This Author published in this journals
All Journal Kajian Hukum
Sri Hendarto Kunto Hermawan
Fakultas Hukum Universitas Janabadra

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

KAJIAN YURIDIS TENTANG PELAKSANAAN ITSBAT NIKAH MENURUT HUKUM POSITIF INDONESIA DI KABUPATEN BANTUL Sri Suwarni; Sri Hendarto Kunto Hermawan
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (669.738 KB)

Abstract

The purpose of this study was to find out the reasons for the petition (itsbat) of marriage and the constraints faced in the implementation of itsbat marriage in Bantul regency. This research is done by research method in the form of library research and also conducted field research. In library research, this research used document study to get secondary data,furthermore,field research was done to obtain primary data within qualitative approach that was by conducting interview. Data, which was obtained from the results of literature research and field research,were analyzed qualitatively. The data were further elaborated with descriptive method of analysis, i.e. in discussing the problem was by identifying, analyzing and interpreting data that has been obtained to be taken a conclusion.The result of this research is that the most important reason for the itsbat of marriage in the Religious Court of Bantul Regency is because married couples who have been married but have not or do not have authentic evidence of marriage events that have been done in the form of Marriage Certificate or Marriage Letter. The marriage petition filed is in conformity with the provisions of Article 7 paragraph (2) of the Compilation of Islamic Law which stipulates that in the case of marriage cannot be proven by the Marriage Deed, it can be filed itsbat marriage to the Religious Court. And the petition of marriage that has been granted by the Panel of Judges handling the petition of marriage in the Religious Court of Bantul is also in accordance with the provisions of Article 7 paragraph (3) letter d and letter e, namely the existence of marriage that occurred before the enactment of Law Number 1 Year 1974, and marriages committed by those who do not have marital obstacles according to Law No. 1 of 1974. And the obstacles faced in the implementation of itsbat marriage in Bantul Regency is, most closely related to the proof of the witness who must be presented in the trial, most of those who witnessed marriage had died. Other constraints, especially rural communities, because of the cost factor they have to pay to apply, although actually for the application for people who can afford this is not a problem, while others are still many people who do not understand the existence of assistance for the discharge of the cost of the case who are indigent.Keywords: Implementation, Itsbat Marriage, Positive Law.
KEBIJAKAN HUKUM PEMERINTAH KABUPATEN BANTUL DALAM PENANGANAN PERKARA PROSTITUSI Sri Hendarto Kunto Hermawan
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.358 KB)

Abstract

The policy in the field of criminal law is very important, especially in an increasingly modern life as a result of globalization, therefore, in the progress necessary to find alternative ways of law enforcement more precise and faster. The Book of Criminal Justice Act which is a relic of the Dutch era, which has been deemed incompatible with existing development, therefore, with the plan to change the existing Criminal Code and Criminal Procedure Code is a positive step. Similarly, the policy of the law made by the Government of Bantul district in addressing the problem of prostitution, set Bantul Regency Regulation No. 5 Year 2007 on the Prohibition of Prostitution in Bantul is a form and the efforts made by the District Government of Bantul to combat and reduce the occurrence of cases prostitution and prostitution. This was done considering the Bantul district has the south sea coast which many practices used for prostitution, as well as the construction of inns, karaoke bars and massage parlors and beauty salons, there are times when these places abused. Therefore, law enforcement efforts undertaken by law enforcement officers must be fully supported. Bantul District Government legal policies that are already well underway and effective, proven cases that occur are increasingly declining, this happens because the vigorous enforcement efforts conducted by the Pamong Praja Police Unit of Bantul District supported by officers from the Police Bantul, either that individually or in combination with the Municipal Police Unity with police.