Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan
), Merry Tjoanda(2), Barzah Latupono(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.
Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.
Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.
Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated.Keywords
DOI
10.47268/pamali.v4i1.1474
Published
2024-03-31
How To Cite
@article{pamali1474,
author = {Fransiskus Solarbesain and Merry Tjoanda and Barzah Latupono},
title = {Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan},
journal = {PAMALI: Pattimura Magister Law Review},
volume = {4},
number = {1},
year = {2024},
keywords = {Divorce; Members of the Police; Permission from Superiors.},
abstract = {Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated.},
issn = {2775-5649}, pages = {54--71} doi = {10.47268/pamali.v4i1.1474},
url = {https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/1474}
}
Buku
Djamal Latief, H. M., Aneka Hukum Perceraian Di Indonesia, Ghalia Indonesia. Jakarta, 1982.
H. Boedi Abdullah, Beni Ahmad Saebani, Perkawinan Dan Perceraian Keluarga Muslim, Bandung: Pustaka Setia, 2013.
H. Rusdi Malik, Memahami Undang-Undang Perkawinan, Jakarta: Penerbit Universitas Trisakti, 2010.
Maria Farida Indrati S., Ilmu Perundang-Undangan: Jenis, Fungsi, dan Materi Muatan, Sleman: Kanisius, 2007.
Muhammad Nuh, Etika Profesi Hukum, Bandung: Pustaka Setia, 2011.
Muhammaad Syaifuddin, Sri Turatmiyah, Annalisa Y, Hukum Perceraian, Jakarta: Sinar Grafika, 2012.
Soebekti, Pokok-Pokok Hukum Perdata, Cet XX1, Jakarta: Intermasa, 1987.
Skripsi, Tesis, Distertasi, Online/World Wide Web dan Lain-Lain
Herman Supriyadi, “Ijin Perceraian Anggota TNI/Polri”, https://badilag.mahkamahagung.go.id/artikel/publikasi /artikel/ijin-perceraian-anggota-tnipolri-oleh-drsherman-supriyadi-173.
: 278 times
Download : 1874 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan |
| 2. | Creator | Author's name, affiliation, country | Fransiskus Xaverius Solarbesain; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Merry Tjoanda; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Barzah Latupono; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Divorce; Members of the Police; Permission from Superiors. |
| 4. | Description | Abstract | Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated. |
| 5. | Publisher | Organizing agency, location | Postgraduate Program in Law, Pattimura University |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2024-03-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/1474 |
| 10. | Identifier | Digital Object Identifier | 10.47268/pamali.v4i1.1474 |
| 11. | Source | Title; vol., no. (year) | PAMALI: Pattimura Magister Law Review; Vol 4, No 1 (2024): MARET |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : PAMALI: Pattimura Magister Law Review is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 Fransiskus Xaverius Solarbesain, Merry Tjoanda, Barzah Latupono
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
