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Legislation Policy to the Elimination of Minimal Capital Legal Entities for Limited Liability Companies Roma, Muhammad Hatta; Miqat, Nurul; Purnamasari, Andi Intan; Syamsuddin, Adiesty Septhiany Prihatiningsih; Patila, Manga
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.39

Abstract

The purpose of this study is to analyze the factors that hinder the implementation of government policies against the elimination of minimal capital of legal entities as an effort to develop MSME to improve the regional economy in Palu of Central Sulawesi. This research was an empirical research method using a qualitative descriptive approach. The results showed the factors inhibiting the implementation of government policy on the elimination of minimal capital of legal entity making is the lack of information about Government Regulation Number 29 of 2016 concerning Changes in The Basic Capital of The Establishment of Limited Liability Companies, Constraints on the requirements of making Limited Liability Companies both due to large capital constraints for the manufacture of Limited Liability Companies and Due to Administrative System Constraints that are quite difficult, and the latter is the Orientation of Individualist Thinking.
Legal Analysis of the Fostering and Supervision of Village Based on the Village Law 2014 Syamsuddin, Adiesty S.P.; Korompot, Ratu Ratna; Jubair , Jubair; Baco, Syamsuddin; Miqat, Nurul
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.84

Abstract

The position of the village as the lowest autonomous government structure has an essential role in achieving multidimensional national development goals because its management involves all government officials, both at the main and the local level, even at the village level. This study aimed to determine the material normative regulation related to the supervision and guidance of the administration of village governance and to find out the substantive forms of supervision and direction of the administration of village governance that the level of government above can implement. The result of this study was 1) Normative regulation material on the supervision and development of village administration is currently subject to Law Number 6 of 2014 concerning Village Government Regulation of the Republic of Indonesia Number 47 of 2015 concerning Amendment to Government Regulation Number 43 of 2014 concerning Implementation Regulation of Law Number 6 of 2014 concerning Villages, and PP Number 12 of 2017. 2) Substantive forms of supervision and development of village administration that can be carried out by the government level above include the provision of technical guidelines/guidance, appreciation, and guidance in the fields of development planning, finance, and institutional planning.
Child Custody Due to Divorce in Indonesia Post the Constitutional Court Decision Number 140/PUU-XXI/2023 from a Human Rights Perspective Miqat, Nurul; Susilawati, Susi; Nokoe, Nurhayati Sutan; Fadjar, Adfiyanti; Datupalinge, Suarlan; Patila, Manga
International Journal of Science and Society Vol 7 No 2 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i2.1394

Abstract

Article 1 of Marriage Law Number 16 of 2019 amending the Marriage Law 1 of 1974, states that marriage is a marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty, a marriage that is built based on physical and mental bonds, with the aim of being eternal, and getting offspring that can continue generations. However, not all existing marriages run smoothly as expected, the many obstacles and trials in every household sometimes trigger a divorce, which consequently has an impact on one of the children born. As a result, many divorced couples feel entitled to child custody. This paper takes the formulation of the problem of how child custody due to divorce, after the decision of the Constitutional Court Number 140/PUU-XXI/2023 from the perspective of Human Rights. This paper uses a normative juridical writing method with a statutory approach.
Legal Reform in Interfaith Marriage Under Supreme Court Circular No. 2 of 2023 Miqat, Nurul; Salam, Safrin; Adfiyanti, Adfiyanti; Ibrahim, Kayode Muhammad; Hassan, Abidemi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20972

