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
Problematika Implementasi Hukum Islam di Indonesia Studi Kasus Pernikahan Pujiono dan Lutfiana Ulfa
The general principle of syari'ah states that legal majority comes with physical puberty. Hence in theory, capacity to conclude a marriage contract basically depends upon proof of sexual maturity established under the normal rules of evidence rather than the attainment of a specific age. In examining the statutory measures on child marriage, it appears that the Compilation follows two main objectives: restriction and indirect prohibition. Since Muhammad himself married Aisyah at an exceedingly tender age, so it is almost impossible for pious Muslims to condemn the practice. A punitive approach to child marriage would also seem unlikely to achieve a desirable result. The indirect means was therefore justified on the basis of the siyasah syar'iyah doctrine; instead of declaring the minor marriage void, the Compilation confined themselves to discouraging it by administrative expedients.
Politics of Judicial Independence and Judicial Accountability in Czechia: Bargaining in the Shadow of the Law between Court Presidents and the Ministry of Justice
Judicial independence – Judicial accountability – Court presidents – Judicial politics – Separation of powers – Court administration – Judicial councils – Selection of judges – Czechia – Central Europe