Eyes Of Law Research Articles

Legal Capacity and Legal Authority of Adult Age in Indonesia: Medical, Psychological and Islamic Law Perspectives

The determination of the age of majority in civil law and Islamic law is an important and controversial issue. Adulthood is closely related to decision-making and responsibility for what they do, both in the eyes of law and socio-culture. Legal capacity and legal authority are important considerations in regulating whether a person is considered to have the capacity to take legal decisions. This study aims to analyze or measure the concept of age of majority in civil regulations from medical, psychological and Islamic legal perspectives. This research uses empirical legal studies with civil law and Islamic law approaches. Researchers collected data in two ways: in-depth interviews and literature studies. The results showed that the government has set rules summarized in the law in accordance with the area of the legal case at hand. In the context of criminal law, it can refer to the Criminal Code (Criminal Code) while Islamic law can refer to the KHI (Compilation of Islamic Law). Although there is no alignment of age determination in it, so when legal problems arise, because there are indeed differences, including from a medical and psychological point of view. Therefore, it is necessary to standardize the age of maturity for a person to have certain rights and obligations within the state or in the face of law. The results of this study are expected to provide deeper insights into the view of adulthood from the perspective of law, fiqh, and psychology in the context of civil regulations. The implications of this research can be useful in developing legal policies that are more adaptive and inclusive to cultural differences and views in determining a person's legal capacity and legal authority in the realm of civil law.

Pencatatan Pernikahan dan Batas Usia Pernikahan di Negara Muslim (Mesir, Maroko, Tunisia, Yordania, Turkiye, Pakistan, Malaysia, Indonesia)

Talking about Islamic Family law in the Muslim World as we know it, the provisions of all countries ar not the same. There are similarities but only a few. The similarity of these provisions starts from the pillars and terms, and also the existence of the same marriageable age. However, there are also some differences. Some countries also do not provide specific provisions. These provisions are only a formal requirement to legalize marriage. Therefore, marriage can be legalized in the eyes of law and religion. The implementation of Islamic family law in Muslim countries varies in terms of legal rules, legal practices, and legislation adopted by each country that identifies itself as an Islamic state or has a majority Muslim population. This diversity is caused by differences in the situations, conditions, and cultural backgrounds of the societies in these countries. Keywords: marrage law, marriage registration, marriage age limit

Pencatatan Pernikahan dan Batas Usia Pernikahan di Negara Muslim

Talking about Islamic Family law in the Muslim World as we know it, the provisions of all countries ar not the same. There are similarities but only a few. The similarity of these provisions starts from the pillars and terms, and also the existence of the same marriageable age. However, there are also some differences. Some countries also do not provide specific provisions. These provisions are only a formal requirement to legalize marriage. Therefore, marriage can be legalized in the eyes of law and religion. The implementation of Islamic family law in Muslim countries varies in terms of legal rules, legal practices, and legislation adopted by each country that identifies itself as an Islamic state or has a majority Muslim population. This diversity is caused by differences in the situations, conditions, and cultural backgrounds of the societies in these countries.
 Keywords: marrage law, marriage registration, marriage age limit

Perlindungan Hukum Terhadap Perempuan Korban Tindak Pidana Dalam Perundangan Indonesia

The position of women in civil cases in Indonesia still requires more attention so that they are equal in the eyes of law and legislation. In order to support this statement, this research is specifically aimed at inventorying criminal law in Indonesia. So the literature review in the form of legal inventory has primary data from rules and regulations related to criminal cases, especially the Criminal Code. One important conclusion is the importance of imposing fines and compensation on women victims of criminal acts in legislation.

