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INDONESIA
PARENTAL
Published by Universitas Sebelas Maret
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Articles 64 Documents
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PENERAPAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 KE DALAM PUTUSAN HAKIM ,, Raharjo Ari Nugroho; ,, Ageng Marta Kusuma
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract This research aims to find out the application of Article 9 of Act Number 23 of 2004 about the Domestic Violence Removal into the Judge of Religion Court’s verdict so that the judge’s verdict can fulfill the feeling of justice for the victim due to the domestic negligence action and to find out the factor causing the domestic violence, the form of which is negligence in household. This study belongs to a normative law research that is descriptive in nature. The data of research included primary and secondary data. The primary data was the main data of research. Meanwhile the secondary data was used to support the primary data. Techniques of collecting data used were library study and interview methods. The data obtained was then analyzed using an analytical descriptive method. The result of research showed that majority judges of Religion Court have not had sensitivity in deliberating their verdict by including the Domestic Violence Removal Act into legal deliberation in adjudicating the divorce case. In practice, the judges of Religion Court still rarely integrate such the act that is expected to minimize the domestic violent action. The benefit obtained from this research was that it gave a description about the problem studied and could be used as the input material to those experiencing and involved directly in this problem. Keywords : Application, Domestic Violence, Judge’s Verdict
RESTORATIVE JUSTICE DALAM HUKUM PIDANA ADAT ,, Anti Mayastuti
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract The concept of restorative justice is one type of alternative sentencing in the criminal justice system in line with the purpose of criminal sanctions in accordance with the concept of customary law, restore the cosmic balance, a balance between the world born with the spirit world, to bring peace between fellow citizens or between community members and the community. Punishment must be fair, that is perceived as fair punishment either by the prisoner or by the victim and the community, thus disturbances, imbalances or the conflict will be lost. Alternative Punishment Theory of Restorative Justice is in accordance with the traditions, customs and culture of Indonesian society that has long developed and practiced in Indonesia through the representation of Indigenous Peoples lives in Indonesia, which is still showing its existence in the reality of the lives of the people of Indonesia through the great value "deliberation to reach an agreement". Keywords: restorative justice, indigenous people, deliberation to reach an agreement
STRATEGI PENGEMBANGAN EKONOMI ISLAM DI LEMBAGA KEUANGAN SYARI`AH "DINAR GROUP" ,, Zeni Luthfiyah
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract Economic systemof Shariais consideredto havea specialmarketsegmentandpromising, namelyMuslimswhoconstitutethe majority ofthe Indonesian population. This systemwillbeone of theefforts to realizethe ideals ofcivil society, althoughstillalwaysappearconceptualdebateabouttechnicalimplementation, marketing of products, as well asinterms of reachingthe positionineconomic policy at the state level. This studyintends toexposeaboutways thatdothe practitionersof Islamiceconomicsinthe GroupDinarpreachIslamiceconomic systemandits institutionsas well as effortsto buildresiliencein the face ofchallengesandconstraintsthat accompany it. especially with regard tothe pattern ofrelationshipcoaching is donebythe managementgroupof thebranches, and thestrategies usedin the face ofcompetitionin the same sectorincludingproduct adaptationservices to the needsof customersinthe environment. Keywords: Economic system of sharia, Strategy, Dinar Group
KEKERASAN TERHADAP ISTRI DAN IDEOLOGI KELUARGA ,, Gayatri Dyah Suprobowati
PARENTAL Vol 1, No 3 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract This research aims to identify how women in this case the wife get experience in reality when the conflict with the law. Methods to be used is a qualitative research method with the data taken from the observation, interviews and focus group discussions with the Implementation of the victims of domestic violence. As a conclusion, need to follow the proper steps to eliminate discrimination against women in all matters relating to marriage and family relations on the basis of equality between man and women . Keywords : violence, wife, ideology of family.
IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT DALAM UPAYA MENGENTASKAN KEMISKINAN (KAJIAN TERHADAP MEKANISME DAN KINERJA LEMBAGABADAN PENGELOLA ZAKAT DI KOTA SURAKARTA) ,, Mohammad Adnan; ,, Zeni Lutfiyah; ,, Agus Rianto
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract The existence of zakat institutions, there are Badan Amil Zakat Nasional (BAZNAS) and Lembaga Amil Zakat (LAZ), is one of the positive response of the government in implementation of zakat management in Indonesia. This research is an empiric research. The location of this research is in BAZNAS Surakarta, Solo Peduli Ummat Foundation and Lazis UNS. This research talks about the mechanism of zakat management in Surakarta starts with collecting until distributing, then about the charitable organizations programs and also about the relation between the organizations performance with the policy of Surakarta City Government in order to reducing poverty. The result of the research and the study show that there are variation and innovation in managing zakat from the zakat institutions in Surakarta start with collecting until distributing. Then the relation between the performance of Surakarta City Government and charitable organizations is very low. It is showed with there is no coordination from both of them that make no synergy of the programs in order to reducing poverty. It is only a few special programs from zakat institutions in order to reducing poverty in Surakarta for example is provision of capital. The use of funds is dominated by charity program or consumptive programs. Key words: Zakat, zakat institutions, distribution of zakat, reducing poverty.
