Suchergebnisse

Provisions for the execution of the madliyah livelihood conditions in statutory regulations, especially in the provisions of Article 70 of Law Number 7 of 1989 concerning the Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009, directly result in a lack of certainty. The law on the right to maintain madliyah livelihood also has direct implications for the trust of society, especially women, in the Religion Courts which should be able to defend women's rights and serve as a bridge to resolve issues of rights that should be obtained, namely madliyah livelihood after divorce. The execution of the wife's madliyah livelihood has implications for the judge's decision, namely: first, the judge does not have a legal basis regarding how the procedure for carrying out the execution that should be carried out for the process of executing the madliyah livelihood. Second, there is no complete regulation up to the implementation of decisions in regulating the rights to support the wife and children - one of which is the madliyah livelihood. Efforts to be able to provide legal certainty for executions at the Religion Courts can be done by completing regulations and building mechanisms.

This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.

Ethics supervision of constitutional justices is an important issue for the development of ethics supervision system in the Constitutional Court, because the supervision of constitutional justices is a means of maintaining the independence and impartiality of constitutional justices, which is in fact the main pillar of an independent judiciary. In its development, there has always been a debate about the ethics supervision of the constitutional justices, whether the justices should be overseen externally or internally. This is because, juridically, the law does not regulate it clearly. Based on the above background, the research issues drawn are: (1) What is the significance of ethics supervision toward constitutional justices ?; (2) What is the system of ethics supervision of constitutional justices according to Indonesia's current positive law, (3) How to reconstruct the system of ethics supervision of constitutional justices more optimally in the future? Based on the result of the research entitled "Reconstruction of Ethics Supervision System toward Constitutional Justice", the following conclusions are obtained: (1) Based on philosophical, juridical and empirical perspective, ethics supervision of constitutional justices has important meaning in order to maintain and uphold the honor, dignity, and the behavior of constitutional justices. (2) Based on the analysis of the evolution of the ethics supervision system, the result shows that the ethics supervision system toward constitutional justices which is always changing indicates that there is still no standard system as a guideline for the enforcement of alleged violation of ethics against the constitutional justices. Therefore, there is a need for normative reconstruction of the ethics supervision system toward constitutional justices through legislation. (3) The reconstruction of the ethics supervision system toward constitutional justices can be done through: a. Amendment to the 1945 Constitution by adding a new norm governing the provision on ethics supervision system toward constitutional justices, b. Amendment to the Constitutional Court Law.

The research used is normative legal research. Arrangements for land acquisition promulgated through Law no. 2 of 2012 specifically became the strongest legal basis used in land acquisition for the benefit of public development. Land acquisition in many cases causes cases, especially regarding the provision of compensation in the land acquisition process due to data manipulation by third parties with bad intentions where the subject in land control is not necessarily the owner of the land object. In Article 18 paragraph 2 letter f and g in Government Regulations No 19 of 2021 concerning the Implementation of Land Procurement for Development in the Public Interest, it seems as if it positions the community as a vulnerable party in the context of land acquisition because they are the rightful party in the event of a dispute over land objects that are in fact controlled and/or illegally owned by third parties. In addition, it also opens up opportunities for irresponsible parties to falsify proof of ownership of land objects by taking advantage of this norm gap.