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Damhil Law Journal

DLJ
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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 46 Documents

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Disharmony of the Judiciary Authority against the Objects Execution of Sharia Economic Responsibility Ngadi, Ronal
Damhil Law Journal Volume 1 Issue 1 2021
Publisher : Universitas Negeri Gorontalo

Juridically the Court of Religion is a judicial institution that is authorized in examining, deciding and adjudicating and resolving the whole series of legal processes against disputes that occur in the field of sharia economy through the path of litigation (ordinary Court), including in executing the right of dependent objects of sharia economic cases that implementatively this is still a conflict or disharmony of authority between the judiciary rooted in the existence of conflict norms (ambivalence) contained in religious justice laws and sharia banking laws. In addition, the position of the contract or agreement also has consequences for the existence of the Court of Religion in the execution of the right of dependent objects of sharia economic cases, especially in the field of Sharia banking rooted in the unclear choice of the legal forum (choice of forum) contained in the agreement conducted by creditors (sharia banks) and debtors (customers), thus giving birth to bias and interpretation of multi-interpretation of the arising authority of other Courts which caused the Religious Court to lose its existence in resolving sharia economic disputes. Conflict or disharmony of authority that occurs between judicial institutions in the context of the execution of the right of sharia economic case dependent object in its implementation also provides legal implications for the position of debtors and creditors in the form of legal chaos (legal disorder) and legal confusion (confuse) in the community. It reflects the process of resolving cases that are counterproductive with legal certainty that is far from the principle of the simple justice system, fast and light costs and causes a decrease in the authority and credibility of the judiciary in the eyes of the public as an institution that carries out the duties of judicial power.

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

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.Â 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.

Responsibilities of PT. Bumi Putera Insurance Against Customer Claims Due to Default Actions Lukum, Silvana; Thalib, Mutia Cherawaty
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Insurance is the choice for customers in Gorontalo Province. Why is that based on the basic assumption that by insuring the company PT. Bumi Putra Gorontalo Branch will make it easier for customers to send their children to college. However, this hope vanished when many customers of PT. Bumi Putra Gorontalo Branch had problems after maturity and when submitting claims to the insurance company PT. Bumi Putra Gorontalo Branch, the insurer denied insurance payments for tertiary education for children who were insured who were not provided in accordance with the agreement in the PT.Bumi Putra insurance policy. The method used in this research is this type of research is empirical justice research, in other words it is a type of sociological legal research, also called field research. or law in action studies, which are seen from their nature including qualitative research. This legal research is studying the behavior of the people who are influenced by the existence of a rule or the behavior of the people that influences the formation of a rule based on primary and secondary data. Other studies that use inductive logic analysis describe a qualitative approach. Based on the results of the study, the insurance company PT. Bumi Putra, Gorontalo branch, had defaulted on customers in Gorontalo province, but the insurance company, PT. Bumi Putra, the Gorontalo branch, denied that it had not acted in default, but said customers would fulfill their obligations according to what agreed in the insurance policy with the customer.

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

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.

Inheritance Distribution in The Javanese Tondano Community Bempa, Sofyan Winandi Putra; Puluhulawa, Fenty U.
Damhil Law Journal Volume 1 Issue 1 2021
Publisher : Universitas Negeri Gorontalo

The purpose of this study was to analyze the inheritance distribution system of the Tondano Javanese people in the village of Tondano Reksonegoro and the settlement of inheritance disputes that occurred through the Alternative Dispute Resolution (ADR) for the Tondano Javanese community in Reksonegoro village, Tibawa district, Gorontalo regency. The nature of this research is descriptive qualitative with a socio-legal approach methodâ€”data obtained through direct interviews with subjects or informants. The data analysis technique consists of 4 steps: data collection, data reduction, data entry, and conclusion drawing or verification. The division of inheritance with a will is practiced by theTondano Javanese people in Reksonegoro Village, Tibawa District because there is a high possibility of disputes between the heirs. The division of inheritance with a will is also based on the suitability of the following three things, namely personal experience, seeing the surroundings/surroundings, and messages from parents. Results analysis of property dispute resolution through Alternative Dispute Resolution (ADR) in the Tondano community in Reksonegoro village, namely consultation, negotiation, and mediation. The three forms are widely used sequentially according to stages. The reasons for resolving property disputes through the Alternative Dispute Resolution (ADR) route are (1) upholding the principles of Ampit Watu Esa Pelayas, (2) Cultivating the cultural value of deliberation for consensus, (3) Upholding the value of gotong royong, (4) Reluctance towards settlement through court institutions, (5) Maintaining the pam or the good name and honor of the family, and (6) Preventing disputes from getting bigger and too long.

