scholarly journals RIGHTS AND OBLIGATIONS OF THE GUARDIANS TO THE INHERITANCE OF MENTAL DISABLED CHILDREN

2020 ◽  
Vol 20 (2) ◽  
pp. 179-186
Author(s):  
Yusida Fitriyati ◽  
Muhammad Zuhdi
Keyword(s):  
Legal Protection ◽  
Cultural Relativism ◽  
Mental Disabilities ◽  
Disabled Children ◽  
Persons With Disabilities ◽  
Mentally Disabled ◽  
Legal Subject ◽  
Legal Position ◽  
The Republic ◽  
Article 5

The law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position and have the same human rights as Indonesian citizens and as an inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism?

scholarly journals Legal Protection for Online Transportation Service Providers in Transporting Passengers

2021 ◽  
Vol 8 (2) ◽  
pp. 70-77
Author(s):  
Desak Nyoman Oxsi Selina ◽  
I Made Wirya Darma
Keyword(s):  
Research Method ◽  
Service Providers ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Transportation Services ◽  
Legal Subject ◽  
Transportation Service ◽  
Legal Consequence ◽  
The Republic

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.

General Comment 6 (2018) on Equality and Non-discrimination

2018 ◽  
Vol 7 (1) ◽  
pp. 131-161
Keyword(s):  
National Level ◽  
Legal Protection ◽  
List Type ◽  
Persons With Disabilities ◽  
The Law ◽  
Legal Character ◽  
Relationship Of ◽  
Article 5 ◽  
The Relationship ◽  
Normative Content

Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides: 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).

scholarly journals Perjanjian Pinjaman Online Berbasis Financial Technology (Fintech)

2021 ◽  
Vol 2 (2) ◽  
pp. 320-325
Author(s):  
Ni Made Eka Pradnyawati ◽  
I Nyoman Sukandia ◽  
Desak Gde Dwi Arini
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Electronic Signatures ◽  
Reading Materials ◽  
Legal Position ◽  
Article 5 ◽  
Financial Technology ◽  
Recording Techniques

Financial Technology (Fintech) is a technology alternative that facilitates loan transactions that can be done online. Online loans create new problems such as rampant fraud and default. Referring to the problems described, this research was conducted with the aim of explaining the legal position of financial technology-based online loan agreements (Fintechl), and knowing the legal protection of creditors who provide financial technology-based online loans (Fintech). This research used normative legal research. Sources of data are primary and secondary legal materials, data are combined with recording techniques in obtaining primary and secondary legal materials, namely examining several reading materials such as journals, scientific books and statutory regulations. After the data is collected, it is then analyzed qualitatively. The result showed that the legal position of online loan agreements based on financial technology (Fintech) when reviewed legally, the online agreement is legally valid because it has a basis, namely Article 1320 of the Civil Code and the validity of the evidence used refers to law Number 11 of 2008 concerning Article 5 of the ITE Law on information, documents and electronic signatures. Legal protection for creditors in an online loan agreement based on financial technology (Fintech) consists of preventive legal protection and repressive legal protection.

scholarly journals PERLINDUNGAN HUKUM PEMEGANG SAHAM MINORITAS DAN PERTANGGUNGJAWABAN NOTARIS DALAM RUPS PT TERTUTUP [LEGAL PROTECTION FOR MINORITY SHAREHOLDERS AND NOTARY RESPONSIBILITY IN A GENERAL MEETING OF SHAREHOLDERS IN A PRIVATE LIMITED COMPANiES]

2021 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Susi Susantijo ◽  
Shinta Pangesti ◽  
Robbyson Halim
Keyword(s):  
Legal Protection ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Action ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Legal Subject ◽  
The Republic ◽  
Formal Requirements ◽  
Bahasa Indonesia