Urgent Need of Reform & Formulation of Legislation to Curb Honour Killing: No Honour in Honour Killing

Indian society is the amalgamation of multilateral, multilingual and pluralism which is completely culturally diverse. India is recognized for its enriched culture and secularism is one of the distinct features of our nation. So different community have their own norms, tradition, mores and values apart from the formally recognized laws. The definition of reputation in society, or holding a high esteemed honor among the prestigious community or society is confined here ‘if the adult of your family lives within the boundaries set by the orthodoxical pre-occupied standards’. This article demonstrates the barbaric steps or treatment the society or the partner gives to the love birds who are fugitive, divergent, social deviant and unrefined as per the societal calculation and measurement but not in the eyes of law. The paper exhibits the nastiness in the name of religion, sacraments, culture or tradition which is existing still in this 21st century where we proudly talk about modernization and westernization and Progressive legalization. Article 21 gives us right to live with dignity, personal liberty which includes right to privacy as well. We have article 19 which talks about right to freedom of speech and expression. We have article 14 which guarantees the right to equality. We have statutes and legislation like Special marriage Act, 1954, laws relating to Human Rights protected under Protection of Human Rights Act, 1993 i.e., Universal rights which we acquire since the time we are born. In spite of having these paramount fundamental rights and human rights with us marrying or living in with a person of your own choice becomes a life-threatening punishment to most of the couples or one of the partners in our culturally diverse country.

KONSEP TAHSINIYAT DALAM MAQASID SYARIAH HUKUM PERKAWINAN

Marriage is a bond between a man and a woman as husband and wife who are legal in the eyes of law and religion to form a family (household) that is sakinah, mawadah and warahmah towards a happy family in the world and the hereafter, the basis of marriage is to worship only Allah SWT. Maqasid sharia is a concept that has become an interesting discussion among scholars. This concept was known long before Syatibi, but this concept was very attached to him because he was the first to introduce it completely as a method of legal thought. Substantially maqasid sharia or the purpose of establishing law is nothing but benefit. This type of research is library research (library research), in the sense that all data sources come from written materials in the form of books, documents, magazines and texts that are related to the topic of discussion through a review of various literature related to research which includes primary, secondary data. , dantertier. The data collected, read. The result of this research is that Islamic law has a purpose realizing human benefit (maqasid al-shariah) in the world and happiness in the hereafter. This embodiment is determined by the harmonization of the relationship between humans both individually and collectively, as well as the relationship between humans and their natural surroundings. This relationship is like in marriage, because marriage is a medium for getting to know each other. The true purpose of marriage in Islam is the development of human morality and humanizing it, so that the relationship that occurs between two different genders can build a new life socially and culturally. Maqashid sharia in hifzhu an-Nasl (caring for offspring or honor) is at the hajiat level, then Marriage is a necessity, as a natural human desire to be in pairs.

Wanita Karir dalam Bingkai Keluarga Sakinah

In the modern era, career women are in fact something that we cannot deny. Even though conceptually, it raises the pros and cons of thinking. On the one hand, career women are seen as moving towards equality with men. On the other hand, career women are seen as a step backwards in maintaining an eastern self-image. Based on this background, the objectives of this research are: 1). Knowing the efforts of career women in realizing a sakinah family. 2). Knowing the position of career women in the sakinah family. This research was conducted on female lecturers at Bondowoso University, using a descriptive qualitative approach, which attempted to describe some of the data obtained from the field, either by interview, observation, or documentation. Then proceed with the data analysis process. The results of this study indicate: 1). The efforts of women who have a career as lecturers at Bondowoso University in realizing a sakinah family include: a. Quality Time, in the sense that we must be able to maximize time with family, so that the importance of our existence is felt by them. b. Maintain good communication. c. Mutual open attitude. d. Mutual understanding. e. Time management. f. Husband's support for his wife for a career. g. Keeping the family intact. 2) Based on Islamic law, the position of a career woman in the concept of a sakinah family is to remain in the position of her husband so that she must still be obedient and obedient to her husband, because, in fact The husband is the leader of the family. eye of law.

Analyzing The Reasons Behind Suhento Liauw's Rejection On Theological Seminary Accreditation

Since the enactment of accreditation regulations within the Theological College, there have been Christian groups that have rejected the Theological College Accreditation on theological grounds or the principles of belief held. This Christian sect has established Theological Colleges in Jakarta and West Kalimantan and even holds graduations and issues diplomas and gives academic degrees to graduates, even though they have never submitted an accreditation form to BAN-PT (National Accreditation Board-University). Then how is the existence of this Theological College in the eyes of law and education in Indonesia and the theological response based on the beliefs of the Christian faith? To answer this question, in writing this article the author conducts library research to describe the logical consequences for the Theological College Institutions that do not heed the accreditation activities.

