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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 2 Issue 2 2022" : 5 Documents clear
Islamic Law's Impact on Wives, Children, and Wealth in Contract Marriages Lumingkewas, Jitha Kemala Putri
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (709.871 KB) | DOI: 10.56591/dlj.v2i2.1744

Abstract

The purpose of this article is to find out the impact of Islamic law on wives, children, and property in contract marriages.  In this writing, the author uses a normative research method where this method is a legal research method that is carried out by examining library materials or secondary data. The results of this study indicate that the legal arrangement of contract marriage (nikah mutah) in the perspective of the Marriage Law is an invalid marriage and has no legal force, the legal consequences of contract marriage on the position of the wife and children are that the wife must carry out all obligations as a wife and the status of the child born is a child born illegally, because the marriage of his parents is not registered in a legal marriage. If the marriage ends with a contract marriage, then there is no division of joint property, even though the property was produced during the marriage. In addition, there is no right of inheritance from the contract wife to the contract husband.
Problems and Obligations in the Division of Children's Inheritance According to Islamic Law Kamumu, Yulin
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (698.968 KB) | DOI: 10.56591/dlj.v2i2.1754

Abstract

Islamic law establishes the rules of inheritance in a very organized and just manner. When the right of ownership of property is established for every human being, both men and women in a legal way. The purpose of this article is to find out the problems and obligations in the division of children's inheritance according to Islamic law.  In writing this research, the method that the author uses is normative juridical research method with data sources using secondary data. the result of this study is that there are still many people who do not know about Islamic inheritance law, so it is necessary to reflect fair inheritance law, namely by paying attention to the conditions that must be met before the distribution of inheritance in order to achieve happiness and justice. Because the principle of Islamic law is for the benefit of the people or rahmatan lil alamin, which is a mercy to reach consensus and not ally in things that are not pleased by Allah.
Legal Protection For Children in The Womb Outside Of Legal Marriage Botu, Susanti I
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (690.357 KB) | DOI: 10.56591/dlj.v2i2.1769

Abstract

This article explains the law on children out of wedlock or children out of wedlock that are legitimate. Initially, the laws and regulations in Indonesia only regulated the status of legitimate children, because based on a legal marriage, all rights are attached to the rights of children. Meanwhile, children out of wedlock or children out of wedlock are only entitled to civil law protection from the mother's side or the mother's family.  The research method used is to use normative literature research methods by using various literature in the form of library materials which are library research or secondary data. The results of the research are as recognized by the Convention on the Rights of the Child which has been ratified by Indonesia through Presidential Decree No. 36 of 1990. The ambiguity of the existing law regarding extra-marital children requires the harmonization of legal norms to ensure justice, expediency, and legal certainty. Initially, Indonesian law only protected the legal status of legitimate children born in marriage, so that illegitimate children only received civil protection from their mother or their mother's family. However, Constitutional Court Decision No. 46/PUU-VIII/2010 has equalized the legal status of legitimate and illegitimate children, ensuring they receive the same legal protection. This decision immediately overturned previous provisions that limited civil rights to the mother's side, granting equal legal standing to illegitimate children.
Legal Protection Perspective of Underage Marriage Asmara, Ayu
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (599.906 KB) | DOI: 10.56591/dlj.v2i2.1743

Abstract

In Indonesia, when it comes to marriage, it is regulated that the legal age limit for marriage is 19 years for men and 16 years for women. The purpose of this study is to determine the perspective of legal protection against child marriage. This research uses normative juridical research methods, by prioritizing secondary data in the form of primary legal materials derived from laws and regulations related to the studies discussed, as well as using relevant literature. The results in this study are from the perspective of the Marriage Law, the consequences of underage marriage are clearly contrary to the purpose of marriage. With the existence of underage marriage, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Regulations for the Implementation of Law Number 1 of 1974 are less effective.  With the existence of underage marriage, there are many cases of divorce because the marriage is carried out by children who are still underage, so they cannot fully carry out the purpose of marriage as stated in the legislation.
Non-Litigation Resolution of Business Use Rights Disputes Between PT. Lebuni and Shareholders Razak, Ferli; Dungga, Weny Almoravid; Mandjo, Julius T.
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.005 KB) | DOI: 10.56591/dlj.v2i2.1750

Abstract

The purpose of this research is to find out the non-litigation settlement of the business use right dispute between PT Lebuni and the shareholders. The method used in this research is empris research method which is used as a method to examine a legal provision that applies, as well as how the realization and reality of these provisions in community life. The results of this research are The arable land dispute occurred between the Bukit Tinggi Village community and PT Lebuni Plantation. This dispute was triggered by an agreement between the directors of PT Lebuni and the community, in which of the 250 hectares of land registered in the Cultivation Rights Title, 150 hectares were given to farmers to work on, while 100 hectares were controlled directly by the company for industrialization purposes. The dispute arose when the Director of PT Lebuni decided to take control of the land cultivated by the farmers, which was their source of livelihood. This decision was taken to meet the needs of the company, but it has the potential to harm the farming community in Bukit Tinggi Village, because it ignores the distribution of land according to plantation use rights.

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