<em>In practice, there often occurrs defective procedure when holding a Private Limited Company’s (PLC’s) General Meeting of Shareholders (GMS), which later stated in Deed of the Meeting Resolutions by a Notary. Regarding the defective procedure in GMS, shareholders will surely suffer losses because their rights are violated, especially minority shareholders. Two problems that arise and examined in this study are: How is the legal protection for minority shareholders in a PLC’s GMS? and How is the responsibility of the Notary for making Deed of the Meeting Resolutions from an Extraordinary GMS containing the defective procedures in a PLC? This research is normative legal research. Based on the research conducted, it can be concluded that legal protection for minority shareholders in PLC’s GMS, has been quite well regulated in Laws of the Republic of Indonesia number 40 of 2007 concerning Limited Liability Company. On the other hand, the responsibility of the Notary for making Deed of the Meeting Resolutions from an Extraordinary GMS containing the defective procedures in an LLC is a liability limited to formal truth or formal requirements. Regarding the material truth, it is not the responsibility of the notary but is the responsibility of the legal subject who performed the legal action. Notary in carrying out his position also requires having thoroughness and carefulness in doing any legal action, including making Deed of the Meeting Resolutions.</em><strong><em></em></strong><p><strong>BAHASA INDONESIA ABSTRACT: </strong>Dalam praktek, sering sekali terjadi penyelenggaraan RUPS PT Tertutup yang mengandung cacat prosedur, yang kemudian dituangkan dalam Akta Pernyataan Keputusan Rapat oleh Notaris. Terhadap adanya penyelenggaraan RUPS yang mengandung cacat prosedur, para pemegang saham pasti akan mengalami kerugian karena hak-hak mereka dilanggar, khususnya para pemegang saham minoritas. Dua rumusan masalah yang timbul dan diteliti dalam penelitian ini adalah: Bagaimana perlindungan hukum bagi pemegang saham minoritas dalam RUPS PT Tertutup? serta Bagaimana pertanggungjawaban Notaris atas pembuatan Akta Pernyataan Keputusan Rapat dari penyelenggaraan RUPS Luar Biasa yang mengandung cacat prosedur pada PT Tertutup? Penelitian ini adalah penelitian hukum normatif. Berdasarkan penelitian yang telah dilakukan, diperoleh kesimpulan bahwa perlindungan hukum bagi pemegang saham minoritas sehubungan dengan penyelenggaraan RUPS dalam PT Tertutup sudah cukup baik diatur dalam Undang-Undang Republik Indonesia Nomor 40 Tahun 2007 Tentang Perseroan Terbatas (UU PT). Di samping itu, pertanggungjawaban Notaris atas pembuatan Akta Pernyataan Keputusan Rapat dari penyelenggaraan RUPS Luar Biasa yang mengandung cacat prosedur pada PT Tertutup merupakan pertanggungjawaban sebatas pada syarat formal atau kelengkapan formal. Kebenaran materiil bukan tanggung jawab notaris, melainkan masing-masing subjek hukum yang melakukan. Notaris dalam menjalankan jabatannya juga dituntut memiliki ketelitian dan kehati-hatian dalam melakukan setiap perbuatan hukum, termasuk pembuatan Akta Pernyataan Keputusan Rapat.</p>

scholarly journals PROSPECTS OF SOCIAL AND LEGAL PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE REPUBLIC OF UZBEKISTAN AT THE PRESENT STAGE

2021 ◽  
Vol 7 (1(82)) ◽  
pp. 6-12
Author(s):  
B. Ismailov
Keyword(s):  
International Law ◽  
Social Protection ◽  
Legal Protection ◽  
International Standards ◽  
Disability Rights ◽  
Disabled People ◽  
Persons With Disabilities ◽  
The Social ◽  
The Republic ◽  
Definition Of

The article deals with the problems of formation of disability protection concept and definition of disability in international law. International standards of the rights of persons with disabilities in the context of human rights are analyzed. Studied international legal mechanisms of implementation of rights of persons with disabilities, and promoting the implementation of disability rights at the international level: the theoretical and regulatory framework. The author pays attention to the social protection of the rights of disabled people in Uzbekistan.

scholarly journals Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas

2020 ◽  
Vol 1 (1) ◽  
pp. 7-12
Author(s):  
A.A. Kompiang Dhipa Aditya ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Rape Victims ◽  
Legal Research ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Criminal Sanctions ◽  
Normal People ◽  
Poor Treatment ◽  
Article 5

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.

scholarly journals Hak Pilih Penyandang Disabilitas dalam Pemilihan Umum di Indonesia

Lentera Hukum ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 151
Author(s):  
Moh Syaiful Rahman ◽  
Rosita Indrayati
Keyword(s):  
Vice President ◽  
The State ◽  
General Election ◽  
Persons With Disabilities ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Article 5 ◽  
Analytical Approaches