Underage Marriage Review Post Latest Marriage Law Abdjul, Mohammad Fajar; Kasim, Nur Mohamad; Ismail, Dian Ekawaty
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

The purpose of this study is to find out about underage marriages after the enactment of the latest marriage law and see how effective the enforcement of the law is and what efforts have been made by the Office of religious affairs against the latest law, which discusses the existence of underage marriages. The research method used is normative, with the statute and contextual approaches. The results of the study show that underage marriages after the entry into force of Law number 16 of 2019 are allowed on the condition that they request a letter of dispensation and are accompanied by urgent reasons and also include supporting evidence and the effectiveness of the latest marriage law in Pohuwato Regency it can be considered ineffective and requires in-depth evaluation because of the high number of underage marriages. Because of this, the Office Of Religious Affairs of Marisa district continues to conduct outreach related to the enforcement of marriage under the law, as regulated in the latest marriage regulations. The government is expected to revise law no. Married even though he is underage, not only in Article 7 paragraph (2), which says the parties' parents can ask the court for dispensation with urgent reasons accompanied by evidence.

Legal Protection Perspective of Underage Marriage Asmara, Ayu
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

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.Â 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.

Dispute Settlement Model of Land Acquisition for Public Interest Bokings, Julia Citra Riski
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

This study aims to analyze obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency, as well asformulatethe ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency. This type of research uses empirical research, by using a statutory approach, a conceptual approach, and a case approach. Sources of data used are primary data and secondary data. The data that has been completed is analyzed using qualitative descriptive. Based on the research results that have been described, there are several findings in this study, namely (1)There are obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency. The first obstacle is related to legal factors where in terms of legal substance, there is a regulation on the use of consignments as a safe-keeping of compensation private law provisions which shift to public law provisions. And the second obstacle is the determination of compensation, which should be based on an agreement with the land owners, turned out to be unilaterally determined by the Land Procurement Committee. estimate the amount of compensation for the holders of land rights.(2) The ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency, namely the non-adjudication settlement model, namely through deliberation where all parties involved carry outactivities that involve listening to each other, giving and receiving mutual opinions, as well as a desire to reach an agreement on the form and amount of compensation and other issues related to land acquisition activities on a voluntary basis. As well as a settlement model by adjudication or through a court route, where the Court has the authority to decide the amount and form of loss given to the holder of land rights whose rights are affected by land acquisition for development in the public interest.

Proof of Marital Status Not Recorded on Family Card Taufiqullatif, Muhammad
Damhil Law Journal Volume 1 Issue 2 2021
Publisher : Universitas Negeri Gorontalo

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. Â 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.

The Political Party's Transparency in Financial Assistance Management by Law Number 2 of 2011 on Political Parties Piyo, Sofyan; Kasim, Nur Mohamad; Wirasaputri, Nina Merantie
Damhil Law Journal Volume 1 Issue 1 2021
Publisher : Universitas Negeri Gorontalo

This research affords an analysis of political party's transparency in financial assistance management in political parties from the regional budget in Gorontalo District. This research is carried out in five political parties with the most seats in the Regional Representative Council in Gorontalo District, i.e., Golongan Karya party, Demokrat Indonesia Perjuangan party, Amanat Nasional party, Nasional Demokrat party, and Demokrat party. This is empirical research. Results demonstrate that the political parties do not apply transparency in managing financial assistance from the regional budget.

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Nur Kasim

Contact Email
dlj@ung.ac.id

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+628124423987

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dlj@ung.ac.id

Editorial Address
Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

INDONESIA

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nur Kasim

Contact Email dlj@ung.ac.id

Phone +628124423987

Journal Mail Official dlj@ung.ac.id

Editorial Address Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia

Location Kota gorontalo, Gorontalo INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nur Kasim

Contact Email
dlj@ung.ac.id

Phone
+628124423987

Journal Mail Official
dlj@ung.ac.id

Editorial Address
Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia

Location
Kota gorontalo,

Gorontalo

INDONESIA