Statutory Provisions Research Articles

Custody and Obligations of Parental Alimation of Children After the Breakup of Marriage Due to Divorce in Terms of Law Number 1 Of 1974 Concerning Marriage

<p><em>The research entitled;Parents' Custody Rights and Alimentary Obligations for Children After Dissolution of Marriage Due to Divorce in View of Law Number 1 of 1974 concerning Marriage; was carried out in the jurisdiction of Jayapura City with the aim of finding out and analyzing the causal factors the occurrence of divorce and custody and fulfillment of parental alimony obligations towards children.</em></p><p><em>This research is empirical legal research using the Normative Juridical and Empirical Juridical approach methods. The Normative Juridical Approach is by reviewing the provisions of statutory regulations relating to the rights aspect of divorce and the legal consequences of divorce in relation to Custody Rights and Parental Alimony obligations following the dissolution of the marriage due to divorce, while the Empirical Juridical approach is by looking at the implementation of the provisions Laws relating to divorce and custody rights and parental alimony obligations apply in society. The results showed that the factors causing divorce in the city of Jayapura in general for the continuous disputes, disputes and quarrels triggered by the attitudes and behavior of both the husband and wife namely a. The existence of love with women and other men, b. Husband rarely goes home; c. Husband is light hand by beating the wife. Meanwhile, in most court decisions on divorce cases, the majority of judges decide that custody rights are given to the wife based on psychological considerations and legal considerations. The psychological considerations are because the children are still small and not yet mumayyiz so they still really need more attention from their mother, and the husband's morals are not good, so there are concerns that it will affect the child's psychological development during his growth period. Furthermore, regarding the fulfillment of alimony obligations in the context of the care and development of the child, in general it is not carried out well, generally parents (fathers) lack or neglect their alimony obligations towards the child on the grounds that they have a new family, because they are not given custody, because of their economic capabilities, so does not carry out his alimony obligations as ordered by the applicable statutory provisions.</em></p>

EKONOMI KERAKYATAN DALAM PERSPEKTIF EKONOMI SYARI'AH

Cooperatives as business entities that are owned and utilized by members, are confirmed in Law number 25 of 1992. The boundaries of cooperatives in this law have a stricter and clearer meaning than the old boundaries, in Law no. 12 of 1967, which allowed the creation of dual thinking about cooperatives. Law number 25 of 1992 accommodates changes at the instrumental level, such as the regulation of "Managers" or managers in managing cooperatives. Cooperatives, like other business entities, have freedom of movement in carrying out business as long as they do not violate existing statutory provisions and normative ideology. Business is a rational process that ultimately leads to the creation of profits, the accumulated profits are used to serve members' needs.

Islamic Law in the Rule of Sadd Adz-Dzari'ah on the Transfer of Agricultural Land Function to Housing in Grobogan

This research provides an in-depth exploration of Islamic legal aspects related to the conversion of agricultural land into residential areas, with a focus on the principle of Sadd Adz-Dzari'ah. This principle serves as the primary foundation for the research, playing a crucial role in regulating the land transformation process and establishing legal boundaries that must be adhered to. Through a case study conducted in the Grobogan Regency, this research aims to evaluate the application of the Sadd Adz-Dzari’ah principle in the context of agricultural land conversion. The research methodology employs a qualitative approach, utilizing in-depth interviews and document analysis. The collected data is analyzed using content analysis techniques to identify patterns and key themes related to the implementation of the Sadd Adz-Dzari’ah principle in land conversion. The main objectives of this study include gaining a profound understanding of the principle, evaluating its implementation in the conversion of agricultural land to residential areas in Grobogan Regency, analyzing the social, economic, and environmental impacts of the land-use changes, and presenting policy recommendations to enhance justice and sustainability, considering Islamic values. The research found that Islam with its sadd adz-dzariyat concept does not prohibit the conversion of agricultural land into housing as long as it provides maslahat for the community and is carried out based on existing statutory provisions and instead encourages the utilization of agricultural land for various purposes so that the land is not neglected and eventually dies without being utilized. Thus, this research is expected to significantly contribute to understanding the relevance and implementation of the Sadd Adz-Dzari’ah principle in the context of changing land use in rural communities. It also aims to provide a foundation for better policies aligned with Islamic values.

Legal Aid in India: Enhancing Access to Justice for All

Legal aid is a fundamental aspect of ensuring justice for all individuals, especially in a country as diverse and populous as India. This research paper examines the evolution, status, challenges, and prospects of legal aid in India. The paper explores the constitutional and statutory provisions, institutional mechanisms, and initiatives undertaken by the government and non-governmental organizations to provide legal assistance to marginalized and disadvantaged sections of society. Additionally, it analyzes the impact of legal aid in promoting social justice, empowering vulnerable communities, and strengthening the rule of law in India.

