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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Anak Agung Istri Ari Atu Dewi
Faculty of Law, Universitas Udayana
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE LEGALITY OF INTERFAITH MARRIAGE CONDUCTED ABROAD IN THE PERSPECTIVE OF INDONESIAN LAW Anak Agung Istri Agung Nindasari Trisnawijayanti; Anak Agung Istri Ari Atu Dewi
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.572

Abstract

Based on the provisions of the legislation that applies positively in Indonesia, it is stated that interfaith marriages cannot be carried out. However, it turns out that interfaith marriages still occur as a result of social interaction among all Indonesian citizens, so the interfaith couples carry out their marriages abroad. Interfaith marriages are implicitly not specifically regulated in the Marriage Law. The problem studied in this paper is how the legality of interfaith marriages abroad in the perspective of Indonesian law. The purpose of this study is to find out the legality of interfaith marriages abroad in the perspective of Indonesian law. This research uses a normative method by reviewing the laws and regulations related to the legal issues under study. The results of the study concluded that the legitimacy of interfaith marriages outside the jurisdiction of Indonesia was invalid because it violated several articles in the Marriage Law. If interfaith marriages abroad still occur, then the marriage is a violation of the law.
SETTLEMENT OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON BALINESE CUSTOMARY LAW Gede Rhama Sukmayoga Wiweka; Anak Agung Istri Ari Atu Dewi; Putu Gede Arya Sumertayasa; I Nyoman Bagiastra
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1120

Abstract

This study aims to examine and analyze related to the settlement of crimes of sexual violence against children based on positive law in Indonesia and Balinese customary law. This study uses normative legal research methods with factual approaches, statutory approaches, case approaches, and legal concept analysis approaches. The results of this study explain that arrangements related to sexual violence against children are regulated in Article 81 and Article 82 of the UUPA, regarding their settlement according to the criminal justice system according to the provisions of the Criminal Procedure Code. As well as the settlement of criminal acts of sexual violence against children in Balinese customary law is translated into two approaches to justice, namely criminal sanctions with a retributive approach or criminal sanctions with a restorative approach. And if the settlement is through a restorative approach, the rights of the victim need attention because the victim is an interested party who should have a (legal) position in the settlement process. However, in the criminal justice system in general, it is suspected that victims do not receive equal protection from the authorities in the criminal justice system, so that the true interests of victims are often neglected and even if they do exist, they are only fulfilling the criminal justice administration or management system.
Co-Authors Anak Agung Istri Agung Nindasari Trisnawijayanti Gede Rhama Sukmayoga Wiweka I Nyoman Bagiastra Putu Gede Arya Sumertayasa