Abstract

Human nature, being composed of different genders—men and women—naturally drives the attraction and union through marriage, fulfilling the desire to live together. As outlined in Article 1 of Marriage Law No. 1 of 1974, marriage is a physical and emotional bond between a man and a woman as husband and wife, intended to establish a happy and lasting family founded on the principles of God Almighty. Marriage, therefore, holds religious significance, uniting a man and a woman as husband and wife. This study examines the Supreme Court’s decision prohibiting court rulings on interfaith marriages. Using normative research methods, the study analyzes Article 2, Paragraph 1 of the Marriage Law, which states that a marriage is valid if conducted according to the laws of each religion and belief. In response to ongoing debates and increasing pressure due to granted applications for interfaith marriage registration by district courts, the Supreme Court of Indonesia issued Supreme Court Circular Letter No. 2 of 2023. This circular guides judges in adjudicating interfaith marriage applications. The issuance of the circular aims to resolve the controversy surrounding interfaith marriages, which have led to various legal and social issues. Previously, judges based their decisions on Law No. 23 of 2006 on Population Administration, leading to the approval of interfaith marriage applications. However, with SEMA No. 2 of 2023, a clear directive has been established to prevent legal uncertainty and ensure uniformity in court rulings regarding interfaith marriages.
Comparative Study on the Management and Utilization of Takimpo Sara Land Based on Customary Law in Indonesia and Nigeria Salam, Safrin; Slamet, Agus; Mahmuda, Dewi; Miqat, Nurul; Izu, Cynthia C.
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i3.74753

Abstract

This study analyzes the management and utilization of Sara customary land in Takimpo Village, Buton Regency, managed by the indigenous community based on customary law principles, and compares it with the customary land management system in Nigeria. Sara land holds significant cultural, social, and economic value for the indigenous community, who manage it based on principles of collectivity and consensus. The research method used is socio-legal, employing a qualitative approach through interviews, observations, and analysis of data obtained from the indigenous community, as well as relevant legal literature. The key findings indicate that the customary law principles in Takimpo emphasize communal land ownership, consensus as the decision-making mechanism, and sustainability in land use. Although customary law is respected, there is tension with state policies that prioritize individual land ownership. A comparison with Nigeria reveals similar principles of collectivity; however, state policies in Nigeria are more dominant, leading to tensions with the customary legal system. In conclusion, legal recognition of customary land needs to be strengthened in national land policies to protect the rights of indigenous communities. Mapping customary land based on customary law is essential to ensure sustainability and protect the rights of indigenous communities in managing their land.
Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Mardin, Nurhayati; Purnamasari, Andi Intan; Miqat, Nurul; Kharismawan, Adiguna; Nur, Rafika
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.745 KB) | DOI: 10.33756/jlr.v4i2.15132

Abstract

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.
Model Of Punishment: Juvenile Justice Systems Nur, Rafika; Bakhtiar, Handar Subhandi; Miqat, Nurul; Darmawati, Darmawati; Mustawa, Mustawa
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (665.946 KB) | DOI: 10.33756/jlr.v3i0.8313

Abstract

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law.  This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.
Local Wisdom of Customary Law Community to Realize Food Sovereignty in Central Sulawesi Miqat, Nurul; Nur, Rafika; Fattah, Virgayani; Sulilawati, Susi; Purnamasari, Intan
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.816 KB) | DOI: 10.33756/jlr.v3i2.10167

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Indigenous peoples have the right to food sovereignty, the right of indigenous peoples to meet food needs following local wisdom owned by indigenous peoples following their potential resources and culture, produced independently with their systems. Food production systems follow the conditions of traditional territories, traditional values / norms and knowledge of indigenous peoples, agricultural systems, trade, fisheries, and other production systems in traditional territories. Central Sulawesi, as one of the provinces that still has several areas, which are indigenous community areas, has local wisdom in terms of food security. The availability of food based on the independence of an area cannot be separated from the efforts of the community to maintain regional food security in a way that has become the standard of behavior of the surrounding community in managing the environment that can produce quality food, one of which is the standard of community behavior which is reflected in local wisdom. Through local wisdom in managing the environment, it is hoped that it will be a concrete step to strengthen it carrying capacity, especially in the food aspect. Through Law No. 18 of 2012, which seeks to give obligations to the state to respect, fulfill and protect the right to food of the Indonesian people without exception.
Dampak Perkawinan Anak Dibawah Umur Terhadap Perceraian Ditinjau dari Undang-Undang No. 1 Tahun 1974 Miqat, Nurul
Lex Librum : Jurnal Ilmu Hukum 2016: Volume 2 Nomor 2 Juni 2016
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v2i2.69

