AUTHORITY CONFLICT OF THE COURTS IN ACEH: A CASE STUDY OF SETTLEMENT FOR CHILDREN SECLUSION IN CHILDREN PROTECTION
This study is aims to discuss about Shari’a Courts, Adat Courts and The Juvenile Criminal Courts authority. And also to discuss about the concept of legal certainty, child protections and conflict jurisdiction of the courts cases involving Khalwat Moslem children in Aceh. These study adopted two approaches, namely normative and empirical approaches.The results showed that, all courts have jurisdiction to try cases of Khalwat Moslem children in Aceh. Therefore, there is legal uncertainty and conflict of jurisdiction courts. At the same time, resulting in the protection of the child is not fully guaranteed. Keywords: Cases of Khalwat Children, Child Protection, Conflict Jurisdiction of Courts, Legal Certainty
Penyelesaian Kasus Mesum melalui Peradilan Adat Gampong di Aceh (Suatu Kajian Kasus di Banda Aceh)
Treatment nasty case in Banda Aceh, Aceh province could also be implemented through Local Customary Courts. Settlement through customary courts always be informal or through peace way. On the other hand, Aceh Qanun No. 14 of nasty arranges it as well, in which the nasty cases will be resolved by the Syarâ€™iyah Court. This study aimed to see, if the Local Customary Court has the authority to deal with nasty case, and whether the decision made by the Local Customary Court shall be final and tight. The study was conducted by interviewing Local Customary Court judges, Wilayatul Hisbah and Communities. The method used was a qualitative study. The result showed that both the Local Customary Courts and the Syarâ€˜iyah Court have the same authority in handling the nasty case in Banda Aceh. In fact, sometimes, the local customary courts also resolve cases that have been categorized as adultery. Treatment cases of nasty, with local customary court have no final and strong legal force, because if the parties are not satisfied with the decision of the Customary Court, they can still bring the Government of Aceh in order to perform an amendment to the articles of those Qanun. Then, the special cases that are categorized as adultery should immediately be resolved by the Syarâ€™iyah Court.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.