MID EXAM ANSWER SHEET (UTS)

ODD SEMESTER 2021/2022

Student
: 19410253 Student Name : Muhammad Rifaldi Rizmawan
No.
Subject : Community Advocacy Exam Date : 11 November 2021
Exam Starting
Class : A-IP : 09:30(Indonesian Western Time)
Time
Rizky Ramadhan Baried, S.H., Exam Finished
Lecturer : : 10:45 (Indonesian Western Time)
M.H. Time

1. Resolving the dispute over the trial process can be said as the litigation process. The
adjustment of litigation-based dispute resolution is dependent on each case in dispute,
which is tied to the competency of each court. For example, if there is a case of default,
the General Court is the competent court because it has absolute competence over civil
law disputes, or if the case involves a government decision that has a negative impact on
the community, the public can file a lawsuit with the State Administrative Court. because
the Administrative Court has absolute competence over the challenge to the
government's decision. Non-litigation process refers to resolving legal disputes outside
of the courtroom. Alternative Dispute Resolution (ADR) is a non-litigation process.
According to Article 1 section (10) Law No. 30/1999, stated that, “Alternative Dispute
Resolution is a dispute resolution institution or difference of opinion through a procedure
agreed upon by the parties, namely an out-of-court settlement by means of consultation,
negotiation, mediation, conciliation, or expert judgment.” Prior to the litigation process,
cases will usually be brought to a non-litigation process first, except for dispute cases as
regulated in Article 4 paragraph (2) of Supreme Court Regulation No. 1/2016. If in the
non-litigation process there is no agreement, then on the basis of both parties, they can
immediately submit a litigation process based on the type of disputed case.
2. Advocacy, in general, can be defined as a set of acts that follow or a planned/directed
campaign to influence others, with the goal of changing public policy as the end result.
 The advocacy result if to ensure that the community can know what they rights and
obligations. If there is a disagreement between the person who gives the advocacy to
the community and the community itself. Then, the person who advocate the
community can direct the important things that are conveyed during the advocacy have
an impact on them, in a logical way so that it can be accepted by the community flexibly
without any coercion. Because in essence, the nature of the advocacy is as a form of
legal assistance to the community concerned when they are facing a legal case.
Directions from advocates in the advocacy process to the community must be accepted
because advocates who are advocating have competent knowledge in the legal sphere
rather than the community itself, so the community needs to realize that advocacy as a
process of legal aid provided by advocates has a crucial and strategic value in resolving
disputes that arise faced by the community concerned.
3. As an advocate who have the obligation to advocate for the community. The advocate
was obliged to dig into the laws and values that were adopted and implemented in the
society. The existence of the PKL, in this case happening in Yogyakarta, all street vendors'
business activities will be sourced from Regional Regulation of Yogyakarta City No. 26 of
2002 about Structuring Street Vendors. Article 1 letter (d) of the Regional Regulation a
quo defines street vendors as sellers of goods and or services who individually engage in
economic activities using areas belonging to roads or public facilities and are
temporary/non-permanent by using movable or immovable equipment. In the event
that when street vendors are going to conduct their business, each street vendor is
required to have a business license from the relevant Mayor as regulated in Article 6
letter (a) jo. Article 3 paragraph (1) Regional Regulation No. 26/2002. In other hand, the
Yogyakarta Regional Government also stipulates several areas that are prohibited from
being the location of street vendors, based on Article 8 paragraph (2) of Regional
Regulation No. 26 of 2002 stipulates that the prohibition of street vendors in front of the
Gedung Agung, Monumen Serangan Umum Satu Maret, Taman Makam Pahlawan
Kusumanegara, and other areas are prohibited under this Regional Regulation. So, if in
that case the PKL already has a business license, then they are forced and expelled from
 the PKL location on the grounds of using the public interest, then the PKL can refer to
Attachment 1 to the Regulation of the Mayor of Yogyakarta City No. 62 of 2009
concerning Guidelines for the Implementation of Regional Regulation no. 26 of 2002
concerning Structuring Street Vendors. In the attachment, the government has
determined areas that can be used for PKL locations, if the Satpol PP expels street
vendors where the location has been designated as a PKL area, then the Satpol PP does
not have a strong basis for controlling it. So that the rights of street vendors to do
business safely and comfortably cannot be contested and even expelled from their
location. Apart from that, the street vendors also have a business license in organizing
their street vendors business.
4. SWOT Analysis toward the Registration of Birth Certificate of child from Siri Marriage
Parent
- Strengths
The strengths position of this case, every child has the right to get the Birth
Certificate to ensure their existence as a child from their parents.
