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Journal : Damhil Law Journal

Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws Mustapa, Iqbal; Abdussamad, Zamroni; Towadi, Mellisa
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.32 KB) | DOI: 10.56591/dlj.v1i1.1726

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.
The Consequences of Sex Recession in Indonesian Marriage Law Perspective Zakaria, Nursusilawati; Kasim, Nur Mohamad; Towadi, Mellisa
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2402

Abstract

This article aims to find out and describe the legal consequences of the sex recession in Indonesia from the perspective of marriage law. The research method used in this study is the normative research method with a literature study approach. The results of this study indicate that marriage recession is a phenomenon and is a necessity in marriage law in Indonesia. When referring to the legal basis of marriage and in the compilation of Islamic law, there is no prohibition on delaying marriage based on the reasons for one's self-development. However, this will impact the legal condition of marriage in Indonesia in the future. Referring to the marriage law and the compilation of Islamic law, the term postponement of marriage is not explicitly mentioned. It is more about preventing marriage. In the Marriage Law, the Prevention of Marriage is regulated in III, which consists of Article 13 to Article 21. Meanwhile, in the compilation of Islamic law, marriage prevention is regulated in Chapter X, divided from Article 60 to Article 69.
The Effectiveness of Restitution Rights for Child Victims of Domestic Violence in Indonesia under the CRC Dehi, Amelia Putri; Towadi, Mellisa
Damhil Law Journal Volume 5 Issue 1 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v1i1.2929

Abstract

This study discusses the effectiveness of the implementation of restitution rights for children who are victims of domestic violence (DV) in Indonesia within the framework of the Convention on the Rights of the Child. Restitution, as a form of victim's rights recovery, is explicitly regulated in various national laws and regulations, yet its implementation still faces significant challenges on the ground. The research method used is normative juridical with a qualitative descriptive approach, through analysis of regulations, legal doctrines, and case studies of court rulings. The results of the study indicate that restitution plays a vital role in the physical, psychological, and social recovery of children who are victims of DV, while also emphasizing the responsibility of perpetrators for their actions. However, the implementation of restitution rights is still hindered by a lack of understanding among law enforcement officials, bureaucratic complexities, insufficient victim support, and obstacles faced by perpetrators in fulfilling their payment obligations. To address these issues, strengthening regulations, improving the capacity of officials, optimizing the role of child protection institutions, and fostering cross-sector collaboration are necessary to ensure that restitution rights become an integral part of the protection and recovery of child victims of DV in Indonesia.