ANALISIS MENGENAI NASAB DAN HAK WARIS ANAK HASIL PERKAWINAN BAWAH TANGAN (ANAK LUAR KAWIN) MENURUT HUKUM ISLAM ,, Noor Arini Haq; ,, Rosikhoh Umdatul Ulya
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract Islamic law had different views with positive law in terms of the definition lawful marriage. In islamic law, marriage said to be valid if has qualified and made it so pillars, so there are no additional terms as set forth in positive law (Act No. 1 of 1974 about marriage), as the marriage valid if the set that has been noted to the Institution of marriage Registrar. Difference in this view then impacted the setting will be the “nasab” (relationship) to the mating with her parents, and heir on the rights of the child marriage. Islamic law stipulates that children outside of marriage not only has “nasab” by her mother and her mothers family. The child is also not entitled to obtain the right heir of his father. Nevertheless, based on the ruling of the Constitutional Court No. 46/PUU-VIII/2010 children outside marriage can still obtain his rights along can be proven through medical and medical apparatus that dad in question is indeed his biological father realilty is. Keywords : Forbidden, children outside of marriage, inheritan
ANALISIS YURIDIS PENGAKUAN KEBERADAAN MASYARAKAT HUKUM ADAT DALAM UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL ,, Regita Kurnia Hapsari
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract This research was conducted to obtain an overview of the legal recognition of indigenous peoples in the presence of Law Number 20 of 2003 on the National Education System. The Law materials are Law Number 20 of 2003 on the National Education System and some publications are assembled with national education system. Legal materials collected through document study further analyzed and interpreted into text that is the result of the analysis of the author. Discussion of the results showed education to guarantee the existence of indigenous communities as a form of restriction. Chapter after chapter in the Law Number 20 of 2003 on National Education System which contain customary communities ensure education for indigenous and tribal peoples, but his form is not flexible precisely because everything must not be contrary to the principle of state. Keywords: Indigenous people, National Education System
LEGAL DRAFTING PERDES BAGI BADAN PERMUSYWARATAN DESA (BPD) CANGKOL DAN KRAGILAN ,, Mulyanto; ,, Bambang Joko Sudibyo
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract Alpha The purpose of community service is to improve the understanding and competence of the members of the BPD Cangkol and BPD Kragilan, MojoKragilan district, Sukoharjo village as the legislature in order to construct a village regulation especially their main duty formulation editorial article by article in the Regulation of the village according to the concept of legal drafting drafting legal products villages. In addition, to enhance their knowledge and skills in using information technology to facilitate records management regulations village. Method of implementation activities through legal drafting practice to dissect the anatomy of the village in particular Regulation formulation technique editorial article by article. Keywords:  legal drafting, village, regulation.
KEDUDUKAN HUKUM PERKAWINAN ADAT DI DALAM SISTEM HUKUM PERKAWINAN NASIONAL MENURUT UU NO. 1 TAHUN 1974 ,, Elsaninta Sembiring; ,, Vanny Christina
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Abstract Marriage is a natural human behavior. Humans were born, growing, mature , working , making a  families and produce offspring. So marriage is a phase that will be experienced by people in general . Marriage occurs when two people of different sexes , that men and women are mutually bind themselves to live a life together in one household as husband and wife. Indonesia, which has a rich nation with diverse ethnic , cultural customs and led to the diversity of the Marriage Law is also based on the customs of each tribe are spread throughout Indonesia. Before having a national marriage law, Indonesia has had various legal rules pluralistic marriage . Birth of Law No. 1 of 1974 as a national marriage law unification bembawa certainly impact the Customary Marriage Law in Indonesia . Thus the authors will try to assess how the position of customary marriage law in the system according to the National Marriage Law Act Number 1 of 1974 . Keywords:Marriage, National Marriage Law, Customary Marriage Law
PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN POLIGAMI DI PENGADILAN AGAMA SURAKARTA (STUDI KASUS PUTUSAN NOMOR : 0373/PDT.G/2013/PA.SKA.) ,, Eva Nur Aryati; ,, Muhammad Mukti Ali
PARENTAL Vol 1, No 4 (2014)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract This research aims to find out the reasoning of judges in decided the matter of polygamy in Surakarta Religious Court. This research includes normative research type which are prescriptive. The data of this research includes primary data and secondary data. Secondary data is the main data in this research. To collect secondary data used with literature study or documents study. Analytical techniques used are qualitative. The basic of this analysis is deductive, ways of drawing conclusions from things that are common to the direction of the things that are specific. Based on this research, can be concluded that the judge set aside the Article 4 paragraph (2) of Law Number  1 of 1974 which is the legal basis of facultative requirement in the case of polygamy. Judges apply the Article 5 paragraph (1) of Law Number 1 of 1974 as a cumulative requirement and using the benefit principle to accept the application of poligamy. Key words: Poligamy, Polygamy Requirements, Befenit

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