Children and Law in the Shadows: Legal Ideologies and Personal Strategies in Response to Parental Abductions in Japan

2021 ◽  
Vol 29 (3) ◽  
pp. 523-549
Author(s):  
Allison Alexy
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Family Law ◽  
Legal Consciousness ◽  
Legal Assistance ◽  
Family Conflicts ◽  
Japanese Family ◽  
Law System ◽  
The Family ◽  
Individual Strategies

Abstract In contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law's “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written and unwritten rules surrounding Japanese family law reward those who seek solutions outside of formal channels, thereby co-constructing the legal system as unable to solve family conflicts. Linking individual strategies with outcomes, it concludes that family members who expect less assistance from the formal legal system often end up winning more.

scholarly journals Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma
Keyword(s):  
Legal System ◽  
Distribution System ◽  
Family Law ◽  
Distribution Method ◽  
Inheritance Law ◽  
Male And Female ◽  
Law System ◽  
The Family

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965

scholarly journals PENGEMBALIAN ASET TINDAK PIDANA KORUPSI PELAKU DAN AHLI WARISNYA MENURUT SISTEM HUKUM INDONESIA DALAM MEWUJUDKAN NEGARA HUKUM KESEJAHTERAAN

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Haswandi Haswandi
Keyword(s):  
Law Enforcement ◽  
Welfare State ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Civil Lawsuit ◽  
The Family ◽  
Asset Recovery ◽  
The Law ◽  
Close Relatives ◽  
Cover Up

Criminal laws regulating asset recovery of corruption today experience a paradigm oversight since it only relies on the money substitute in corruption under Article 18 of Law No. 31, 1999 concerning The Eradication of The Crime of Corruption as amended with the Law No. 20, 2001 in which asset recovery is addressed only to the convict. In fact, modus to cover up the proceed of corruption usually involves the family, close relatives or confidants including the heirs. The obstacle in recovering the asset is that civil lawsuit is not yet effective as the means to recover the asset, the organization of law enforcement, the ratification of 2003 UNCAC that is also not yet effectively implemented in Indonesian law, and the laws against corruption that are weak. Future concept of law in asset recovery of proceed of corruption by the culprit and the heirs in order to materialize a legal welfare state should at least done through progressive laws i.e. reformation of law, optimization of Mutual Legal Assistance, the widening of authority implemented by the Eradication Commission of Corruption in recovering the asset as the proceed of corruption, the strong inter-agency coordination of law enforcements, and the urgency to promulgate the Recovery Asset Act.Keyword: Recovery; Proceed of Corruption; HeirsABSTRAKPerangkat hukum pidana dalam mengembalikan aset hasil tindak pidana korupsi pada saat ini mengalami kekeliruan paradigma karena hanya mengandalkan uang pengganti kejahatan korupsi yang terkandung dalam Pasal 18 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan Undang-Undang Nomor 20 Tahun 2001, di mana Pengembalian harta atau kekayaan hanya ditujukan kepada terpidana. Padahal modus menyembunyikan harta kekayaan hasil korupsi biasanya dengan menggunakan sanak keluarga, kerabat dekat atau orang kepercayaannya termasuk para ahli warisnya. Hambatan pengembalian aset tindak pidana korupsi disebabkan belum efektifnya gugatan perdata sebagai sarana untuk mengembalikan aset hasil kejahatan korupsi, kelembagaan penegak hukum, belum efektifnya Ratifikasi UNCAC 2003 dilaksanakan dalam hukum Indonesia, serta kelemahan di ranah regulasi tindak pidana korupsi. Konsep hukum mendatang dalam pengembalian aset tindak pidana korupsi pelaku dan ahli warisnya dalam mewujudkan negara hukum kesejahteraan, setidaknya ditempuh dalam beberapa langkah hukum progresif, yakni perbaikan regulasi peraturan perundang-undangan, optimalisasi Bantuan Hukum Timbal Balik, Perluasan kewenangan Komisi Pemberantasan Korupsi dalam Pengembalian Aset hasil tindak pidana korupsi, Penguatan koordinasi antar lembaga penegak hukum, serta menyegerakan menyelesaikan Undang-Undang Pengembalian Aset.Kata Kunci: Pengembalian; Aset Korupsi; Ahli Waris 

Judges in the Protection Orders and Family Law Systems

2021 ◽  
pp. 184-214
Author(s):  
Heather Douglas
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Child Custody ◽  
Family Law ◽  
Physical Violence ◽  
Intimate Partner ◽  
Family Courts ◽  
Protection Orders ◽  
The Family

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.

Redesigning the Family Law System to Promote Healthy Families

2015 ◽  
Vol 53 (3) ◽  
pp. 361-370
Author(s):  
William J. Howe ◽  
Elizabeth Potter Scully
Keyword(s):  
Family Law ◽  
Law System ◽  
The Family

scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

Children's Rights within the Family – a Croatian View

2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar
Keyword(s):  
Legal System ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Parental Responsibility ◽  
Crucial Point ◽  
Rights Of The Child ◽  
The Family ◽  
Important Field ◽  
The Many

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.

Mental Health and the Family Law System

2004 ◽  
Vol 10 (1) ◽  
pp. 50-70 ◽  
Author(s):  
Bryan Rodgers ◽  
Bruce M. Smyth ◽  
Elly Robinson
Keyword(s):  
Mental Health ◽  
Family Law ◽  
Law System ◽  
The Family
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