Of Semiotics, the Marginalised and Laws During the Lockdown in India.

On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train (all passenger trains in the wake of lockdown had been halted) while they were resting on the railway tracks. The images of the Roti (Indian bread) on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide.

CORPORATE GOVERNANCE – LAW and POLICY PERSPECTIVES

Corporate Governance is a system by which companies are directed and controlled. Corporate Governance mainly aims at total transparency integrity and accountability of Company affairs. Corporate Governance aims to achieve best interest to all stake holders. Stake holders are the term coined with the development of corporate governance. Previously everything used to look from the view point of shareholders. Stake holders are persons who are directly or indirectly connected to company. The stakeholders may be internal or external. Internal stake holders may be promoters, members, workmen, executive’s etc. external stake holders may be customer, Lenders, Dealers, vendors, bankers, community, government etc. As it is well known that, even through a company is a person in the eye of law, its personality has certain limitations as to perform certain functions. It is only a juristic person existing only in the eye of law and not capable of taking certain decisions, which are hallmark of natural persons. Decision making and running the affairs of the company is one of such thing that a company cannot do on its own as a person.

Sanksi Hukuman Mati Terhadap Pembunuhan Non-Muslim (Studi Komparatif Imam Abū Ḥanīfah dan Imam al-Syāfi’ī)

The purpose of this study is to determine the thoughts of Imam Abū Ḥanīfah and Imam al-Syāfi'ī regarding the death penalty for killing non-Muslims in the perspective of Islamic law and to determine the istinbat method of Imam Abū Ḥanīfah and Imam al-Syāfi'ī in determining the death penalty. against the killing of non-Muslims. This research is a type of library research, namely research conducted by examining the literature that specifically discusses the death penalty for the perpetrators of the murder. This literature both come from books, books of scholars, and journals. After reviewing the literature, a comparative analysis was carried out by comparing opinions and their arguments. The results of this study are: (1) Imam Abū Ḥanīfah in determining the death penalty, emphasizes the aspects of equality and equality of a Muslim and non muslim in the eyes of law while Imam al-Syāfi'ī looks at the aspect of belief, if the same is in belief then it is applied death penalty, if different in belief then there is no death penalty. (2) The imposition of the death penalty for killing non-Muslims between Imam Abū Ḥanīfah and Imam al-Syāfi'ī differs in understanding passages from the al-Qur'an, sunnah and qiyas.

LEGAL AWARENESS ABOUT WOMEN RIGHTS: TEACHERS PERSPECTIVE

Legal awareness can be a significant tool for attaining equality of women in all spheres of social and political life. Legal Awareness as the name suggests is the knowledge of laws, acts, rights and legal provisions offered to a country’s citizens for their security, affluence and equal access to opportunities. This creates a respectable social environment where all are same in the eyes of law hence leading towards the peace and prosperity of mankind. This study presents a comprehensive Meta analytical research about how legal awareness of one’s rights provides greater stability in the day to day activities of any social structure. The major objective of this is to interpret the knowledge teacher have about the laws made for the well-being of women in the country and to what extent do they perceive it to give way to major changes which affect their position in the society.

Familia, autonomía de la voluntad y reproducción humana asistida en la legislación mexicana

This paper analyses the legal concept of the autonomy of the will and its implications for family law. The analysis is carried out within the framework of assisted human reproduction, as seen through the eyes of Law. The aim is to demonstrate a series of legislative inconsistencies in Mexican family law, deriving from the ignorance of lawmakers surrounding these types of topics.

