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Tinjauan Yuridis Diskresi pada Birokrasi Digital Intan Lovisonnya; Astrid Amidiaputri Hasyyati
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2850

Abstract

Digital bureaucracy is a new bureaucratic system that arises because of globalization, as well as a substitute for the classic bureaucratic concept, namely paper-based bureaucracy. Digital bureaucracy has a role in improving the good governance system, by increasing the four indicators of good governance principles, namely transparency, accountability, efficiency and effectiveness. Indonesia can take advantage of the existing demographic bonus. Human resource management as the foundation for running the digital governance wheel is an important key. Adoption of technology in various public service sectors and supported by human resources with high digital adaptability is expected to increase the competitiveness of our governance. The state has a goal in realizing the welfare of its people. So that the state needs to do various things in meeting the needs of the community through the implementation of public services. In order to meet the needs of the community to run well, the urgency related to the quality of public services is very large. As for what affects the quality of public services, one of them is internal factors, namely discretionary authority,actions determined, carried out by government officials to overcome concrete problems faced in the administration of government in terms of laws and regulations that provide choices, do not regulate, are incomplete or unclear,there is government stagnation. Discretion is used by the government for and on behalf of positions, carried out within the formal environment of the authority of government officials, its implementation is directed at effectiveness and efficiency, and must be in accordance with AUPB, and based on the principle of rationality. Any use of government officials' discretion is aimed at facilitating government administration, filling legal voids.
Conflict over the Norms of Inter-Religious Marriage: Challenges in Integrating Human Rights Faisol, Syahid; Heppy, Heppy Hyma Puspytasari; Hermono, Budi; Hikmah, Nurul; Astrid Amidiaputri Hasyyati
Nusantara Journal of Multidisciplinary Science Vol. 2 No. 3 (2024): NJMS - Oktober 2024
Publisher : PT. Inovasi Teknologi Komputer

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Abstract

Marriage is a legal event which is a right for every person in Indonesia. According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning marriage, a marriage is valid if it is carried out according to the laws of each respective religion and belief. This norm provides an understanding that a marriage will be recognized by the state if it is carried out by a man and a woman under the same religion, the promise is recorded afterwards as intended in Article 2 paragraph (2) of the UUP. Registration at the civil registry office accepts registration of inter-religious marriages as regulated in Article 35 letter a of Law no. 23 of 2006 in conjunction with Law no. 24 of 2013 concerning Population Administration through Court permission. Furthermore, the Supreme Court issued SEMA No. 2 of 2023 concerning Instructions for Judges in Adjudicating Marriage Cases between People of Different Religions and Beliefs. This article discusses the conflict of norms that arise in the arrangement of interfaith marriages in Indonesia, especially in the context of the integration of human rights. By using juridical and social analysis. The main focus is on the influence of SEMA No. 2 of 2023 regarding legal certainty and harmonization in marriage arrangements in Indonesia. The results of this research show a conflict of norms between Law no. 1 of 1974 concerning Marriage which regulates norms prohibiting interfaith marriages implicitly and Law no. 23 of 2006 concerning population administration which provides opportunities for legalizing interfaith marriages. The challenges faced in integrating regulations and human rights show that judges have different views in determining requests for interfaith marriages, which in the end can have legal and social impacts on society