Yamin, M.J Saptenno, J.Tjiptabudy, J.J.Pieterz
Abstract:
This research aims to know, study and analyze the essence, function and authority of the Regional Government for guidance, service and legal protection for the congregation in the implementation of the Hajj and Umrah pilgrimage in Maluku province, Indonesia. This research is normative legal research with statutory, case, historical, comparative and conceptual approaches. The sources of legal materials used are primary, secondary and tertiary legal materials. Collecting legal materials uses library research and interviews. Then it is described and analyzed qualitatively. The research results show that; The nature, function and authority of the Regional Government for service, guidance and protection of the congregation in carrying out the Hajj and Umrah pilgrimage is contained in Law Number 8 of 2019 concerning the Implementation of the Hajj and Umrah Pilgrimage, namely: a) providing guidance, service and protection for the congregation Hajj and Umrah so that they can carry out their worship in accordance with the provisions of the Sharia; and b) realizing independence and resilience in organizing the Hajj and Umrah pilgrimages. That; legal regulations related to the function and authority of the Regional Government for services, guidance and legal protection for pilgrims in the implementation of the Hajj and Umrah pilgrimages as regulated in Law no. 8 of 2019, PMA no. 8 of 2018, and PMA No. 13 of 2018 which is a guide that fully regulates the implementation of the Hajj and Umrah starting from the departure destination, departure, accommodation services, return, supervision, to sanctions for violations that occur in the procession of holding the Hajj and Umrah.
Anthoni Hatane, SEM Nirahua, J. Tjiptabudy, H. Salmon
Abstract:
Research aims 1). Examining, analyzing and finding a philosophical extension of substantive justice in disputes over the results of the election of Governors, Regents and Mayors at the Constitutional Court. This research uses normative legal research methods. This research was carried out by examining existing concepts, doctrines, theories and statutory provisions using a philosophical approach, a statutory approach and a conceptual approach. The research results show that: 1). The philosophy of extending substantive justice in disputes over the results of the election of Governors, Regents and Mayors in the Constitutional Court is a form of legal application that must be manifested in various Constitutional Court Decisions. This is because so far the Constitutional Court decisions have not reflected the values of justice, especially substantive justice. Therefore, the Constitutional Court decision does not fulfill the sense of justice, usefulness and legal certainty in achieving legal objectives. The Constitutional Court as a constitutional court must be enforced by prioritizing substantive justice in order to be able to prove that there are no structured, systematic and massive violations.
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