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Articles 1 - 30 of 53
Full-Text Articles in Law
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas
Jurnal Hukum & Pembangunan
As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which …
Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), Priskila Pratita Penasthika
Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), Priskila Pratita Penasthika
Jurnal Hukum & Pembangunan
The historical background of contractual choice of law is still hardly discussed in the literature of Indonesian private international law. The available literature merely focuses on the scope and limitation of the choice of law. The choice of law is accepted and discussed as a widely acknowledged doctrine without sufficiently addressing its origin and evolvement until it became the concept as we understand to date. Employing an exposition through the academic literature, this article studies the narrative that began the idea of contractual choice of law up to the end of the 19th century as an intricate idea in private …
Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Atas Warisan, Apakah Warisan (Dalam Garis Keturunan Sedarah) Harus Dikenai Bphtb?, Eka Wijaya Silalahi
Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Atas Warisan, Apakah Warisan (Dalam Garis Keturunan Sedarah) Harus Dikenai Bphtb?, Eka Wijaya Silalahi
Jurnal Hukum & Pembangunan
Tax is the main element of income for the state treasury so that the tax function is essential in financing all needs in the administration of the state. This study examines and explores whether inheritance can be taxed, especially BPHTB, for inheritance in the form of land or buildings. This study uses a normative juridical method (Library Research) with secondary data as the source. The results of the study indicate that the inheritance (in blood lineage) in the form of land or buildings should not be taxed (Customs and Land Rights Acquisition Fees).
Perlindungan Terhadap Simpanan Pernah Tercatat Pada Bank, Bukan Suatu Keniscayaan, Yudha Ramelan
Perlindungan Terhadap Simpanan Pernah Tercatat Pada Bank, Bukan Suatu Keniscayaan, Yudha Ramelan
Jurnal Hukum & Pembangunan
Many types of crimes occur in the banking sector, which has implications for losses suffered by people who save their money in banks. One example of crime is taking deposits out from the bank by breaking the law. It causes deletion data of customer deposits from the bank's balance sheet or a list of third party funds. Customers are declared to have already received payment from the bank, and hence the agreement to deposit funds between the customer and the bank is reported to have ended. This condition can make customers’ right to get a refund of their money from …
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga
Jurnal Hukum & Pembangunan
This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not …
Corporate Social Responsibility Sebagai Promosi Perseroan Terbatas, Chandra Yusuf, Endang Purwaningsih
Corporate Social Responsibility Sebagai Promosi Perseroan Terbatas, Chandra Yusuf, Endang Purwaningsih
Jurnal Hukum & Pembangunan
The application of Corporate Social Responsibility (CSR) and Fiduciary Duty in Law No. 40 of 2007 concerning Limited Liability Companies creates a conflict of interest. The problem that arises is the placement of CSR in the company's income statement that will reduce the company's dividend distribution. This violates the principle of "fiduciary duty". Directors of Limited Liability Company must maximize shareholder prosperity. So far, CSR is considered a social activity. To avoid conflicts of interest, CSR must be classified into a promotional account in the financial statements, especially the Balance Sheet. The method used to assess CSR refers to the …
Pola Pertanggungjawaban Rumah Sakit Dalam Penyelesaian Sengketa Medis Di Indonesia, Wahyu Andrianto, Djarot Dimas Achmad Andaru
Pola Pertanggungjawaban Rumah Sakit Dalam Penyelesaian Sengketa Medis Di Indonesia, Wahyu Andrianto, Djarot Dimas Achmad Andaru
Jurnal Hukum & Pembangunan
Several cases of medical disputes between patients and hospitals include the case of missing baby number 98 at Hasan Sadikin Hospital Bandung in 1987, the false gas case in which O2 Gas is exwith CO2 Gas during an operation at the RSUD M Yunus Bengkulu Hospital in 2001, and the Debora Case at the Hospital The Kalideres Jakarta Family Partner in 2017 — invited various questions about how the hospital as an institution of health service facilities, in this case, is responsible. In the 1945 Constitution Article 34 paragraph 3 explains that citizens have the right to receive proper welfare …
Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo
Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo
Jurnal Hukum & Pembangunan
This article is derived from research conducted by the authors in some provinces in Indonesia. The focus of the research is the administration of zakat (alms) by the state, in this case, is BAZNAS at various provinces in Indonesia in the aftermath of Law No. 23/ 2011 on Zakat Administration. The authors select two provinces where Muslim inhabitants are a minority, namely in North Sulawesi and East Nusa Tenggara (NTT) and three provinces where Muslims are majority namely in Aceh, West Nusa Tenggara, and Gorontalo. There is three focus of questions: 1. The practice of zakat administration by the BAZNAS; …