The birth of Law No. 7 of 2017, as compared to Law No. 42 of 2008 about the General Election of President and Vice President, includes a difference in Article 5. The requirement in Article 5 is not followed by an explanation of what are the requirements that must be fulfilled by persons with disabilities, and there is no mention of the requirement so as to raise the question of such requirements are contradictory to the 1945 Constitution of the State of the Republic of Indonesia more specifically those requirements are contradictory or not with Law Number 39 of 1999 Article 43 that every citizen has the right to be elected and elect in elections based on equality of rights through voting in accordance with the provisions of legislation. The research used for preparation of this thesis is juridical normative.This research uses legislative and analytical approaches. Persons with disabilities enrolled in the Special Electoral List may empower  persons with disabilities to exercise their suffrage. Keywords: Suffrage, Disability and General Elections

scholarly journals Rodzina z dzieckiem niepełnosprawnym w systemie pomocy społecznej i wsparcia społecznego

2020 ◽  
Vol 6 ◽  
pp. 26-46
Author(s):  
Elżbieta A. Maj ◽  
Natalia Maj
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Disabled Persons ◽  
Disabled Children ◽  
General Terms ◽  
The Social ◽  
The Disabled ◽  
The Subject ◽  
Family Benefits ◽  
The Republic

Families with Disabled Childreninthe Welfare and Social SupportSystem The research problem discussed in the article concerns the legal protection family with disabled children in the welfare and social support system. Due to the nature of the subject, the analysed has covered selected national acts mainly in the area of the welfare system in general terms. The presented conclusions are based on the resultsof the analyticalstudies of selected acts, such as:the Constitution of the Republic of Poland of 2 April 1997, the Charter of the Rights of the Disabled Persons of 1 August 1997, the Social Welfare Act of 12 March 2004, the Act on family benefits of 28 November 2003, the Mental Health Protection Act of 19 August 1994, Act of 27 August 1997 on the vocational and social rehabilitation and employment of people with disabilities and others.

scholarly journals KEBERADAAN PEKERJA DISABILITAS DALAM PANDANGAN HAK ASASI MANUSIA

2021 ◽  
Vol 9 (1) ◽  
pp. 58-71
Author(s):  
Zainal Abidin Pakpahan
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Literature Study ◽  
Persons With Disabilities ◽  
Legal Rules ◽  
Sense Of Security ◽  
Physical Limitations ◽  
Constitutional Right ◽  
The Republic ◽  
The Government

Indonesia as a democratic country which has the freedom to enjoy its life legally must be protected, including disabilities, so that part of the constitutional right as regulated in Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Persons with disabilities are far from the government's attention in accommodating their rights so that people with disabilities are often marginalized by other groups so that they are less confident in expression by social interaction with other communities so that their existence is still far from a sense of security and protection legally even though they are rights human rights with disabilities must be treated equally and equally, which should be treated specifically because they have physical limitations, this means that the existence of persons with disabilities can have legal protection. prevailed. The problems in this regard, first, how is the existence of persons with disabilities in human rights, and legal protection in an effort to fulfill their rights. This study is a normative legal study aimed at finding and formulating legal arguments, through analysis of the subject matter. The technique of collecting legal materials is carried out by literature study. The approach used in this research is the statute approach, which is by examining the applicable legal rules relating to disabilities. This research concludes that the government seems still far from fulfilling the rights of persons with disabilities in human rights to obtain government understanding into multiple interpretations that can harm human rights with disabilities.Keywords: Existence, Disability, Human Rights

scholarly journals AWARENESS OF PERSONS WITH DISABILITIES OF CRIMINAL JUSTICE PROTECTION AGAINST DISCRIMINATION IN THE FORMER SFRY COUNTRIES

TEME ◽  
2020 ◽  
pp. 1095
Author(s):  
Filip Mirić
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal Order ◽  
Successful Implementation ◽  
Civil Protection ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
Legal Position ◽  
The Republic ◽  
Research Show

Discrimination against persons with disabilities is a widespread social phenomenon. In recent years, Serbia has successfully completed its normative framework by adopting a number of laws in the field of protection against discrimination (Act on Prevention of Discrimination against Persons with Disabilities, Act on Prohibition of Discrimination, Act on Professional Rehabilitation and Employment of Persons with Disabilities). Civil law protection and compensation for pecuniary and non-pecuniary damage are the most common forms of protection against discrimination. In addition to civil protection, the legal order of the Republic of Serbia also prescribes criminal law protection against discrimination. The aim of the paper is to investigate, by means of a specially designed questionnaire, the degree of awareness of persons with disabilities of the mechanisms of criminal law protection against discrimination. Being aware of one’s rights and how to protect them is a prerequisite for successful implementation of legal solutions. The results of the research show that persons with disabilities in Serbia are insufficiently informed about the available mechanisms for criminal justice protection against discrimination. As a result, there is a very small number of completed criminal proceedings in this field, which is one of the reasons for the unfavorable social and legal position of this vulnerable social group in Serbia.

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