Pencegahan Petugas Kantor Urusan Agama Dalam Pencatatan Nikah Dan Rujuk Dari Perbuatan Melawan Hukum (Gratifikasi)

Purwadi, Purwadi (2015) Pencegahan Petugas Kantor Urusan Agama Dalam Pencatatan Nikah Dan Rujuk Dari Perbuatan Melawan Hukum (Gratifikasi). Masters thesis, Fakultas Hukum Unissula.

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Abstract

Gratification in the registration of marriage and reconciliation after the publication of the law on the eradication of corruption is a tort. It is categorized against the law because marriage and reconciliation registration is one of the tasks and functions of the registrar of marriage officer, who in practice can be represented by the registrar who served in the Office of Religious Affairs which is the smallest unit of the Ministry of Religion Affairs. Therefore , gratification in the registration of marriage and reconcile must to do prevention. How to prevent graft in the registration of marriage and reconciliation, and how the rules on the implementation of marriage and reconciliation be effectively implemented is a question that must be answered in this study. The research methodology used in this issue is a socio-juridical method which is the study of legal norms in the form of social facts . Law as a social fact can be seen as "regularity behaviorial people in a society" (nomos, pattern of behavior) with descriptive-analytic specifications. Juridical-sociological research was used to examine the regularity of behaviorial citizens in terms of obedience to the certain laws and regulations. Results of research on the prevention of graft in the registration of marriage and reconciliation are, first, in carrying out the duties and functions, the registrar of marriage and reconciliation, in this case the registrar of marriage and reconcile which is chaired by the Head Office of Religious Affairs as well as the staff, as the state apparatus must comply with certain regulations. Accordace the issuance of Law No. 31 of 1999 jo Law No. 20 of 2001 on Corruption Eradication, The Ministry of Religious Affairs has changed the legislation in the registration of marriage and reconcile. These changes are in accordance with the demands of the law, where the rules are less to be aligned to follow and does not conflict with regulations that are in it. The Government Regulation No. 47 Year 2004 regarding Tariff for Non Tax State Revenue for the Ministry of Religious amended by Government Regulation No. 48 of 2014. Regulation of the Minister of Religious Affairs (PMA) No. 71 of 2009 which replaced the PMA No. 43 of 2006 is amended by PMA No. 24 of 2014 which finally updated with PMA No. 46 of 2014. The changes are government steps to prevent graft in the registration of marriage and reconcile. In these efforts, the registrar of marriage must comply with and execute consistently the applicable regulations in order to avoid graft. Secondly, the Ministry of Religious Affairs should take precautions by doing several things including socializing internal actors and the public about the laws and regulations of marriage and reconciliation registration. It should conduct transparent use of budget cost of marriage and reconciliation. It should strengthen the integrity of the registrar of marriage and reconcile. It should also conduct prevention of corruption through Government Internal Control System, as well as to increase public awareness. The Ministry of Religious Affairs should improve legal culture for registrar of marriage and reconcile. By so doing , gratuities on marriage and reconcile can be prevented. Keywords: the Office of Religious Affairs, Registration of Marriage and Reconciliation, Gratification.

Item Type: Thesis (Masters)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum
Pascasarjana > Magister Ilmu Hukum
Depositing User: Pustakawan Reviewer UNISSULA
Date Deposited: 05 Feb 2016 03:44
Last Modified: 05 Feb 2016 03:44
URI: http://repository.unissula.ac.id/id/eprint/2824

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