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All Journal JUSTICES: Journal of Law
Terbit Fajar
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Religion Law, Crime, Criminology & Criminal Justice

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Intervention on the Status of Unwed Children After the Constitutional Court Decision Terbit Fajar
JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i3.23

Abstract

Intervention on the status of children out of wedlock after the decision of the constitutional court and what constitutional judges considerations in issuing Decision Number 46 / PUU-VIII / 2010. This type of research is a type of normative legal research with a statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used is the literature study technique and then arranged descriptively and systematically. The results showed that (1) Since the Constitutional Court ruling No. 46 / PUU-VIII / 2010, an extramarital child can have a civil relationship with a man as his father if it can be proven by science and technology that the child has a blood relationship with the man. (2) Children are the result of a mother and father relationship either because of sexual relations or because other actions are in accordance with technological developments that can cause pregnancy, therefore the Constitutional Court judge granted judicial revew of Article 43 paragraph (1) of the 1945 constitution.
Application of Administrative Sanctions in Decisions on State Administrative Cases at the State Administrative Court Terbit Fajar; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i4.24

Abstract

In carrying out its duties and authority, it is felt that the State Administrative Court (PTUN) in Indonesia has not met the expectations of the people seeking justice. This journal discusses the application of administrative sanctions, the obstacles they face and the concept of effective application of administrative sanctions in TUN case decisions at the Semarang PTUN. The research method is socio legal. The results of the research are first, the application of administrative sanctions in TUN case decisions at the Semarang PTUN is not optimal. Second, the obstacles are low awareness of TUN Officials, lack of active participation from the Defendant and lack of supervision, there are no regulations regarding a special budget. Third, the concept of effective implementation is that there is a legal basis for the PTUN to include administrative sanctions in its decision, revise the provisions of the relevant articles, there needs to be a clear commitment from the TUN Agency or Officials and their superiors, the need for supervision.
Co-Authors Arif Wibowo