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Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia
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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 45 Documents
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The Consequences of Sex Recession in Indonesian Marriage Law Perspective Zakaria, Nursusilawati; Kasim, Nur Mohamad; Towadi, Mellisa
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2402

Abstract

This article aims to find out and describe the legal consequences of the sex recession in Indonesia from the perspective of marriage law. The research method used in this study is the normative research method with a literature study approach. The results of this study indicate that marriage recession is a phenomenon and is a necessity in marriage law in Indonesia. When referring to the legal basis of marriage and in the compilation of Islamic law, there is no prohibition on delaying marriage based on the reasons for one's self-development. However, this will impact the legal condition of marriage in Indonesia in the future. Referring to the marriage law and the compilation of Islamic law, the term postponement of marriage is not explicitly mentioned. It is more about preventing marriage. In the Marriage Law, the Prevention of Marriage is regulated in III, which consists of Article 13 to Article 21. Meanwhile, in the compilation of Islamic law, marriage prevention is regulated in Chapter X, divided from Article 60 to Article 69.
Ideal Concept of Goods/Services Procurement Regulation for Pandemic Emergency Situations Pracaya, Nikodemus; Puluhulawa, Fenty U
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2443

Abstract

The purpose of this article is to find corrective material for regulating the procurement of goods and services in an emergency / pandemic. The research method used in this research is the normative research method by taking a statute approach and a case approach. The results of this study indicate that there are serious challenges in complying with laws and regulations related to handling the Covid-19 Pandemic in 2020. Where the BPK finding number is the tip of the iceberg phenomenon of irregularities that may be committed by local governments. Where most of the local governments are not equipped with adequate evidence of price reasonableness. Therefore, the price of goods must be based on adequate price reasonableness documents, but most of the appointed goods and services providers do not have/will not submit evidence of adequate price reasonableness. This raises suspicions about whether the high price disparity is really a real economic phenomenon or just a fabrication by individuals trying to take advantage of the situation. In addition, there is an obligation from the Internal Auditor to conduct an audit of price reasonableness, but it was not carried out. In addition, BPK as an external auditor was also unable to conduct a maximum inspection due to constraints with the Health protocol and online audit system. This makes the opportunity or potential irregularities in financial management large and even undetectable.
Analysis of SiBakul Jogja Regulations as a Strategy to Strengthen Micro and Small Enterprises Agus, Yoga Mulya; Murwadji, Tarsisius; Mulyati, Etty
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2497

Abstract

This study aims to analyze the regulation of registration requirements as a seller in the Marketplace owned by the Regional Government in terms of the concept of MSE empowerment in Government Regulation Number 29 of 2021 concerning the Implementation of the Trade Sector and the regulation of commission fees in the Marketplace owned by the Regional Government in terms of the concept of MSE empowerment in Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (UMKM Law). The research method used in this research is normative legal research using a statutory approach. Based on the results of the research, two things can be concluded. First, Marketplace Si Bakul is in line with the concept of MSE Empowerment in Government Regulation Number 29 of 2021 concerning the Implementation of the Trade Sector, especially in Article 58. Second, the commission fee at Marketplace Si Bakul is different from the concept of MSE empowerment, as stated in Article 9 Letter B of the UMKM Law.
Utilizing Prisoner Assimilation in the Midst of the Covid-19 Pandemic Akbar, Andi Armansyah
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2512

Abstract

The purpose of this study is to find out more about how to utilize the assimilation of prisoners in the midst of the Covid-19 pandemic.  The research method used is normative legal research using a statutory approach. The results of the research in this study are that the assimilation of prisoners in the midst of the Covid-19 pandemic is a step by the government in this case the Minister of Law and Human Rights in an effort to prevent the spread of the covid-19 virus in prisons en masse. In addition, it provides utility for prisoners and the government in terms of comfort and security in LAPAS due to the reduction in occupant capacity from 99% overcapacity to 79% so that there are also budget savings from the state in terms of care and health more specifically food ingredients for prisoners.
Understanding Criminal Liability for Pornography in Cyberspace Based on the Pattern of Distribution Pratiwi, Ratu Indra Kasih
Damhil Law Journal Volume 4 Issue 1 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i1.2511

Abstract

The purpose of this research is that criminal liability for the distribution of sexual intercourse videos cannot be imposed directly on the actor or perpetrator. This is because Law Number 44 of 2008 does not criminalize the act of recording and storing videos of sexual intercourse for personal use. The research method used in this research is a normative research method with a statutory approach, namely by examining all laws and regulations related to the legal issues discussed.  Clarified by using a case approach, namely examining other similar cases related to the legal issues being studied. The results of this study Regarding the criminal liability of the actor of the sexual intercourse video scene must be based on proving his guilt in the series of events spreading pornography in the form of a video so that it is believed to be legally subject to punishment. Is it true that the maker wants the pornography in the form of video to be spread to the public space either between electronic media and social media or not at all.
Legal Considerations in Appointing a Marriage Guardian for a Child Born Out of Wedlock Limonu, Hardiyanto Putra
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2039

