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Showing 84 articles found for "Civil"

Dinamika Pendidikan Islam Masa Daulah Abbasiyah dan Peranannya dalam Perkembangan Pendidikan

Jasmanidar, Ike Wahyuni, Zulmuqim, Fauza Masyhudi
Abstract: This abstract discusses Islamic education during the Abbasid Daulah era. Education is a place where someone interacts or the teaching and learning process takes place with the learning environment. Islamic educational institutions… stitutions are places where someone strives to increase students' faith, understanding, appreciation and practice of the Islamic religion so that they become individuals who believe and are devout in personal life, religion, society, nation and state. Islamic education began to develop from the time of the Prophet, the time of Khulafaur Rasyidin, the time of the Umayyah Daulah, the time of the Abbasid Daulah, until the present. Islamic education during the time of the Abbasid Daula experienced a golden age, at which time Islamic education was marked by amazing progress in the fields of science, culture and civilization, so that its existence can be proven through various sources of information recorded in history books and observers of history from various parts of the world that were once ruled by Islam. The aim of writing this article is to discuss the dynamics of Islamic education during the Abbasid period and its role in the development of Islamic education. The research method used in this research is library research. Sources of information for this research were obtained through various sources, print media, online media regarding the topics discussed. The results of the research in this article can be seen from the development of Islamic educational institutions that developed during the Abbasid period, including: mosques, Al-Hawanit al-Wariqien (bookstores), al-manazil al-ulama (houses of ulama), literary studios , madrasas, libraries and observatories, kuttabs, lower education in palaces, hospitals and badiahs.

IMPLEMENTATION OF E-GOVERNMENT THROUGH THE IMPLEMENTATION OF THE DIGITAL IDENTITY CARD PROGRAM AT THE OFFICE OF POPULATION AND CIVIL REGISTRATION OF AMBON CITY

Mansye Bakarbessy, Petronela Sahetapy, Julia Theresia Patty
Abstract: Penelitian ini merupakan penelitian deskriptif kualitatif yang bertujuan untuk mengetahui Bagaimana Penerapan e-Government Melalui Pelaksanaan Program KTP digital di Dinas Kependudukan dan Pencatatan Sipil Kota Ambon. Penelitian… nelitian ini dilaksanakan di Dinas Kependudukan dan Pencatatan Sipil Kota Ambon. Pengambilan data primer dilakukan melalui observasi, wawancara dan dokumentasi terhadap sejumlah informan yang dianggap terlibat secara langsung dalam Penerapan e-Government Melalui Pelaksanaan Program KTP Digital di Dinas Kependudukan dan Pencatatan Sipil Kota Ambon. Hasil penelitian ini menunjukan bahwa program KTP Digital telah memberikan kontribusi signifikan dalam meningkatkan efisiensi dan aksesibilitas layanan administrasi kependudukan. Namun, masih terdapat tantangan terkait infrastruktur,  sumber daya manusia, keamanan data, penerimaan masyarakat, serta kurangnya informasi yang diberikan oleh aparat desa atau instansi tertentu mengenai kebijakan baru terkait aktivasi KTP digital, sehingga ada banyak masyarakat yang belum mengetahui tentang adanya KTP digital. Penelitian ini memberikan wawasan penting bagi pemerintah dalam mengoptimalkan implementasi E-Government untuk meningkatkan kualitas pelayanan publik secara keseluruhan.

Legal Responsibility of Bank Towards Customers In Cases of Personal Data Leakage

Sri Anggraini Kusuma Dewi
Abstract: The purpose of this study is to analyze the legal responsibility of banks towards customers in cases of personal data leaks, examine the extent of legal protection provided to customers, and describe efforts that can be… made to minimize the risk of data leaks. This study uses a literature study method by collecting and analyzing various legal sources, such as laws and regulations, court decisions, journals, and literature related to data protection in the banking sector. The results of the study indicate that banks have legal responsibilities based on the Personal Data Protection Law (UU PDP) and banking provisions to maintain the confidentiality of customer data. If a data leak occurs, the bank can be subject to administrative, civil, or even criminal sanctions depending on the level of negligence. In addition, this study found that customers have the right to claim compensation if the data leak causes material or immaterial losses. However, the effectiveness of law enforcement still faces challenges, such as lack of customer awareness and complexity of evidence. Therefore, it is necessary to strengthen regulations, improve cybersecurity systems by banks, and educate customers to mitigate the risk of data leaks. The implications of this study are expected to provide recommendations for regulators and banking industry players in strengthening the protection of customer personal data.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF MK DECISION NO. 69/PUU XIII / 2020