Workplace: Through the lens of women

Men and women are born same in the eyes of law, but in the present world, people have forgotten the fact that these two sexes are created to maintain the balance in the wheel of life. Both of them are supposed to enjoy equal participation in all the opportunities but it could not be carried on as women are posed to be inferior to men. The imbalance in power structure leads to unfavorable situation. Sometimes people in authority misuse their power to harass women and the dimension of harassment is getting wider. women are wonderful and play important roles in our life. She is a responsible homemaker and a soft hearted hard worker but women are not firmly resolute in their attitude and they succumb easily. Due to this quality, women are subjugated to harassment more often than men at workplace. physical harassment is generally termed as harassment but Harassment comes in a number of forms like physical, sexual,mental,personal,etc. This paper deals with procedure of handling complains about harassment at workplace and a study has been conducted to know the opinion of women on harassment and their will to convey their grievances related to harassment. An attempt is made to study the impact on their productivity which can be an important aspect leading to satisfaction. This paper will also provide an overview on the basis of the data collected during the research phase about the fact that their sex has landed them into the pool of being victim which is affecting not only their efficiency but also putting pressure on their mental health.

Home birth in Romania – a retrospective study

Introduction. Despite the fact that home birth is considered a physiological process, specialized medical authorities recommend that birth should be attended by a medical specialist in an authorized facility, in order to avoid possible maternal and fetal complications. Materials and method. The paper presents a retrospective study of the women who delivered at home and were admitted afterwards in the First or Second Department of Obstetrics and Gynecology of the “Pius Brînzeu” Emergency Clinical County Hospital, Timişoara. Results. None of the births were attended by a medical specialist. The complications, as well as the evolution of the cases were presented. Discussion. A short review of the Romanian legislation in relation to home birth practice, as well as an analysis of the potential repercussions associated to juridical responsibility of the involved medical personnel, and how home birth is perceived through the eyes of law in other countries were made. Conclusions. Natural childbirth can have a lot of repercussions on the maternal and fetal wellbeing, as a result it is highly recommended for pregnant women to be assisted by specialized personnel in authorized legal locations.

VIOLENCE AGAINST WOMEN, EQUALITY OF GENDER AND SOCIAL ETHICS

Humans are created interdependent and complement each other, as well as mutual respect and respect that is what is called a social creature, and live in pairs between men and women to continue offspring, which is a natural human nature that has been hereditary. But in reality, in social life, a woman often gets inhumane treatment, be it in public life or domestic life, is treated rudely, and impressed as not considered, women are very vulnerable to violence, whether physical violence, psychic violence, violence sexual even neglect of household. Or even men do not respect women in the realm of the outside or inside the dwelling. Result in a significant difference to gender equality itself. The most important and protected women's rights are freedom, being treated equally in the eyes of law, teaching and education is absolute, as well as health, legal certainty and justice and legal certainty. Social ethics arises in everyone, according to their nature and character. Human nature can be seen from their actions in treating and respecting others, especially treating the opposite sex, not in accordance with ethics and social sense, then the person is considered disrespectful to others. The literature study is the method used in this study is to have a purpose to know gender and its equality be the cause of violence against women, and its relation to social ethics. The result is a patriarchal culture that assumes that men as rulers, while women are in a weak position or are perceived as "male" owners, and social ethics greatly affect respect for women, where social ethics strongly determines one's behavior and how to respect and respect for women's rights.

Membumikan Konsep Etika Islam Abdurrahman Wahid dalam Mengatasi Problematika Kelompok Minoritas di Indonesia

Abdurrahman Wahid was one of the pioneers realization of Islamic ethical values, although it was believed to be counter-productive. He has transformative thinking in interpreting Islamic teachings especially promoting Islamic social ethics. There are three main driving factors dominating minorities; misunderstanding of Indonesia which is a democratic country, the essence of the values ??of Islamic teachings, and not yet understanding the importance of awareness of grounding Islamic ethics that is transformed into the social realm. Form of minority domination in Indonesia, among others; violence experienced by minority groups in Sampang who are Syi’ah who are considered to damage the majority of Islamic teachings, and others. There are three strategies to ground Islamic ethics in order to overcome the problems of minorities in Indonesia; transformation of Islamic ethical values ??in the social domain; the implementation of Islamic ethical values ??in overcoming the problems of minority groups, the value of love for peace, the value of upholding justice, the value of equality of human position in the eyes of law and the state, and the value of social care, and the orientation of the development of Islamic ethics must be directed towards the welfare of the people.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

