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Winanto Winanto
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THE CONSTRUCTION OF THE VICE PRESIDENT'S AUTHORITY IN INDONESIA'S STATEMENT SYSTEM Widayati Widayati; Sri Kusriyah; Winanto Winanto
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23920

Abstract

The 1945 Constitution of the Republic of Indonesia stipulates that the President and Vice President are directly elected by the people. The position of the Vice President is at the level below the President. The authority of the Vice President is not clearly and unambiguously regulated in the 1945 Constitution of the Republic of Indonesia or in the laws and regulations below it. As an assistant to the President, the authority of the Vice President is highly dependent on the President. The Vice President's authority will only appear when the President is absent. The authority of the Vice President in Indonesia's constitutional history varies from one to another. For the division of authority between the President and the Vice President, as well as clarity on the authority of the Vice President, it is necessary to have a law regulating the presidential institution. The law on the presidential institution will later serve as the legal basis for the President to share authority with the Vice President. With the division of authority, there will be clarity as to what is the authority of the Vice President, so that when a problem occurs, it can be resolved quickly and thoroughly, without throwing responsibilities at each other. The clarity of the division of authority will also greatly assist the DPR in carrying out its supervisory function, and for the public to assess the performance of the Vice President. 
An Overview of Islamic Law in the Mechanism of Individual Distribution if the Wife of the Heir is more than One Ani Maryani; Umar Ma'ruf; Winanto Winanto
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.456-464

Abstract

This study aims to determine and analyze the mechanism of inheritance distribution if the wife of the heir is more than one in terms of Islamic law. The research approach method used in the preparation of this thesis is a normative juridical research method. This research specification uses descriptive analysis. The type of data used is secondary data from legal materials in the form of the Qur'an and Hadith, the Civil Code, the Marriage Law, and the Compilation of Islamic Law. Collecting data by studying documents or library materials that are collected and processed systematically. The results of this study indicate that: first, the acquisition of inheritance rights for wives or wives is contained in the Qur'an letter An-Nisa' verse 12 and in the Compilation of Islamic Law Article 180. After removing part of the joint property, the rest is distributed to the heirs. If the heir leaves children, the wife's share is 1/8 and if the heir does not leave children, the wife's share is of the inheritance. Second: The concept of marriage in Indonesia based on Act No. 16 of 2019 concerning amendments to Act No. 1 of 1974 concerning marriage contains elements of monogamy, but the court can grant permission on fair conditions, the wife's consent, guarantees the necessities of life for the wife and children, and permit has permanent legal force. KHI explains that joint assets in each marriage are separate and independent and are calculated at the time of the second, third or fourth marriage contract.
Co-Authors Ani Maryani Sri Kusriyah Umar Ma'ruf Widayati Widayati