IMPLEMENTATION OF POLICE DISCRETION IN CRIMINAL LAW ENFORCEMENT IN ANARCHIC DEMONSTRATIONS

Police discretion is the authority of members of the police to take a policy in certain situations that require their own judgment as long as it does not violate statutory provisions. It aims to guard, maintain order and ensure public security. However, policies issued often raise pros and cons, especially when enforcing criminal law in securing demonstrations. The community considers that the actions taken are a form of hindering the achievement of their aspirations. This condition eventually led to riots during demonstrations which could threaten the safety of the demonstrators, police officers, as well as those at the location of the action. So that in this situation police discretion can be issued to prevent and deal with various threats that occur. This study uses an empirical juridical method, namely direct research conducted by studying the applicable legal rules with real events that occur in society. The results of this study explain related considerations, procedures, to obstacles and efforts made in the application of discretion by members of the police in overcoming anarchic demonstrations

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

Proof Of Financial Loss State of Financial Audit Audit Results Against Action Criminal Corruption

Loss finance country in Constitution Act Criminal Corruption This is something that must be fulfilled in order to recover financial compensation country. The Corruption Eradication Law provides options related enforcement case corruption Which consists from dropping criminal And recovery of state losses through additional criminal penalties and civil lawsuits, will but considering the impact caused by criminal acts of corruption influence on state finances, it is appropriate for enforcement officers law more put forward effort return loss country compared with imprisonment. The problem formulation in this research consists of: proving financial losses country from results auditing body inspection finance (CPC) in follow criminal corruption. The type of research used in this research is juridical research normative, As for characteristic study Which used in study This nature literature, while research data was obtained from legal norms there is in regulation legislation (library research). The State Financial Audit Agency (BPK) is very important as it has been explained in the first discussion, namely the State financial audit agency In its implementation, the BPK is based on the importance of the audit function and supervision in state administration. The existence of the body that will be carrying out audit functions has been included in the Constitution stated that For inspect not quite enough answer about finance country held a Financial Audit Agency, whose regulations are determined by Law Invite (Chapter 23 Chapter VIII Constitution 1945). Disobedient to provision legislation, as well as findings imprudence; inefficiency; And ineffectiveness. Non-compliance with statutory provisions consists of findings that have a financial impact, namely losses, potential losses and deficiencies reception.

Penyelesaian Sengketa dalam Pengadaan Tanah bagi Pembangunan Jalan Tol untuk Kepentingan Umum

Land issues in North Sumatra, especially in Medan City, still occur frequently, one of which is land acquisition for the construction of toll road infrastructure to accelerate development, facilitate access to production, distribution, and tourism areas, and create new jobs. Although this development accelerates the economic growth of the country and society, disputes related to land acquisition for public interest are inevitable. One of the cases that is the focus of this research is located in Sumatra Province, specifically the jurisdiction of the Medan District Court. The problem of this research is how legal protection for land rights owners due to land acquisition for toll roads and how the consignment process of compensation for land affected by toll road project acquisition. The research method used is normative juridical with an analytical descriptive approach, using the Legislation Approach. This research uses the Law Approach by collecting and analyzing statutory provisions related to the environment and corporations. The legal material collection technique used is library research, then analyzed qualitatively. The results showed that there is legal protection for the owner of the toll road acquisition through consignment settlement.

Legal Responsibility for Misuse of Restricted Over-The-Counter Medicine Sold by Small Traders

<p><em>The purpose of this legal research is to find out about the applications of doctors who perform telemedicine services and to find out the legal protection for doctors who perform telemedicine services. By using normative legal research method, this research uses statute approach and conceptual approach. Based on this research, a conclusion is obtained that refers to Law Number 36 of 2009 concerning Health, Minister of Health Regulation Number 20 of 2019 concerning the Implementation of Telemedicine Services Between Health Service Facilities, and Law Number 29 of 20004 concerning Medical Practice. However, these regulations have not provided legal protection for doctors who perform telemedicine services both in statutory provisions and the medical code of ethics. Legal protection should be provided through a new law on doctors who perform remote virtual services (telemedicine) which contains telemedicine authority so that there are limits to the authority of doctors to perform telemedicine services.</em></p>

