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Pernikahan Beda Agama Berdasarkan Hukum Islam dan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Analisis Penetapan No. 42/Pdt.p/2014/PN.Unr)

In practice, interfaith marriages are declared valid if they have received a permit decision from the court so that they can be registered. Even though in Law no. 1 of 1974, interfaith marriages are still experiencing a legal vacuum. In the event that the registration of marriages in interfaith marriages cannot be carried out because they are not in accordance with Article 2 paragraph (1) of Law No. 1 of 1974, but if accompanied by a permit decision from the court, interfaith marriages can be registered even though they are contrary to religious law, customary law and UU no. 1 of 1974. Consideration of freedom to embrace religion as a human right contained in the 1945 Constitution, in fact the principle of human rights returns the marriage law to the religious law adhered to by each religion. This study uses a normative study with a decision analysis approach No. 42/Pdt.P/2014/Unr based on the considerations of Islamic law and Law Number 1 of 1974. The aim is legal certainty in interfaith marriages and examines judges' considerations in granting permits for interfaith marriages. The results of the study show that normatively it is prohibited because it is not in accordance with Law No. 1 of 1974, if marriage is legalized because of a court decision to be registered so that it is considered valid, then it can weaken the position of Islamic law as a source of law for adherents of Islam, in principle the law Marriage refers to religious law.

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Manifestasi Hak Asasi Mantan Narapidana dalam Pengisian Jabatan Negara Menurut Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum

In accordance with one of the ideals of the General Election, namely to produce quality representatives of the people and the spirit to create a government free from corruption, collusion and nepotism. In the 2019 legislative election, the KPU established KPU regulation No. 20 of 2018 concerning the Nomination of Members of the DPR, Provincial DPRD, and Regency/City DPRD in the 2019 Election. The KPU added a requirement to become a member of the legislature which in article 4 paragraph (3) states that for former convicts of drug dealers, sexual crimes against children, or corruption prohibited from participating in the nomination of members of the legislature. These provisions are considered contrary to Law no. 7 of 2017 concerning General Elections. The formulation of the problem in this paper is how to manifest the fulfillment of prisoners' human rights in filling state positions as regulated in Law Number 7 of 2017 concerning General Elections. The research method used is a normative juridical research method. Normative research requires a statutory approach and a conceptual approach. The data collection technique used is through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The conclusion is that there are several decisions of the Constitutional Court, the Supreme Court and the Decisions of the Bawaslu which also hinder the enactment of these provisions. These provisions relate to the limitation of Human Rights, namely the limitation of Political Rights, namely the right to be elected as regulated in Law Number 39 of 1999 concerning Human Rights.

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Perlindungan Hukum Terhadap Konsumen Atas Peredaran Produk Kosmetik Ilegal Yang Mengandung Bahan Berbahaya (Studi Badan Pengawas Obat dan Makanan Medan)

Currently, there are many illegal cosmetics circulating in the market, whether they do not have a distribution permit or contain hazardous materials, including local and imported cosmetics. Therefore, it is necessary to have legal protection for consumers so that their rights are still fulfilled for the losses they experience. Cosmetic products are supervised by the Food and Drug Supervisory Agency or BPOM which is in charge of supervising the distribution of cosmetics as well as medicines and food in Indonesia. The research objectives to be achieved in this study are to find out how the law provides protection to consumers against the occurrence of illegal cosmetic circulation, to find out how the legal rules for the circulation of illegal cosmetics in Indonesia are, and to find out how legal remedies can be taken by the public for the circulation of illegal cosmetic products. . The research methods used are: Library Research and Field Research. Types of Normative Juridical Research. The conclusion obtained is that legal protection for consumers can be done by applying the principle of Strict Liability, namely mistakes are not a determining factor, but there are exceptions that allow business actors to be released from responsibility due to compelling circumstances. With the principle of absolute responsibility, it is hoped that business actors will prioritize the interests or rights of consumers, so that consumers do not experience losses for their actions or for cosmetic products produced or sold. The legal arrangements for the distribution of cosmetics in Indonesia include Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 2009 concerning Health, BPOM Regulation Number 2 of 2020 concerning Supervision of Production and Distribution of Cosmetics, etc. Legal remedies that can be taken by the community are through the Court (Litigation) and BPSK (Non-Litigation).

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Hukum Memperdagangkan Barang Tiruan Di Aplikasi Online Perspektif Imam Syafi’i (Studi Kasus Di Market Place Shopee Malaysia)

The main problem in this research is how to review the law of trading counterfeit goods online. The type of research used in this research is a type of literature research (library research), thereby using a qualitative research method with a normative research approach. The results of the research show that: 1) According to Imam Syafi'i, the law of trading counterfeit goods on the Shopee marketplace is not allowed due to the presence of elements that are prohibited or forbidden. The existence of fraudulent elements planned by the seller to deceive the customer is prohibited. This is because there is an element of tadlis in the practice. The element of tadlis which is a fraud committed in a sale and purchase transaction by the seller against the goods/objects he sells to the buyer, it can cause losses for the party who owns registered trademark rights or the owner of original trademark rights that are imitated. 2) How the practice of trading counterfeit goods on the online marketplace Shopee is carried out does not meet the objective requirements of the agreement, which is a certain thing and a halal reason. From the results of this study, the author suggests that the rules on the practice of buying and selling counterfeit goods be strengthened. Because, it can lead to the habit of the community to always use counterfeit goods.

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Pengaturan Hukum Laut Internasional dan Nasional dalam Pencemaran Lingkungan Hidup di Perairan Indonesia Akibat Sampah Plastik

Garbage in the waters causes pollution and damage to the environment and aquatic ecosystems and endangers human health. Plastic waste is a component that is difficult to decompose by natural processes so that it is harmful to aquatic ecosystems and human health. The problems examined in this paper are regulation the International Law of the Sea concerning the protection of the marine environment and the regulation of National Law in the prevention, reduction and management of environmental pollution in Indonesian waters due to plastic waste and how to enforce the law in Indonesia on environmental protection in Indonesian waters with regard to plastic waste. The research method used in this study is a normative legal research method, where the primary data is taken from international treaties and laws and regulation that have relevance in this research. The result of this study indicate that the regulation of International Law on the protection of a country’s marine environment is further regulated in the 1972 Stockholm Declaration, 1982 UNCLOS, International Maritime Organization and others, so that through these regulations countries can protect the marine environment, take all necessary actions and take responsibility. Responsible for the pollution of the marine environment, especially due to plastic waste. National Law Enforcement in Indonesia is regulated in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation.

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