Abstract

Marriage, as a sacred bond encompassing both physical and spiritual dimensions, necessitates recognition under positive law. This study aims to identify and analyze the legal status of marriage guardians for children born out of wedlock and the factors influencing the determination of such guardianship in Gorontalo City. Utilizing an empirical research approach, the study examines relevant legal frameworks and administrative practices. The analysis reveals that in Gorontalo City, the legal status of marriage guardians for children born out of wedlock is generally assigned to a court-appointed guardian. However, if the child is born more than six months after the parents' marriage, a lineage-based guardian may be appointed instead. Additionally, nine Religious Affairs Offices consistently apply the same legal status for children born out of wedlock. The factors influencing the determination of marriage guardianship in Gorontalo City include the completeness of the prospective bride and groom's documentation. The findings highlight the importance of standardized legal procedures to ensure the protection and welfare of children born outside of marriage.
Application of the Justice Principle for Debtors in Mortgage Rights Auctions and Releases Yahya, Septian Risaldi; Al Ismariy, Muhammad Nur Karim; Ahmad, Ridho Sa'dillah; Wijayanti, Siti Nur; Sufa, Shaine Veila
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2567

Abstract

Banks, as essential financial institutions, play a critical role in facilitating businesses by providing loans secured with collateral, such as mortgage rights or land certificates. Auctions of collateral encumbered with mortgage rights often face challenges stemming from injustices perpetrated by creditors or debtors. This study aims to explore legal remedies available to debtors when the limit value is set below fair market value and to assess how the principles of justice are applied in mortgage collateral auctions. By analyzing the application of justice principles, procedural frameworks, and legal remedies, this research provides insights into improving auction processes and safeguarding debtor rights. Clear and equitable methods for setting limit values, combined with effective dispute resolution mechanisms, are essential for fostering a fairer and more transparent auction system. This research employs a normative legal methodology, utilizing primary data from webinars and seminars related to mortgage collateral auctions, particularly those organized by KPKNL, and secondary data from legal documents such as the Civil Code, Mortgage Rights Law, PMK on Auction Implementation Guidelines, and Indonesian Valuation Standards. The study underscores the critical importance of procedural justice in mortgage collateral auctions, highlighting the need for reforms in determining limit values. While existing procedures provide a legal foundation, the presence of regulatory gaps necessitates further attention to ensure auctions align with principles of justice and do not disadvantage debtors. Revising regulations and adopting improved practices will support the implementation of fairer and more efficient auctions.
Examining the Application of Dignified Justice Theory in Indonesia's Online Gambling Law Enforcement Al Ismariy, Muhammad Nur Karim; Wispriyanti, Luthfi Eka; Ahmad, Ridho Sa’dillah
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2649

Abstract

This study aims to analyze the application of the theory of dignified justice in the regulation and enforcement of laws against online gambling perpetrators in Indonesia. The research also examines the effectiveness of existing regulations and the challenges in their implementation. Using a normative legal approach, this study reviews the applicable legal frameworks, such as Law No. 7 of 1974 on the Regulation of Gambling and Law No. 11 of 2008 on Information and Electronic Transactions (ITE), which provide a legal basis for addressing online gambling. The findings show that although regulations are in place, their implementation is hindered by technological limitations, a lack of legal awareness, and suboptimal coordination between agencies. The application of the theory of dignified justice, which emphasizes the protection of human rights, has not been fully reflected in the legal policies toward online gambling offenders, particularly in terms of proportional justice. This study recommends improvements in regulations and law enforcement to make them more responsive, transparent, and oriented toward social justice, thereby providing better protection for the public and ensuring dignified law enforcement.
Critical Analysis of the Implementation, Societal Conditions, and Issues Surrounding the Enforcement of Law No. 16 of 2019 Amending Law No. 1 of 1974 on Marriage in Indonesia Novianti, Fatma; Prasetyo, Muhammad Imam; Maulana, Muhammad Zidan; Hidayah, Oktinyana Nurul
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2566

Abstract

There are various problems that occur in the practice of implementing marriage related to the substance of the applicable Law, the lack of public understanding of the applicable regulations, causing problems to still occur, such as early marriage related to the age limit for marriage which is considered to still cause problems for one of the parties. Discrimination against women and the unfulfilled rights and obligations of each party after carrying out marriage, various studies related to the Marriage Law are carried out in order to improve the rules and public understanding of the regulations applied. This research method uses a qualitative descriptive explanation which describes the studies carried out and how the rules of the Law are applied and the problems that occur in society. The implementation of marriage carried out between women and men each has rights and obligations that must be fulfilled and implemented, but the age difference causes various problems in society, especially for women who have a lower age limit than men, causing discrimination against women and other problems such as health, economic, and social factors that are still not considered balanced, therefore it is necessary to conduct various studies regarding the Law related to marriage so that problems and practices in society are appropriate and evenly distributed.
Fulfillment of Wife's Nafkah Rights: Identification of Constraints and Implications for Household Harmony Habibie, Imsaskia Zalzabilha
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2700

Abstract

The fulfillment of a wife's right to maintenance is a fundamental obligation in the marital relationship that relates to the physical and emotional well-being of the couple. Economic factors play a huge role in this fulfillment, as the inability of husbands to provide sufficient maintenance is often a source of tension in the household. This study aims to identify the impact of economic factors on household harmony, especially in the context of wife's fulfillment of maintenance. Based on qualitative analysis, this study found that a husband's inability to fulfill his maintenance obligations can lead to feelings of pressure, anxiety and inferiority in the husband, as well as dissatisfaction and a sense of abandonment in the wife. In addition, financial strain often worsens communication between spouses and leads to conflict in their relationship. The study also shows that while many wives contribute economically, these contributions are often not recognized in the fulfillment of maintenance. Therefore, this study suggests the importance of open communication and mutual respect between husbands and wives, as well as the role of family and community support to overcome economic problems. In addition, women's economic empowerment and government programs to help families in economic difficulties are also important steps to create harmony in the household. This research provides new insights into the relationship between economic factors and household harmony, and offers solutions that can be applied to improve the quality of family life.

Page 4 of 5 | Total Record : 45

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