- Weaknesses
In the case of the issuance of a birth certificate, parents are required to attach a
family card as one of the requirements for the issuance of a birth certificate.
However, in Article 11 paragraph (1) letter a Government Regulation no. 96 of 2018,
it is stated that in the registration of KK must include a Marriage Book (Buku Nikah)
or Marriage Quotation (Kutipan Nikah). Whereas in unregistered marriages (Siri
Marriage), the Marriage Book or Marriage Quotation is not registered. This creates
legal uncertainty for the unregistered marriage itself as well as for the birth
certificates of children from unregistered marriages in the future.
- Opportunities
General Director of Civil Occupation, Ministry of Internal Affairs stated that every
child can get their Birth Certificate even from the parent who bind by Siri Marriage
with the Family Card attachment toward the authorized institution who issued the
Birth Certificate. Within the Family Card for Siri Marriage stated that the related
family is a family whose Siri marriage or whose marriage has not been registered
(Kawin Belum Tercatat) and the parents should fill the SPTJM Kebenaran which as a
married couple which is a statement made by a biological parent/guardian/applicant
with full responsibility for the status of a person's marital relationship, with the
knowledge of 2 (two) witnesses. Because, in Article 5 paragraph (2) of the Minister
of Internal Affairs No 9 of 2016 which states that the registration of a birth certificate
without a marriage certificate can be carried out with the SPTJM Kebenaran.
- Threats
With the Minister of Internal Affairs Regulation No. 9 of 2016 concerning the
Acceleration of Increasing the Coverage of Birth Certificate Ownership, especially
with regard to the substance contained in Article 4 paragraph (2) of the Minister of
Internal Affairs related to the Marriage Book, it can be replaced with the SPTJM truth
as husband and wife. With this regulation, the government wants to provide legal
certainty to children so that they immediately have a Birth Certificate so that it will
be easier for the child in the future to access all the needs of public facilities and so
on. However, there is a regulatory disharmony between the spirit brought in Law no.
1/1974 in conjunction with Law 16/2019 concerning Marriage and Islamic Law
Compilation (KHI). The Marriage Law clearly has the concept and spirit so that all
marriages in Indonesia are legal in the eyes of religion and state law. The
embodiment of legality in the eyes of religion and state law is the registration of
marriages which is manifested by the Marriage Book and Family Card. So, in the
future, the marriage will be easy to identify asbabun nuzul especially with regard to
the existence of children born from the marriage.
In regard to the disharmony of Minister of Internal Affairs Regulation No. 9 of
2016 and Law No. 1/1974 jo. Law 16/2019 concerning the Marriage and Islamic Law
Compilation (KHI), in affect to the child, if someday his parents passed away and
leave some assets, the existence of the child itself as the heir of their parent might
be questioned. Because, his name not yet registered as a child in the Civil
Registration Office by his parents. Not only will affect to the inheritance matter, but
 also unclear child status due to unclear parental status in accordance with the
Indonesian law. The parents from Siri marriage also will affect gray parental status
because they do not have written evidence of marriage, do not have legal status and
power for unregistered marriages, filing for divorce, and so on.
5. In Article 7 paragraph (2) of the KHI, it is stated that if a married couple does not have a
marriage certificate, they can submit an application to the Religious Court to be granted
a marriage itsbat (itsbat nikah). Itsbat marriage is an application to the Religious Courts
to ratify a marriage that has occurred but is not recorded. So, marriage can have legal
force. Unregistered marriage couples who are going to divorce first do the marriage
itsbat, so that the divorce can be done legally. The itsbat of divorce (itsbat cerai) can be
concurrent with the itsbat of marriage if you are going to file for divorce. Itsbat divorce is
the process of applying for marriage ratification (marriage siri) as well as divorcing one
of the parties, be it the wife or the husband. The status becomes legally recognized by
performing itsbat marriage and divorce at the same time. There are certain
requirements that must be met in order to file for a divorce isbat; if these requirements
are not met, you will be unable to petition for a divorce isbat. These provisions are as
follows: 1. The existence of a marriage that occurred before the enactment of Law no. 1
of 1974. 2. Marriage has been carried out, but the marriage is not valid or not registered
at the relevant Marriage Registry. 3. Loss of Marriage Certificate, but when asked to the
relevant Registrar or KUA, the data was not found. The following are the conditions for
obtaining an itsbat divorce: 1. Resident Identity Card (KTP) 2. Family Card (KK) 3. Cover
Letter from the KUA which explains that your marriage has been registered in the area of
the relevant KUA 4. Letter of Lawsuit or Application for Divorce If the KK is not Yes, you
can use KK in your own name. It is registered in the Religious Courts once these
prerequisites are met.