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Suherman, Heru Andryana
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Law, Crime, Criminology & Criminal Justice

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ALASAN MENDESAK SEBAGAI SYARAT DISPENSASI NIKAH DALAM UU NO. 16 TAHUN 2019: (Analisis Yuridis Terhadap Putusan Pengadilan Agama Sentani No.16/Pdt.P/2021/PA.Stn) Suherman, Heru Andryana; Marwah, Marwah
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v1i2.518

Abstract

The institution of marriage plays a significant role in the human experience. Law No. 16 of 2019 lays forth the general principles that will govern marriage law. Religious courts have the authority to waive or reduce the minimum age limit for marriage for those who are less than 19 years old for males and 16 years old for women. For the purpose of this study, we use a normative juridical method to investigate questions about the relationship between statutory and regulatory frameworks. Notwithstanding this, the courts often make exceptions when it comes to weddings. There is a critical need, as well as strong evidence, to redouble our efforts to limit the number of marriages that take place between children.
Artikel: Keadilan Sosial Divestasi Saham PT. Newmont Nusa Tenggara Barat Pasca Undang-Undang Cipta Kerja Suherman, Heru Andryana
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1277

Abstract

Share divestment policy aims to increase local participation in natural resource management and encourage equal distribution of economic benefits. However, the implementation of this policy often faces challenges. Undang-Undang Cipta Kerja which is known for its spirit of deregulation and ease of investment, brings significant changes in the regulation of share divestment in the mining sector. The research method used is a descriptive qualitative approach with literature review and policy analysis as the main methods. The results of previous research show that there is no loss to society due to overlapping regulations between the center and regions in investment control. The research results show that although Undang-Undang Cipta Kerja providing flexibility in divestment arrangements, social justice challenges remain. The example, limiting the role of local governments in share management and limiting local communities' access to share ownership can increase social inequality. Share divestment is not only an economic tool but also functions as a broader social justice mechanism, in accordance with the principles of sustainable and equitable natural resource management. The principles of Pancasila social justice, especially the fifth principle of social justice for all Indonesian people emphasizes the importance of fair distribution of the nation's wealth for the benefit of all the people. Principles of justice such as national ownership of natural resources, fair distribution of economic benefits for local communities, community empowerment, reduction of dependency, accountable supervision and balance of economic development and environmental conservation.
RELEVANSI TEORI HUKUM PEMBANGUNAN DAN TEORI HUKUM PROGRESIF DALAM PEMBENTUKAN TEORI HUKUM PANCASILA Suherman, Heru Andryana
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 4 No. 1 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v4i1.1703

Abstract

This study examines the relevance of the Theory of Development Law and the Theory of Progressive Law within the Indonesian legal system, with particular attention to their role in the developmental process toward the formulation of Pancasila Legal Theory. Pancasila Legal Theory is regarded as a normative foundation that not only reflects the fundamental values of the Indonesian nation but also serves as a philosophical, ideological, and juridical guide in the administration of national law. The research employs a normative legal method with conceptual and historical approaches, conducted through an in-depth examination of relevant legal doctrines. A descriptive analysis is applied to explore the position, function, and role of legal theory in shaping a national legal system grounded in the values of Pancasila as the source of all sources of law. The findings indicate that Pancasila Legal Theory plays a highly significant and strategic role as a foundational framework in the processes of lawmaking, implementation, and enforcement, guiding national law toward substantive justice, social benefit, and the identity and character of the Indonesian nation. Furthermore, this theory ensures that national legal reform remains consistent with the ethical and philosophical principles of Pancasila, thereby enabling the law to function effectively in achieving the goals of the state and the welfare of society.
Co-Authors Marwah Marwah