Abstract

UU No.1 tahun 1974 mengatakan bahwa "perkawinan adalah ikatan lahir dan batin antara seorang pria dan seorang wanita sebagai suami istri dengan tujuan membentuk keluarga (rumah tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang maha Esa". Bagi perkarwinan yang boleh melangsungkan perkawinan adalah mereka yang telah memenuhi batasan usia untuk melangsungkan perkawinan, seperti yang tertera dalam Pasal 7 ayat I UU No.l Tahun 1974. Batas usia untuk melangsungkan perkarwinan itu pria sudah berusia 19 (Sembilan Belas )dan wanita sudah berusia 16 (enam belas) Tahun. Secara eksplisit ketentuan tersebut dijeiaskan bahwa setiap perkawinan yang dilakukan sebelum batas umur tersebut maka disebut "Perkawinan dibawah umur" atau biasa pula dikenal dengan istilah pernikahan dini. kata Kunci: Anak di bawah Umur, Perkawinan. Abstract: Law number 1 of 1974 Regading Marriage states that "marriage is a spiritual and the physical bond between a man and a woman as husband and wife, with the aim to establish a happy and everlasting family (household) upon the divinity of God. According to the article 7 paragraph 1 of law No.1 of 1974, marriage is allowed for thosewhose have met the age limit, which for man is 19(nineteen) years old and for woman is 16(sixteen) years old. Subsequently, the provision explicitly explained that any marriages performed before the age limit so called "under age marriage" or also commonly known as early marriage. Daftar Pustaka Buku: Ida Bagoes Mantra. 2008, Filsafat Penelitian dan Metode Penelitian Sosial, Pustaka Pelajar, Yogyakarta. Komaria,. 2010, Hukum Perdata, Univ Muhammadiyah Malang, Malang Moch Isnaeni, Hukum perkawinan Indonesia, 2016, Surabaya Muhammad Abdulkadir, 2010, Hukum Perdata Indonesia, Citra Aditya, Bandung Nasution, 1988, Metode Naturalosti Kualitatif. Tarsito, bandung R.Subekti, 1985, Pokok-Pokok Hukam Perdata, Intermasa, Jakarta. Riduan Syahrani, 1992, Seluk beluk Dan Asas-asas Hukum Perdata, Alumni, Bandung Simanjuntak, 2008. Hukum Perdata Indonesia, Jakarta, Djambatan Sugiyono. 2007. Metode Penelitian Pendidikan, pendekaton kuantitatif kualitatif, dan R&D. Alfabeta, bandung Taufiqurrahman Syahuri. 2015. Legalisasi Hukum perkawinan Di Indonesia. Jakarta. Prenadamedia Group Zainuddin Ali.2006. Hukum Perdata Islam Di Indonesia. Sinar grafika, Jakarta Peraturan Perundang-undangan : Kitab Undang-Undang Hukum Perdata Undang-Undang Perkawinan No 1. Th 1974
Penerapan Prinsip Keadilan Dalam Pertanggungjawaban Hukum Pejabat Pembuat Akta Tanah (PPAT) Atas Pembatalan Akta Hibah Oleh Pengadilan Razaq, Abdu; Susilawati, Susi; Miqat, Nurul; Crystalia, Mega
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 11 (2025): SENTRI : Jurnal Riset Ilmiah, November 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i11.4908

Abstract

This study aims to analyze the application of the principle of justice in the legal accountability of Land Deed Officials (PPAT) concerning the annulment of deed of gift (hibah) by courts in Indonesia. The increasing number of annulments of gift deeds by the Supreme Court reflects a tension between the legal certainty of authentic deeds and substantive justice for the parties involved, particularly the heirs. This research employs a normative juridical method with a statutory, conceptual, and case approach. Data were collected through library research on primary legal materials such as legislation and court decisions, as well as secondary legal materials including books, journals, and expert opinions. The analysis was conducted qualitatively using a deductive method to interpret land law norms within the concrete cases of deed annulment. The findings reveal that the application of Aristotle’s distributive and corrective justice principles serves as the foundation for assessing the validity and fairness of gift deeds. Courts may annul formally valid deeds if they are proven to violate the principle of proportionality and harm the heirs’ rights, affirming that substantive justice prevails over administrative certainty. In this context, PPATs are not merely administrative officials but also act as guardians of substantive justice in land law practices. The study underscores the need for policy reform and the strengthening of PPAT professional ethics to ensure that deed-making procedures consider moral and social aspects of justice. Further research is recommended to adopt an empirical approach to evaluate public perceptions of justice in gift and land practices.