Kajian Yuridis Tindak Pidana Gratifikasi Oleh Pejabat Negara

Corruption is a special criminal act that is regulated outside the Criminal Code (KUHP). Especially because this issue is regulated separately outside the Criminal Code (Criminal Code). Because in accordance with Article 103 of the Criminal Code, it is emphasized that: "The provisions in Chapters II to Chapter VIII of this book also apply to acts which by other statutory provisions are threatened with criminal penalties, unless otherwise provided by law." The criminal act of corruption is categorized as an extraordinary crime that requires extraordinary measures, therefore the participation of various components from both the government and society is very necessary. The conventional methods that have been used have proven to be unable to solve the problem of corruption in society, so handling it must also use extraordinary methods

Harmonizing Arbitration: Clarity, Consistency, and Consent in the Application of Ex Aequo Et Bono

This article delves into the intricate dynamics surrounding the application of the ex aequo et bono principle in arbitration, addressing concerns arising from potential procedural challenges and deviations from justice principles amid the escalating popularity of arbitration. The study intricately navigates the legal complexities of this principle, centering on the interpretation of Article 56 of Law 30/1999. Specifically, it scrutinizes whether the article mandates parties' consent for the arbitrator to decide based on ex aequo et bono. Employing a normative legal research approach and utilizing legal hermeneutics with a structuralist focus, the research analyzes the interplay of written agreements, tacit understandings, and standard practices in arbitration. The article underscores the critical role of precise protocols and unequivocal agreements in safeguarding the integrity and effectiveness of the arbitration process. It highlights the paramount need for clarity and consistency in legal provisions, advocating for collaborative efforts between legal authorities and arbitration institutions. This collaboration is essential for aligning statutory provisions and arbitration rules, ultimately fortifying a robust and dependable framework for the equitable resolution of conflicts. In conclusion, the article calls for a harmonized approach to address inconsistencies, enhance the legitimacy of arbitration decisions, and foster trust in the arbitration process. By exploring these challenges, the article contributes to the ongoing discourse of optimizing arbitration as a fair and efficient means of resolving international disputes.

JURIDICAL REVIEW OF THE CLAUSE OF WITHHOLDING THE ORIGINAL DIPLOMA OF WORKERS BY THE COMPANY IN THE EMPLOYMENT AGREEMENT

The purpose of this research is to understand the aspects of legal certainty related to the Retention/Submission of Original Diplomas Clause in the employment contract applied by the Company and this research also aims to find out the legal protection efforts given to workers who agree to the retention of diploma clause in their employment contract, especially in the context where the Company is considered negligent in maintaining the original diploma belonging to its workers. The research method is normative legal research with an approach to legislation. The results of this study show that in the implementation of employment contracts that include diploma retention/submission clauses, there are no explicit statutory provisions that allow or prohibit the practice. However, regarding the legal requirements of agreements in employment contracts, this is regulated by the Civil Code. Therefore, the legal vacuum regarding whether or not the withholding of diplomas can cause this practice to occur as a result of customs in the world of work, and when related to RI Law No. 39 of 1999 concerning Human Rights is contrary to the principles of human rights because it hampers workers' rights to get better jobs and improve their quality of life. In addition, in the legal protection efforts for workers who agree to the clause of withholding/submission of diplomas in their employment contracts, there are preventive and responsive legal protections. This shows that there are measures to prevent and respond to potential violations of workers' rights in the context of such clauses.

Analisis Kompetensi Rekrutmen Pejabat Pemerintah Kabupaten Gorontalo

The appointment of civil servants in government structural positions is based on competence so that placement in government structural positions using the merit system considers aspects of qualifications, competence, and good performance. This research aims to analyze managerial, technical and socio-cultural competencies in the aspects of knowledge, skills, attitudes of officials who will be placed in the Gorontalo Regency government. The research approach uses qualitative methods, data collection is done through interviews, participatory observation, field notes, and document studies. Data analysis used an interactive model with three steps: condensing data, presenting data, and drawing conclusions or verification. Data condensation refers to the process of selecting, narrowing down, simplifying, summarizing, and transforming data. The findings in this research in the recruitment of Gorontalo Regency Government officials have referred to Law Number 5 of 2014, Regent Regulation Number 10 of 2017 which emphasizes aspects of technical competence, managerial competence and socio-cultural competence. In addition, the regulation also refers to the recruitment of officials who also pay attention to other aspects of competence such as integrity, cooperation, communication and skills. However, there are still interventions by groups of people who support candidates without regard to competence and educational background. Furthermore, in the mutation of structural officials in central and regional government agencies, although it has been carried out in accordance with statutory provisions, there is still political intervention. This research suggests that ASN must have adaptation competence or the ability to adjust to new or changing situations.