The Inadequasy of Existing Concepts of Corporate Group Liability and New Doctrines

Since end of 19th century Salomon principle has been at heart of English company law. The facts in Salomon v Salomon & Co Ltd (1897) are well known and need not to be repeated here. In essence, this principle provides that, upon incorporation, a company becomes a separate legal entity which, in eyes of law, is not different from a human being. A corporation has rights, duties and obligations of its own which are different from those of its incorporators. As a result, companies can hold properties, they can contract in their own name, they can sue and be sued and, more importantly, companies can be liable for their own debts. The latter provides justification for limited liability. This principle was conceived by House of Lords in order to allow a sole trader (Mr Salomon) to avail himself of benefits of limited liability by conducting business activities through a corporation. The House of Lords did not realise what consequences of their decision would be in following decades because there were not corporate groups at that time. During course of last century, principle of separate corporate personality was applied to groups of companies in order to allow a parent company to avail itself of limited liability in relation to activities of its subsidiaries just like Mr Salomon did in relation to activities of his own company. Whether House of Lords intended to give rise to such an outcome remains doubtful. Nevertheless, limited liability has benefitted our global economy as no other legal fiction has ever done and it has been described as the corporation's most precious characteristic. On other hand, it is often claimed that this regime encourages excessive risk-taking in running of company's affairs. After all, the riskier more profitable is a basic rule in investment activities. In such scenario, it is not hard to envisage a potential danger of moral hazard. The business owners lose nothing when things go wrong but become richer if risk does not materialise. As a result, limited liability may give rise to unfairness particularly in cases involving tortious liability for personal injuries by externalising risks and costs that ought to be internalised by corporation as a better risk taker and cost bearer. Liabilities can be avoided by interposing a subsidiary or, more commonly, different layers of subsidiaries between injured party and decision-making centre, be it a parent company or its controlling shareholders. The situation is further exacerbated when it comes to multinational groups. Not only will ultimate controller be protected by corporate veil but also by a jurisdictional veil. The combination of corporate and jurisdictional veils makes attribution of liability to parent in home country almost impossible. The difficulties mentioned above are graphically illustrated by seminal case Adams v Cape Industries Plc (1990). The effect of this is that a corporate group acts as a single living being for a single economic purpose but when it comes to liabilities then it consists of separate legal entities and only entity which happens to be in a direct relationship with injured party will bear responsibilities. This is most unfair when injured parties are tort victims who are often referred to as involuntary creditors. Unlike voluntary creditors, they have limited ways of assessing and mitigating their risk when dealing with companies. They have no chance to bargain with corporation over allocation of risk. Yet, they will bear risk of loss if subsidiary has insufficient assets to provide adequate compensation. They will not be able to rely on assets of parent since, as shareholder in subsidiary, its assets can be touched only up to unpaid amount on its shares. A modification of existing concepts of corporate group liability is clearly required if justice is to be achieved in such cases. Hence, in first part, this paper seeks to identify shortcomings of current approach to attribution of liability in corporate groups and analyses adequacy of exceptions to otherwise inviolable separation of personality in a parent/subsidiary relationship. Secondly, it explores new approaches and doctrines put forward by eminent academics such as Philip Blumberg, Nina Mendelson, Hannsman & Kraakman and many others in an attempt to address unfairness and inefficiencies generated by existing concepts of intra-group liability.

To assign or not to assign: A study of copyright assignment and associated problems with joint authorship

Assignment of copyright is a fairly simply defined topic by statutory law in India. An assignment of a copyright is simply in the old sense, a transfer of property. The only difference lies herein that the property, being ‘intellectual property’ or using the rather philosophical term ‘intangible property’ stands at a special footing than other ordinary property transfers under the eyes of law – one of the specialties being that such assignment deed need not be compulsorily registered under the Indian Registration Act since it is a property of intangible nature. Although fairly simple, there arises some issues with assignment, for example what is the law of assignment with respect to a work of joint authorship? There lies a problem which the article seeks to address inter alia while elucidating the general nature of the Indian law of assignment alongside judicial pronouncements.