scholarly journals Akibat Hukum Perkawinan Yang Tidak Dicatatkan Secara Administratif Pada Masyarakat Adat

2020 ◽  
Vol 3 (1) ◽  
pp. 23-34
Author(s):  
Agung Basuki Prasetyo
Keyword(s):  
Informal Education ◽  
Customary Law ◽  
Administrative Record ◽  
Born Child ◽  
Customary Laws ◽  
Large Families ◽  
The Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

Pelaksanaan perkawinan di kalangan Masyarakat Hukum Adat melalui proses yang panjang atau rites de passage, karena menyatukan dua keluarga besar. Perkawinan sebagaimana yang terjadi seperti di lingkungan Masyarakat Hukum Adat Suku Samin atau Sedulur Sikep di Pati Jawa Tengan, dan Masyarakat Adat Karuhun Urang (AKUR) Kuningan Jawa Barat, tidak dicatatkan di KUA atau Kantor Catatan Sipil, namun memiliki pencatatan secara administratif tersendiri di lembaga adatnya, yakni Pranata Adanya. Akibat hukum perkawinan masyarakat Hukum Adat yang tidak mencatatkan perkawinannya secara hukum negara berdampak pada beberapa hal, seperti halnya kedudukan dan status anak yang dilahirkan, pewarisan, dampak pendidikan, dan lain sebagainya. Sedangkan akibat hukum menurut hukum adatnya tidak menjadi masalah karena perkawinan sudah memiliki pengakuan dalam tatanan kehidupan Masyarakat Hukum Adatnya. Perkawinan tersebut menimbulkan hubungan dua keluarga besar menjadi satu, serta tidak dipermasalahkan yang terkait dengan hak kedudukan anak, seperti dibidak pendidikan informal, warisan, perkawinan, dan bidang hukum adat lainnya, karena semuanya dikembalikan pada hukum adat yang berlaku dalam masyarakat Hukum Adat setempat. Abstract The implementation of marriage among the indigenous peoples of the law through a lengthy process or rites de passage, because it brings together two large families. Marriage as is the case in the environment of indigenous people of Samin or Sedulur Sikep in Pati Jawa Tengan, and indigenous Karuhun Urang (AKUR) Kuningan West Java, not recorded in the KUA or the Civil registry office, but has Its own administrative record of the institution, the Pranata. The result of the marriage Law of Adat Law Society that does not record the legal his marriage of the country affects several things, such as the position and status of the Born child, inheritance, impact of education, and so forth. While the legal consequences according to the law of law is not a problem because the marriage already has recognition in the life order of the law community. The marriage led to the relationship of two large families in one, and not in question related to the right of the child's position, such as the informal education, inheritance, marriage, and other customary areas of law, as it was all is returned to customary laws applicable to the local customary law community. 

Customary Law and the Economy

1984 ◽  
Vol 28 (1-2) ◽  
pp. 34-43 ◽  
Author(s):  
Francis Snyder
Keyword(s):  
Economic Consequences ◽  
Customary Law ◽  
Social Regulation ◽  
Social Changes ◽  
Colonial Era ◽  
Colonial State ◽  
Economic Relations ◽  
Customary Laws ◽  
Relationship Of ◽  
The Relationship

In this paper I discuss some aspects of the relationship of African customary law to the economy. Such a vast topic potentially embraces at least three different themes: the economic context in which African customary law has developed and operates today; the economic consequences and implications of different African customary laws; and the relationship between customary law and the economic aspect of society. These three themes inevitably overlap, but while recognising their interconnections I shall concentrate primarily on the third. My principal aim is to identify some of the linkages between customary law and economic relations, especially those linkages which become manifest during broad social changes.An examination of the relationship between customary law and the economy in Africa almost ineluctably requires an historical perspective. This is so, first, because, as I suggest later, customary law is historically specific: it developed in particular historical circumstances and in close conjunction with the formation of the colonial state. Thus, the foundations of customary law in Africa lie partly in the development of capitalism and its expansion from Europe during the colonial era. These interrelated processes have decisively moulded and subtly shaped the law, legal institutions and legal professions of contemporary Africa.More generally, however, it is essential today to envisage the possibility of new, alternative forms of development and social regulation. The particular forms of legal pluralism which characterise third world countries indicate, in many cases, that the subsumption of African economies within capitalist relations of production and exchange has thus far been merely partial and formal.

Part V Fairness and Expeditiousness of ICC Proceedings, 38 The Role of the Appeals Chamber

2015 ◽  
Author(s):  
Nerlich Volker
Keyword(s):  
Trial Chamber ◽  
System P ◽  
The Law ◽  
The Right ◽  
And Function ◽  
Relationship Of ◽  
The Relationship ◽  
Role And Function ◽  
Meaningful Role

This chapter analyses the role and function of the Appeals Chamber of the ICC. The right to appeal under the Statute goes beyond what is mandated by human rights law. This contribution analyses the specificities of appeals in the ICC system, including the relationship of the Appeals Chamber to other Chambers, its jurisdiction over different types of appeal under Articles 81 and 82 (e.g. interlocutory appeal, and appeal against final decisions of the Trial Chamber), review and revision of sentences, and the relevant standards of review. The chapter contrasts approaches of the ICC with the practice of the Appeals Chambers of the ICTY and ICTR, which have used their first cases to clarify and develop the law. It shows that the ICC has taken an approach of judicial restraint. It argues that development of the law in small steps may be the most effective approach to building a lasting and meaningful role of the Appeals Chamber in the ICC system.