Bathing Adaptations in the Homes of Older Adults (BATH-OUT-2): study protocol for a randomised controlled trial, economic evaluation and process evaluation

BackgroundThe onset of disability in bathing is particularly important for older adults as it can be rapidly followed by disability in other daily activities; this may represent a judicious time point for intervention in order to improve health, well-being and associated quality of life. An important environmental and preventative intervention is housing adaptation, but there are often lengthy waiting times for statutory provision. In this randomised controlled trial (RCT), we aim to evaluate the effectiveness and cost-effectiveness of bathing adaptations compared to no adaptations and to explore the factors associated with routine and expedited implementation of bathing adaptations.MethodsBATH-OUT-2 is a multicentre, two-arm, parallel-group RCT. Adults aged 60 and over who are referred to their local authority for an accessible level access shower will be randomised, using pairwise randomisation, 1:1, to receive either an expedited provision of an accessible shower via the local authority or a usual care control waiting list. Participants will be followed up for a maximum of 12 months and will receive up to four follow-ups in this duration. The primary outcome will be the participant’s physical well-being, assessed by the Physical Component Summary score of the Short Form-36 (SF-36), 4 weeks after the intervention group receives the accessible shower. The secondary outcomes include the Mental Component Summary score of the SF-36, self-reported falls, health and social care resource use, health-related quality of life (EQ-5D-5L), social care-related quality of life (Adult Social Care Outcomes Toolkit (ASCOT)), fear of falling (Short Falls Efficacy Scale), independence in bathing (Barthel Index bathing question), independence in daily activities (Barthel Index) and perceived difficulty in bathing (0–100 scale). A mixed-methods process evaluation will comprise interviews with stakeholders and a survey of local authorities with social care responsibilities in England.DiscussionThe BATH-OUT-2 trial is designed so that the findings will inform future decisions regarding the provision of bathing adaptations for older adults. This trial has the potential to highlight, and then reduce, health inequalities associated with waiting times for bathing adaptations and to influence policies for older adults.Trial registrationISRCTN Registry ISRCTN48563324. Prospectively registered on 09/04/2021.

Reform of the Arbitration Act 1996: a missed opportunity to entrench diversity?

Abstract This article discusses the recent consultation by the Law Commission of England and Wales (‘Law Commission’) on reform to the Arbitration Act 1996 (‘AA 1996’) which grappled with the issue of discrimination in agreements to appoint arbitrators. Recent efforts by the arbitration community to promote greater arbitrator diversity have started to result in the codification of equality and diversity considerations directly into some arbitral rules. However, guidelines developed to date by arbitral institutions have tended to focus on promoting greater diversity in institutional appointments rather than prohibiting discrimination in party appointments. In its September 2022 Consultation Paper, the Law Commission initially proposed new statutory provisions which would have made agreements relating to arbitrators’ ‘protected characteristics’ unenforceable, subject to certain exceptions. This article discusses some areas of uncertainty with these proposals which ultimately led to their abandonment, as well as the Law Commission’s conclusion against reforming the AA 1996 to prohibit discrimination in arbitration generally. The article examines some of the alternative ways in which discrimination could have been addressed through statutory reform and whether it is desirable for the onus to fall back to the arbitral institutions to adopt more robust guidance prohibiting discrimination in party appointments.

Critical Role of Agrarian Reform in Development National in Indonesia

<span>This research aims to analyze the Critical Role of Agrarian Reform in National Development in Indonesia. This research method is normative; namely, research focused on assessing the application of rules or norms in positive law. By using a statutory approach (statute approach) is an approach that is taken by examining the standards contained in statutory provisions. The primary material sources used in this study are the 1945 Constitution of the Republic of Indonesia (1945 Constitution), Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), and MPR RI Decree No. IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management (TAP MPR RI No. IX/MPR/2001), and Presidential Regulation of the Republic of Indonesia Number 86 of 2018 concerning Agrarian Reform (Perpres 86/2018). While the secondary legal materials used by the author are publications in the field of law but not official documents, namely: books, journals, and comments. The study results concluded that Agrarian Reform aimed to rearrange the existing order in society so that people could feel justice and equity in the land sector. In carrying out agrarian reform, there are several stages, namely the establishment of a committee at the autonomous regional level, which is tasked with registering land ownership that exceeds the maximum limit and whose goal is people's welfare, legal certainty, and justice. However, in its development, the implementation of agrarian reform experienced obstacles that caused the main objectives of agricultural reform not to be achieved, so a rural reform arrangement was needed to be aimed at the prosperity of the people.</span>