Annisa Purba
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

Perlindungan Hukum Para Pihak dalam Perjanjian Elektronik Menurut Hukum Perdata Indonesia

Nawaskoro, Hardito, Luthfiyyah Amalina Husna
Abstract: Advances in information and communication technology have spurred substantial changes in legal transaction procedures in Indonesia, primarily through the utilization of electronic agreements. Agreements that were previously… sly made in traditional paper formats are now frequently conducted digitally, raising legal concerns regarding their legality, validity, evidence, and legal protection for the involved parties, particularly consumers. Although electronic agreements are normatively recognized in the Civil Code (KUHP) and the Law on Electronic Information and Transactions, practical implementation issues persist, leading to legal uncertainty. This research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Data was obtained through a literature review of primary, secondary, and tertiary legal sources related to electronic agreements and civil legal protection. Qualitative descriptive analysis was conducted to investigate the legal status of electronic agreements and the legal protection available for the parties within the Indonesian legal framework. The discussion results indicate that electronic agreements possess legal validity and binding force equivalent to traditional agreements, provided they meet the criteria for a valid agreement as outlined in Article 1320 of the Civil Code and the provisions of the Information Technology Law. Legal protection in electronic agreements encompasses legal certainty, the recognition of electronic document and signature evidence, and consumer protection against detrimental standard clauses. Nevertheless, challenges remain in establishing party identification, ensuring the integrity of digital contracts, and addressing power imbalances between commercial entities and consumers. This study concludes that while electronic agreements are legally recognized under Indonesian civil law, enhancing legal protection requires strengthened regulations, consistent law enforcement, and improved legal and digital literacy among the public to ensure secure, fair, and equitable electronic transactions.  

THE AUTHORITY OF A NOTARIAL DEED COPY THAT UNDERTAKES CORRECTIONS DUE TO WRITING AND/OR TYPING ERRORS

Fandy Purnama, I Wayan Wesna Astara, Ida Bagus Agung Putra Santika
Abstract: The ambiguity of the norms in Article 51 of the Law raises issues regarding the validity of copies of corrected deeds and the liability of Notaries towards the parties involved. This study aims to analyze the legal status… s of the corrected deed copies and the forms of Notaries' responsibility for errors that occur. The research method used is normative juridical legal research with legislative and conceptual approaches, through descriptive qualitative analysis of primary and secondary legal materials. Research findings indicate that corrections to copies of deeds remain valid and equivalent to the deed minutes as long as the errors are administrative in nature and the corrections are made in accordance with regulations, so they do not alter the substance of the deed. However, if corrections are made not in accordance with the UUJN procedures or result in substantial differences with the minutes, then the copy of the deed may be downgraded to a private deed and categorized as a legally defective deed. Notaries are liable in civil, administrative, criminal, and ethical terms, because such negligence constitutes an unlawful act under the concept of liability. In conclusion, corrections to deed copies remain valid as long as they do not change the substance and are carried out according to procedure, while Notaries are obliged to bear legal responsibility for any typing or writing errors arising from their negligence.

BACK -DATED AGREEMENTS ACCORDING TO AGREEMENT LAW IN DELI SERDANG

Albin Fajzri
Abstract: The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded… that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites (agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF THE CONSTITUTIONAL CONSTITUTIONAL CONSTITUTION 'S DECISION

Rico Lubis, Carlos Sianturi
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

LEGAL REVIEW OF THE VALIDITY OF BACK-DATED AGREEMENTS ACCORDING TO AGREEMENT LAW IN INDONESIA

Binaku
Abstract: The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded… that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites ( agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF MK DECISION NO. 69/PUU XIII / 2015  (Analysis of Determination Number 80/Pdt.P/2020/PN.Ptk)

Jaka
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.