scholarly journals SISTEM PEMBAGIAN WARISAN PADA MASYARAKAT MULTIKULTURAL: STUDI DI DESA TELUK PANJI II KECAMATAN KAMPUNG RAKYAT KABUPATEN LABUHAN BATU SELATAN SUMATERA UTARA

2016 ◽  
Vol 8 (2) ◽  
pp. 161
Author(s):  
Khoirun Nisa
Keyword(s):  
Informal Education ◽  
Cultural Background ◽  
Multicultural Society ◽  
Kinship System ◽  
Plural Society ◽  
The Law ◽  
Plural Societies ◽  
Relationship Of ◽  
Different Cultures ◽  
The Relationship

Indonesian state is constituted of various races and cultures which reflect plural societies and create culture, art, and different customs as informal education of the society. Multicultural society is a society that acknowledges plurality as the matter of Indonesian nation. This kind of society can be easily found at Teluk Panji II village characterized as one of transmigration areas. Inter-cultural harmony is also depicted through marital system with different cultural background. For example, multicultural society will contribute to create equal position of different cultures. Multicultural society is relatively new term which is introduced by Canadian State around 1970s. This furthermore produces cultural fusion which bounds the relationship of plural society into multicultural one adhering to different kinship system. In sum, the law of inheritance implemented differs with those applied among families concluded through endogamy marriage.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

HUBUNGAN SIKAP PASIEN TERHADAP HAK DAN KEWAJIBAN RAWAT INAP DI RUMAH SAKIT PEKANBARU MEDICAL CENTER (PMC)

2021 ◽  
Vol 13 (1) ◽  
pp. 17-25
Author(s):  
Nur Maimun ◽  
Arnawilis ◽  
Cindy Feby Fayza ◽  
Nur Asikin
Keyword(s):  
Patient Safety ◽  
Medical Information ◽  
Medical Center ◽  
Patient Treatment ◽  
Patient Attitudes ◽  
Chi Square ◽  
Cross Sectional ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

Patient as service users have right and obligations to be hospitalized and patients also have the right to medical information in receiving medical practice services. This study aims to determine the relationship between patient attitudes towards the rights and obligations of being hospitalized in the hospital Pekanbaru Medical Center (PMC). This research method using observational analytic method with cross sectional design. The total sample used in this study 107 sample were taken as simpel random sampling. Chi square test is used to determine the relationship between variables. The data were processed using SPSS statistical software and analyzed using univariate and bivariate analyzes. Of the result obtained of the study namely the relationship between patient attitude to the rights and obligations of patient with chi-suare obtained pvalue 0.016 (<0,05), the relationship of attitude patients to the rights and obligations of choosing a doctor and class of patient care with chi-square obtained pvalue 0,070 (<0,05), the relationship of patient attitudes to the right and obligations of confidentiality of disease by inpatient medical staff with chi-square obtained pvalue 0,000 (<0,05), the relationship of patient attitudes to the rights and obligations of consent to the patient treatment with chi-square obtained pvalue 0,000 (<0,05), the relationship of patient attitudes to the right and obligation of patient safety with chi-square obtained pvalue 0,000 (<0,05), the relationship between patient attitudes towards the right and obligations of patient safety with chi-square obtained pvalue 0,000 (<0,05). Suggestions in order to protect what has been achieved in this case is his ability as effort of service is getting better in the future Keyword : Attitudes of patient, Rights and Obligations inpatient, Hospital

Effect of voluntary vs. artificial activation on the relationship of muscle torque to speed

1990 ◽  
Vol 69 (6) ◽  
pp. 2215-2221 ◽  
Author(s):  
G. A. Dudley ◽  
R. T. Harris ◽  
M. R. Duvoisin ◽  
B. M. Hather ◽  
P. Buchanan
Keyword(s):  
Knee Extensor ◽  
Voluntary Activation ◽  
Knee Extensors ◽  
Angular Velocities ◽  
The Central Nervous System ◽  
The Right ◽  
Artificial Activation ◽  
Relationship Of ◽  
The Relationship ◽  
Eccentric Actions

The speed-torque relationship of the right knee extensor muscle group was investigated in eight untrained subjects (28 +/- 2 yr old). Torque was measured at a specific knee angle during isokinetic concentric or eccentric actions at nine angular velocities (0.17-3.66 rad/s) and during isometric actions. Activation was by "maximal" voluntary effort or by transcutaneous tetanic electrical stimulation that induced an isometric torque equal to 60% (STIM 1) or 45% (STIM 2) of the voluntary isometric value. Torque increased (P less than 0.05) to 1.4 times isometric as the speed of eccentric actions increased to 1.57 rad/s for STIM 1 and STIM 2. Thereafter, increases in eccentric speed did not further increase torque. Torque did not increase (P greater than 0.05) above isometric for voluntary eccentric actions. As the speed of concentric actions increased from 0.00 to 3.66 rad/s, torque decreased (P less than 0.05) more (P less than 0.05) for both STIM 1 and STIM 2 (two-thirds) than for voluntary activation (one-half). As a result of these responses, torque changed three times as much (P less than 0.05) across speeds of concentric and eccentric actions with artificial (3.4-fold) than voluntary (1.1-fold) activation. The results indicate that with artificial activation the normalized speed-torque relationship of the knee extensors in situ is remarkably similar to that of isolated muscle. The relationship for voluntary activation, in contrast, suggests that the ability of the central nervous system to activate the knee extensors during maximal efforts depends on the speed and type of muscle action performed.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

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