Fostering socially responsible stewards: CSR and investment funds in India

ABSTRACT In 2013, the Indian government mandated all companies to spend a portion of their profits on Corporate Social Responsibility (`CSR') activities but did not require companies to incorporate sustainability into their business, leading the statutory provision mandating CSR to become a box-ticking exercise. This approach of tick-box compliance with the CSR mandate is now being questioned by various investment funds that are actively pushing for the incorporation of Environmental, Social and Governance (`ESG') concerns into the business practices of their portfolio companies. While the Stewardship Codes promulgated by the various Indian regulators expressly mandate investment funds to monitor the ESG risks of their portfolio companies, there are no sanctions for non-compliance. This paper suggests the introduction of a market-based enforcement mechanism for the Stewardship Codes to enhance their effectiveness and practical relevance in the Indian legal framework.

Unraveling the Intricacies of Implementing Judicial Pardon within UAE Legislation

This study delves into the utilization of judicial pardon within the framework of Article 152 of the UAE Federal Law on Crimes and Penalties, serving as an alternative to short-term prison sentences. The examination of this system reveals a range of organizational and judicial challenges inherent in its implementation, stemming from the existing gaps in the provisions of Article 152. The research investigates the efficacy of judicial pardon for both the individual offender and broader society. The conditions and stipulations outlined in Article 152 are scrutinized for a comprehensive understanding, encompassing elements relevant to both the offender and the committed offense. Furthermore, the study evaluates the judiciary's role in dispensing pardons to culpable individuals, leading to the cessation of legal and judicial prosecution against the offender. This study is especially significant as it marks a pioneering effort within the Emirati legal context, underscoring its valuable contribution to the future enhancement of the judicial pardon system. Utilizing a descriptive and analytical methodology, this study embarks on a jurisprudential and legislative inquiry. It examines legal regulations and judicial rulings to derive suitable resolutions for the identified challenges. The research draws from primary and secondary sources, including case law, statutory provisions, legal literature, and scholarly publications. Ultimately, the study culminates in a collection of outcomes and recommendations that advocate for objective and procedural remedies to enhance the implementation of this system.
 
 Received: 7 September 2023 / Accepted: 25 November 2023 / Published: 5 January 2024

Preventive Legal Protection Against Leaks Consumer Data by Company Negligence Financial Technology

Various financial technology companies are currently using standard agreements. Withthe rise of standard agreements, business actors began to include exoneration clausesto release all forms of responsibility for losses suffered by consumers. One of thecompanies that has included the exoneration clause is Koinworks in Article 5 of theKoinworks Terms & Conditions. Based on this statement, the authors conducted thisresearch using two problem formulations, namely what are the legal consequences ofapplying the exoneration clause in standard agreements made by financial technologybusiness actors when viewed from Article 1320 of the Civil Code? And how aboutpreventive legal protection against leakage of consumer data by the negligence offinancial technology companies? To be able to answer the formulation of the problem,the authors use normative juridical research methods with a statutory approach. Theresults of the study show that the legal consequences of applying the exonerationclause in standard agreements made by Financial Technology business actors whenviewed from Article 1320 of the Civil Code, it can be concluded that the exonerationclause can be null and void by law. Then, preventive legal protection needs to becarried out by optimizing supervision by the Financial Services Authority, such astaking action against companies that have violated statutory provisions before theoccurrence of disputes or problems.
 Keywords: Legal Protection; Data Leakage; Financial Technology Companies

Illegal Electronic Investments in Trade Robot Missions According to the Criminal Law in Indonesia

Various financial technology companies are currently using standard agreements. With the rise of standard agreements, business actors began to include exoneration clauses to release all forms of responsibility for losses suffered by consumers. One of the companies that has included the exoneration clause is Koinworks in Article 5 of the Koinworks Terms & Conditions. Based on this statement, the authors conducted this research using two problem formulations, namely what are the legal consequences of applying the exoneration clause in standard agreements made by financial technology business actors when viewed from Article 1320 of the Civil Code? And how about preventive legal protection against leakage of consumer data by the negligence of financial technology companies? To be able to answer the formulation of the problem, the authors use normative juridical research methods with a statutory approach. The results of the study show that the legal consequences of applying the exoneration clause in standard agreements made by Financial Technology business actors when viewed from Article 1320 of the Civil Code, it can be concluded that the exoneration clause can be null and void by law. Then, preventive legal protection needs to be carried out by optimizing supervision by the Financial Services Authority, such as taking action against companies that have violated statutory provisions before the occurrence of disputes or problems.
 Keywords: Legal Protection; Data Leakage; Financial Technology Companies.