Analysis On The Effectiveness Of “Unbundling” And “Open Access” In Indonesian Gas Business Sector, Parulian Paidi Aritonang
Analysis On The Effectiveness Of “Unbundling” And “Open Access” In Indonesian Gas Business Sector, Parulian Paidi Aritonang
Jurnal Hukum & Pembangunan
Natural gas is a very important non-renewable natural resource that controls the lives of many people. Therefore, the exploitation and utilization of natural gas must be carried out wisely and for the greatest prosperity of the people. This is mandated in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia that "Earth, water and the natural resources contained therein are controlled by country and used for the greatest prosperity of the people". With the promulgation of Law Number 22 the Year 2001 concerning Oil and Gas, there has been restructuring in the implementation of natural gas …
Perlindungan Hukum Nasabah Dalam Perjanjian Telemarketing Bank, Sri Lestari Poernomo
Perlindungan Hukum Nasabah Dalam Perjanjian Telemarketing Bank, Sri Lestari Poernomo
Jurnal Hukum & Pembangunan
Telemarketing is one of the banking products. This research is conducted to analyze the validity of the agreement that was born and the offering of banking products through telemarketing, transactions made in telemarketing activities almost entirely do not fulfill the legal agreement requirements, namely contracts because if there are elements of oversight and fraud, the Bank must be responsible if a loss occurs because the bank uses customer data to be referenced to the insurance company that works with the bank. The problem examined is how the validity of the agreement that was born from bank telemarketing activities and the …
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.
Jurnal Hukum & Pembangunan
The period of 90 (ninety) days to file a claim in the Administrative Court (PTUN) plays an important role because if the period is passed, the Administrative Decision (KTUN) can not be claimed even if the KTUN contains defects. The basic principle of regulation the period for filing a claim to the Administrative Court is determined explicitly in Article 55 of the Law of Administrative Courts, which is 90 (ninety) days after the KTUN is received or announced which can be applied in several variables that prove the opportunity for everyone can take legal action if the Administrative Decision issued …
Penerapan Asuransi Lingkungan Hidup Pada Pemanfaatan Lahan Gambut Di Sektor Kehutanan, Hari Prasetiyo, Kurnia Togar P. Tanjung, Jeremy Jordan
Penerapan Asuransi Lingkungan Hidup Pada Pemanfaatan Lahan Gambut Di Sektor Kehutanan, Hari Prasetiyo, Kurnia Togar P. Tanjung, Jeremy Jordan
Jurnal Hukum & Pembangunan
Forest and land fires, especially on peatlands that often occur in Indonesia, have a huge negative impact both for the environment and for the community. The enforcement of civil law to obtain compensation for damages to the environment and the community must be obtained. The basic use of civil liability through absolute responsibility can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. The basic use of civil liability through strict liability can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. …
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati
Jurnal Hukum & Pembangunan
As a result of deliberation and representation based democracy in Indonesia, the UUD 1945 before the amendment presented MPR as the highest state institution that absorbed people's sovereignty, so it gained legitimacy to be a superordinate of state institutions in various branches of power. The MPR’s position as the highest state institution was also accompanied by a legislative function, in which the MPR was able to make its legal product known as Tap MPR. The change in the position of the MPR, which was no longer the highest institution of the state in the constitutional structure since the enactment of …
Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina
Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina
Jurnal Hukum & Pembangunan
Since 2009, there have been significant regulatory changes in coal mining in Indonesia, beginning with the enactment of Law No.4 of 2009 concerning Mineral and Coal Mining, which replaced the prior system of contracts and mining authorizations (Kuasa Pertambangan; KP) with mining business permits (Ijin Usaha Pertambangan; IUP). There are two types of IUP: exploration and production operation. Then, the mechanism of Clean and Clear was created to reduce the large numbers of overlapping licenses. This article explores Indonesian regulatory changes and court rulings in coal mining and clarifies share divestment requirements for foreign investors in Indonesian coal-mining operations, which …
Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono
Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono
Jurnal Hukum & Pembangunan
