based on Law Number 16 of 2019, how is Amendments to Law Number 1 of 1974 concerning Marriage in Indonesia and the Legal Effects on Marital Property with the Prenuptial Agreement in Indonesia. The type of research used in this writing is normative legal research. Normative research is carried out by collecting data and information about the legal norms you want to research, then analyzing the data and information to get a deeper understanding of existing legal norms. Normative research methods can be carried out by means of literature studies, namely by collecting library materials or legal sources relevant to the research topic. The results showed that the forms of this marriage agreement include marriage agreements with togetherness of profit and loss, marriage agreements with togetherness of results and elimination of togetherness of wealth. The content of the agreement must be discussed carefully. You must ensure that you and your partner agree on the content of the agreement and are consistent with your values. For example, how joint property will be managed and divided if one day you divorce.
THE FUNCTION OF LAW IN ECONOMIC DEVELOPMENT AND COMMUNITY EMPOWERMENT IN INDONESIA Thamrin, Husni; Sobirov, Bobur; Thamrin, Muhammad Arganata; Royani, Esti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1479

Abstract

The purpose of this study is to analyze the function of law in the stages of economic development and to analyze community empowerment through the role of law. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. Secondary Legal Materials are all publications on a law that are not official documents which include textbooks, legal dictionaries, legal journals, and research reports. The collected legal materials are then analyzed qualitatively. The results of the research show that development in the economic field cannot work alone, but requires support from various parties, especially in the field of law. Law has a very central role in the success of a country's economic development, particularly in providing business and investment certainty, both at the central and regional levels. This will provide a huge opportunity for the central government in accelerating policies related to the economy in the regions because the regions are already stable in terms of the functioning of the legal function in the field of economic development. In relation to community empowerment, the function of law is as a driving force for development. In this case, the law as a tool to bring society in a more advanced direction will work dynamically following economic developments. Improvements in all sectors, starting from education, accessibility, action, institutions, business, income, environment, and life, and improving social relations in society will have a very big impact on economic growth in Indonesia.
Implementation of the Division of Joint Assets Due to Divorce Based on Pancasila Justice Royani, Esti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4352

Abstract

The division of joint assets resulting from divorce in Indonesia is regulated by Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage, which also includes a Compilation of Islamic Law, is considered to still not fulfill a sense of justice. This research aims to identify and analyze how the distribution of joint assets due to divorce is based on the Pancasila value of justice, because Pancasila is a philosophy of life and the source of all legal sources that apply in Indonesia. This research was conducted using a normative juridical approach. The results of research on the implementation of the distribution of joint assets as a result of divorce show that the distribution of joint assets as a result of divorce is carried out casuistically based on contributions, taking into account the benefits and negative impacts. The implementation was deemed not to be fair because the judge, when deciding on a case he handled, paid little attention to the substance of the case he handled and did not understand the meaning behind the words in the articles of the statutory regulations, the judge only based on the sound of the article in the statutory regulations. Many judges' decisions are based on article 97 KHI, even though article 97 KHI is deemed unfair if husband and wife both work or even the wife makes a greater contribution than the husband. Apart from that, when a judge decides on a case he is handling, the judge is influenced a lot by one of the parties in the case so that the judge's decision on a case does not embody justice or does not reflect justice.Keyword: Divorce, Joint Property, Justice, Pancasila.
Co-Authors Afif Muamar Anis Mashdurohatun Bilung, Norti Dody Hasrizal Siahaan Fatin Hamamah, Fatin Gunarto Hafizd, Jefik Zulfikar Hagverdiyeva Shalala Husni Thamrin ISNAWATI Kamaluddin Khoirul Arifin Nortjahjo, Arief Nurtjahjo, Arief Sajid Ali Sarikun Sobirov, Babur Sobirov, Bobur Sukardi, Didi Syamsudin Thamrin, Muhammad Arganata Triana, Astri YUZURU, SHIMADA