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Damhil Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 28087143     DOI : https://doi.org/10.56591/dlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Volume 1 Issue 2 2021" : 5 Documents clear
Women and Children's Rights Claims in a Disclaimer Case at Religious Courts Sunyoto, Sunyoto
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.283 KB) | DOI: 10.56591/dlj.v1i2.855

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.
Ex Aequo et Bono as a Manifestation of Legal Justice for Society Huda, Arsha Nurul
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (962.406 KB) | DOI: 10.56591/dlj.v1i2.1039

Abstract

One of the principles that can be taken by judges as part of the implementation of the freedom of judges in the enforcement of the verdict is by the way of applying the principle et aequo et bono. The application of the principle of ex aequo et bono still invites a lot of debate. Furthermore, the existence of the principle ex aequo et bono is sometimes considered Contrary to the arrangement of the ultra petita principle.This research aims to identify the existence of the principle of ex aequo et bono in civil event law in Indonesia and analyze its application practices to find out how the implications of applying the principle in the fulfillment of justice for society. The research was conducted by approaching the legislation and consideration of judges using primary legal materials in the form of Law No. 48 of 2009 on Judicial Power and secondary legal materials in the form of written works relevant to the application of the principle of ex aequo et bono to be analyzed comprehensively.The results showed that the application of the principle of ex aequo et bono is basically a juridical act that has a legal basis and the Judge remains bound by the terms of speech. The application of the principle of ex aequo et bono provides an opportunity for judges to perform ex officio actions based on the view of justice so that the judge's decision serves as a counterweight that is not only limited to deciding the case, but also resolving the problems that have been filed.
Reconstruction of Article 280 Section 1 Law Number 7 of 2017 concerning Election Hamzah, Yusuf
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (996.997 KB) | DOI: 10.56591/dlj.v1i2.798

Abstract

This study aims to analyze the regulation of Article 280 paragraph (1) of Law Number 7 of 2017 concerning general elections by the Gorontalo Province Election Control Board. This research belongs to the type of sociological or empirical research with a qualitative research approach. The data analysis technique used in this research is using qualitative data analysis. The results of this study indicate that the form of regulation carried out by Election Control Board is through 2 (two) things, namely prevention which includes socialization to the community, political parties, government, related to early prevention of violations of Money Politics. and coordinate with related parties as well as take action against the alleged practice of Money Politics in the 2019 legislative elections covering the entire area of the Election Control Board of Gorontalo Province. The urgency of the ideal regulation of preventing the practice of Political Money in the Legislative Elections is 1). Revise article 280 paragraph (1) of Law Number 7 of 2017 concerning Elections by changing the redaction of the sentence “Executor, Participant or Campaign Team” to “Everyone”; 2). Implementation of political education to the public involving political parties, Election Control Board, Electoral Commission, Attorney General's Office, and the National Police; 3). As well as increasing the time for handling violations of Money Politics practices by the Election Control Board.
Form of Judge's Consideration Against Dispensation Early Marriage Ali, Abdul Rahman A.; Puluhulawa, Fenty U.; Tijow, Lusiana M.
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (906.916 KB) | DOI: 10.56591/dlj.v1i2.1094

Abstract

The study aims to analyze the judgment of judges in granting early marriage dispensation at the Gorontalo Religious Court. This research belongs to the type of normative legal research with a statutory approach and a case approach. The data analysis technique used in this research is using qualitative data analysis. The results of this study show that the considerations of judges are classified into two, namely legal considerations and considerations of community justice. The negative impact arising from marriage under the age of marriage dispensation is: Husband and wife who marry under the age of age are prone to divorce; In terms of reproductive health prone to death in children and mothers; There will be a to poor; There is child exploitation. Positive Impact on the establishment of early marriage dispensation is: Useful to continue the chain of offspring; Can maintain and maintain the genitals; It can make Muslims more responsible; The achievement of peace and tranquility between husband and wife; Marriage plays a role in helping to maintain people's lifestyle.
Proof of Marital Status Not Recorded on Family Card Taufiqullatif, Muhammad
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (637.553 KB) | DOI: 10.56591/dlj.v1i2.716

Abstract

The Family Card is an authentic deed whose evidentiary power is binding and perfect. The family card should be perfectly crafted, and there are no errors or doubts of the data in it. If there are changes in data should be immediately reported and corrected to the authorized agencies. Making family cards and birth certificates without attaching a marriage certificate citation according to the latest regulations has degraded the correctness of the data in the family card. In proving the status of marriage in the family card basically must still attach a marriage certificate citation because the marriage certificate quote is the only evidence that proves the validity of marriage for Muslims in Indonesia.  Even if the manufacture of Family Card is allowed with a Statement Of Absolute Responsibility and 2 (two) witnesses, it should still be examined conditions harmoniously. There is no violation of the prohibition of marriage to prove the validity of the wedding because based on the fact of the marriage will bring up the name of the father in the column of parents of the child. The purpose of this study is so that policymakers and product users do not misinterpret or interpret the description "undocumented marriage" on the family card. The research methodology of this journal is a descriptive normative approach that is qualitatively analyzed based on research on legislation and books and periodicals on marriage and marriage recording.

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