Marriage is a spiritual bond between a woman and a man as husband and wife to form a happy and eternal family based on the Godhead. For that marriage must be done by fulfilling the rules of marriage law in accordance with applicable law. One of the requirements for a marriage is in accordance with Article 6 of the Marriage Law No. 1 of 1974 is: A person who is still bound by a marriage with another person cannot remarry except to fulfill the provisions of Article 3, (2) and article 4. If this point is not fulfilled, and the …
Hak Penguasaan Negara Terhadap Sumber Daya Alam Dan Implikasinya Terhadap Bentuk Pengusahaan Pertambangan, Tri Hayati
Hak Penguasaan Negara Terhadap Sumber Daya Alam Dan Implikasinya Terhadap Bentuk Pengusahaan Pertambangan, Tri Hayati
Jurnal Hukum & Pembangunan
Granting mining licenses brings various negative impacts in various aspects. In addition to the environmental damage that must have been caused, it also caused a lot of leakage in the revenue of state finances that should have been received by the State. Permits should be a controlling instrument in mining operations, so that they are in accordance with the philosophical meaning as mandated by Article 33 paragraph (3) of the 1945 Constitution. The meaning contained in the Article is the principle of "State's Right to Control" over natural resources and the mandate "for the greatest prosperity. people". These two things …
Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari
Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari
Jurnal Hukum & Pembangunan
Resignation is one of the mechanisms for terminating employment relations that requires voluntary factor in the employee’s action. However, in a number of cases, the resignation was actually not based on the initiative of employee, but was motivated by the employer’s action who put employee into difficult situation so that he/she had no choice but to resign. Therefore, it is necessary to further examine the regulations regarding termination of employment and their implementation at the Industrial Relations Court level toward cases about the employee’s involuntary resignation in decision no. 262/Pdt.Sus- PHI/2017/PN.Mdn, no. 5/Pdt.Sus-PHI/2016/PN.Bna, and no. 18/Pdt.Sus- PHI/2015/PN.Pal. The research is …
Pengaturan Pertanggungjawaban Mutlak Wajib Pajak Di Indonesia Dalam Perspektif Keadilan Dan Kemanfaatan Umum, Henry Dianto Pardamean Sinaga
Pengaturan Pertanggungjawaban Mutlak Wajib Pajak Di Indonesia Dalam Perspektif Keadilan Dan Kemanfaatan Umum, Henry Dianto Pardamean Sinaga
Jurnal Hukum & Pembangunan
The increasing of tax evasion and tax avoidance, due to lack of taxpayer’s liability regulation in tax legislation, has been very detrimental to state revenues. Based on normative juridical research with descriptive-comparative-prescriptive approach which has been done, it is concluded that the regulation of strict liability of taxpayers of Indonesia can: 1) fulfill the sense of justice in terms of equality and or fairness as long as it meets the condition that reflects of material justice and formal justice which must be regulated explicitly in tax legislation; and 2) provide public benefit to the state in handling the social welfare …
Problematika Lembaga Mahkamah Agung Dalam Penegakan Hukum Di Indonesia, Muntaha -
Problematika Lembaga Mahkamah Agung Dalam Penegakan Hukum Di Indonesia, Muntaha -
Jurnal Hukum & Pembangunan
A process of law enforcement was considerably as part of system of judicature as well as a part of procedure of justice. The issue on this research is “What is the problematic in Supreme Court related to law enforcement in Indonesia”. This study principally aimed: a. Academically, as further base data. b. Practically, as evaluated material for Supreme Court in adjusting related to law enforcement in institutional jurisdiction. The used method in this research is by means of conceptual approach. Subsequently, the outcome is that problematic of law enforcement toward Supreme Court are: a. Integrity of law enforcer that has …
Perjanjian Asuransi Pertanian Pada Program Ketahanan Pangan Oleh Pemerintah, Zahry Vandawati, Rizki Dermawan, Hilda Sabrie
Perjanjian Asuransi Pertanian Pada Program Ketahanan Pangan Oleh Pemerintah, Zahry Vandawati, Rizki Dermawan, Hilda Sabrie
Jurnal Hukum & Pembangunan
In an effort to achieve food security, the government seeks to protect agricultural products by means of agricultural insurance programs. The insurance company is liable to compensate farmers in case of losses incurred by risks such as floods, droughts and plant disturbing organisms. Legal protection for farmers is given in accordance with the rights of peasants mandated by the Law. This research uses a type of normative legal research to find the rule of law, legal principles, and relevant legal doctrines and conduct a study of legal concepts. The approach method used in this research is the legislative approach and …
Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia, Ridha Aditya Nugraha, Kartika Paramita
Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia, Ridha Aditya Nugraha, Kartika Paramita
Jurnal Hukum & Pembangunan
The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather …
Redressing The Online Transaction Fraud Victim Treatment And Interest Fulfillment In Criminal Justice System, Anton Hendrik Samudra
Redressing The Online Transaction Fraud Victim Treatment And Interest Fulfillment In Criminal Justice System, Anton Hendrik Samudra
Jurnal Hukum & Pembangunan
This article gives idea on how to redress online transaction fraud victim in criminal justice system. The method applied is by looking scholars’ studies, statutes, observation of victimization process and interviewing law enforcement and victim. In several occasions, investigators turned to blame the victim when they report the crime. For several unsolved cases, the victim asked to revoke their report. This caused by investigator’s view that victim recklessness and failure to think what is deservedly suppose is the main cause of the crime. Treatment and interest fulfillment of online transaction fraud victim in criminal justice system should be redressed, such …
Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral
Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral
Jurnal Hukum & Pembangunan
Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability …
Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy
Pelaksanaan Corporate Social Responsibility Dan Zakat Perusahaan Perbankan Syari’Ah Di Madura, Erie Hariyanto, Mohammad Ali Al Humaidy
Jurnal Hukum & Pembangunan
Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business …
Tinjauan Yuridis Pertanggungjawaban Hukum Kartu Kredit Pemerintah Di Indonesia, Shandy Aditya Pratama, Abdul Salam
Tinjauan Yuridis Pertanggungjawaban Hukum Kartu Kredit Pemerintah Di Indonesia, Shandy Aditya Pratama, Abdul Salam
Jurnal Hukum & Pembangunan
Government credit cards are new products whose applications are currently being piloted by the Directorate General of State Treasury to a number of work units and government institutions. This credit card is intended for government employees as a means of payment in order to use inventory money. Based on the Regulation of the Director General of Treasury No. PER-17/PB/2017, sanctions imposed on misuse of government credit cards are only by giving a warning letter and revocation of the credit card. By examining the elements of legal liability, this paper shows what sanctions can actually be imposed for misuse of government …
Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin
Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin
Jurnal Hukum & Pembangunan
Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held …
Peran Indonesia Dalam Menangani Etnis Muslim Rohingya Di Myanmar, Mohammad Rosyid
Peran Indonesia Dalam Menangani Etnis Muslim Rohingya Di Myanmar, Mohammad Rosyid
Jurnal Hukum & Pembangunan
Indonesia is a country that is independent but actively participates in global politics including in the case of state or majority oppression against minority ethnic or group, such as the case of Rohingya in Myanmar. Rohingya is a moslem minority ethnic living in Myanmar targeted in genocide and banished from the country under the military government. Meanwhile, the civil leader of Myanmar, Aung Sang Suu Kyi, remains silent despite her Peace Prize Nobel. On the other hand, the political stance of ASEAN needs to be strengthened to find the solution for Rohingya without intervening internal affairs of the country. Indonesia …
Perlindungan Hukum Terhadap Korban Kejahatan Pada Proses Penyelidikan Dan Penyidikan Dalam Sistem Peradilan Pidana, Rena Yulia, Dadang Herli, Aliyth Prakarsa
Perlindungan Hukum Terhadap Korban Kejahatan Pada Proses Penyelidikan Dan Penyidikan Dalam Sistem Peradilan Pidana, Rena Yulia, Dadang Herli, Aliyth Prakarsa
Jurnal Hukum & Pembangunan
The police is the first and main gate in the process of law enforcement. Crime victims will report or complain about the criminal incident they experienced to the police. For reports or complaints of victims, the police will conduct an investigation to find and even that is suspected of being a criminal offense in order to determine whether or not an investigation can be conducted. In the process of investigation, victims are often treated as witnesses, or even reported. Victims are given entrapment questions and the attitude of the police treat victims not as victims. The victim becomes secondary victimization. …
Aspek Hukum Janji Prakontrak Dalam Pranata Hukum Kontrak Indonesia, Natsir Asnawi
Aspek Hukum Janji Prakontrak Dalam Pranata Hukum Kontrak Indonesia, Natsir Asnawi
Jurnal Hukum & Pembangunan
The precontractual issues in Indonesia had been raised due to the existing gap between the codification of contract law and the practical needs in contract law. As an umbrella act of civil law, The Indonesian Civil Code (Burgerlijke Wetboek) has yet regulate precontractual issue. Likewise, the judicial practice remains to establish law certainty (formalitiy of a contract), instead of giving justice to the parties who get injured on account of breaking the precontractual promises. Due to effort of updating the contract law, its substance should attach precontractual as a crucial term. Precontractual promissory should be stated as legally bound to …
Analysis Of Lafadz Ta'liq Talak In Islamic Law Perspective And Civil Law Of Marriage/Compilation Of Islamic Law, Nurhadi -
Jurnal Hukum & Pembangunan
Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion …