scholarly journals DAMPAK NIKAH SIRI TERHADAP ISTERI DAN ANAK

2009 ◽  
pp. 156
Author(s):  
Farida Prihatini
Keyword(s):  
Legal Protection ◽  
Employment Contracts ◽  
Legal Relationship ◽  
The Impact ◽  
Legal Force

AbstrakThis article gives enlightenment conecerning nikah siri (unregisteredmarriage), in Indonesia. The purpose of this nikah siri is a marriageconducted in accordance with the provisions of religious harmony and fulfillthe requirements of marriage as prospective bridegroom and women,guardians, consent granted, witnesses and consent of both prospective brideand the dowry, but not executed before the Marriage registration office. Sirimarriage is usually performed before the local (moslem) clergy. Nikah sirireasons this done many things, among others, to avoid fornication, stillbound by employment contracts that prohibit she was married to a specifiedperiod or to be polygamous because they do not obtain consent from his wifeor his wives, and can also be due to lack offees to pay marriage registrationfees. This siri marriage because marriage is not done then the recording hasno legal force, because no country legally valid marriage even be consideredthis never happened. The impact of this siri marriage are felt on the wife andchildren. Both the wife and children have no legal relationship with herhusband/father. So the wife does not have rights that should be owned by thewife of a valid marriage. So also with the child, the child status is not lawfulbecause the child is born not from a legitimate marriage, and children havehad only a civil relationship with his mother, as a result he/she can notobtain the rights that they should get if he/she was born of a valid marriageaccording to both valid under islamic and country law. Based on thosereasons the author conclude that siri marriage is very harmful and does notprovide legal protection to the wife and children.

scholarly journals Physicians’ decreased tendency to choose palliative care for patients with advanced dementia between 1999 and 2015

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Saila Haapasalmi ◽  
Reetta P. Piili ◽  
Riina Metsänoja ◽  
Pirkko-Liisa I. Kellokumpu-Lehtinen ◽  
Juho T. Lehto
Keyword(s):  
Decision Making ◽  
Palliative Care ◽  
Legal Protection ◽  
Postal Survey ◽  
Advanced Dementia ◽  
Background Factors ◽  
Physician Decision Making ◽  
Care Approach ◽  
Life Threatening ◽  
The Impact

Abstract Background Physicians’ decision-making for seriously ill patients with advanced dementia is of high importance, especially as the prevalence of dementia is rising rapidly, and includes many challenging ethical, medical and juridical aspects. We assessed the change in this decision-making over 16 years (from 1999 to 2015) and several background factors influencing physicians’ decision. Methods A postal survey including a hypothetical patient-scenario representing a patient with an advanced dementia and a life-threatening gastrointestinal bleeding was sent to 1182 and 1258 Finnish physicians in 1999 and 2015, respectively. The target groups were general practitioners (GPs), surgeons, internists and oncologists. The respondents were asked to choose between several life-prolonging and palliative care approaches. The influence of physicians’ background factors and attitudes on their decision were assessed. Results The response rate was 56%. A palliative care approach was chosen by 57 and 50% of the physicians in 1999 and 2015, respectively (p = 0.01). This change was statistically significant among GPs (50 vs 40%, p = 0.018) and oncologists (77 vs 56%, p = 0.011). GPs chose a palliative care approach less often than other responders in both years (50 vs. 63% in 1999 and 40 vs. 56% in 2015, p < 0.001). In logistic regression analysis, responding in 2015 and being a GP remained explanatory factors for a lower tendency to choose palliative care. The impact of family’s benefit on the decision-making decreased, whereas the influence of the patient’s benefit and ethical values as well as the patient’s or physician’s legal protection increased from 1999 to 2015. Conclusions Physicians chose a palliative care approach for a patient with advanced dementia and life-threatening bleeding less often in 2015 than in 1999. Specialty, attitudes and other background factors influenced significantly physician decision-making. Education on the identification and palliative care of the patients with late-stage dementia are needed to make these decisions more consistent.

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Electronic Clinical Records for Physiotherapists

2006 ◽  
Author(s):  
Christine Barry ◽  
Mark Jones ◽  
Karen Grimmer
Keyword(s):  
Legal Protection ◽  
Data Retrieval ◽  
Electronic Record ◽  
Electronic System ◽  
Electronic Records ◽  
Clinical Report ◽  
Record System ◽  
Clinical Records ◽  
The Impact ◽  
Electronic Record System

Purpose: This pilot study compared traditional (paper-based) and electronic (computerized) clinical physiotherapy records. The content of the records and the software’s user acceptability were considered. Methods: A neuro-musculoskeletal patient scenario involving two encounters (initial and follow-up) was scripted and role-played to each of three experienced physiotherapists (A, B and C). Participants assessed the patient and made traditional clinical records. After basic training in an electronic record system, they repeated the assessments and made electronic records via a laptop computer. Three experienced physiotherapists (A, D and E) each used their usual method to write a clinical report and an electronic record to write a report with the aid of the software’s report tool. The two participants who wrote reports but did not assess the patient (D and E) received a brief software demonstration just prior to writing the electronic record report. The electronic and traditional clinical records and reports were compared regarding their content and completion time. Participants recorded their expectations and experience of learning and using the electronic record system via questionnaires. Results: Participants expressed initial apprehension regarding an unfamiliar documentation system, but generally found the electronic system easy to learn and use. Some would have preferred additional customization options. All traditional records contained pages that lacked patient identification details. The electronic records contained more details related to symptoms, social circumstances and physical examination findings. The participants used more time for assessment and recording the initial examination when using the electronic system. Participants reported easier data retrieval from the computerized records than from the traditional records. Conclusions:The electronic clinical record system may prompt more complete recording and facilitate better patient record identification. These effects have implications for patient care, communication between providers and clinicians’ medico-legal protection. Further research is needed to determine the system’s efficiency and to clarify the impact of other characteristics of electronic record systems for physiotherapists.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals KEPASTIAN HUKUM DALAM KEPEMILIKAN SATUAN RUMAH SUSUN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 58-67
Author(s):  
Hestining Cholifah
Keyword(s):  
Legal Protection ◽  
Housing Unit ◽  
Legal Relationship ◽  
The Cost ◽  
Relationship Of

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)

scholarly journals IMPACT OF THE FOREIGN EXPERIENCE OF BOARD DIRECTORS ON THE PERFORMANCE OF PUBLICLY TRADED BRAZILIAN COMPANIES

2021 ◽  
Vol 22 (3) ◽  
Author(s):  
VAGNER N. MACHADO ◽  
IGOR B. SONZA
Keyword(s):  
Stock Exchange ◽  
Generalized Method Of Moments ◽  
Market Performance ◽  
Legal Protection ◽  
Local Environment ◽  
Cultural Barriers ◽  
Local Power ◽  
Foreign Experience ◽  
Board Directors ◽  
The Impact

ABSTRACT Purpose: We analyzed the impact of board directors with foreign experience on the accounting and market performance of companies listed on the Brazilian Stock Exchange (B3). Originality/value: We show unpublished empirical evidence about the relationship between the foreign experience of board directors and the performance of Brazilian firms. Knowing this relationship better contributes to the formulation of internal policies for the qualification of senior management, in addition to being valuable to shareholders, especially in a context of weak legal protection, as it is in Brazil. Design/methodology/approach: We collected data from 230 companies between 2010 and 2016, submitted it to unbalanced panel data regressions using the Systemic Generalized Method of Moments (GMM-Sys). Findings: The results suggest that the higher the proportion of board members with academic and professional foreign experience, the lower their accounting and market performance. This finding can be justified by institutional isomorphism, in which having an experience abroad would be a myth, a status institutionalized by the Brazilian society. In addition, foreign owners and directors face cultural barriers and would have less knowledge of the local environment, which would increase information asymmetries, impacting negatively in firms’ performance. On the other hand, an increase in the number of foreigners on the board positively influences the market value of companies, since, by having weaker local power networks and, consequently, less possibility to obtain private benefits, the investors could value companies with this characteristic.

scholarly journals Perlindungan Nasabah BMT Beringharjo Cabang Ponorogo Perspektif Hukum Positif Dan Hukum

2016 ◽  
Vol 1 (1) ◽  
pp. 113
Author(s):  
Muhammad Isnan
Keyword(s):  
Islamic Law ◽  
Financial Institution ◽  
Legal Protection ◽  
The Impact ◽  
Year 2013

<p>Abstract: The financial institution of Syari’ah is growing and developing rapidly in Indonesia. One of it is BMT (Baītul Māl wa Tamwīl). In the legal protection for clients, BMT has not yet had a legal protection particularly, but it still refers to another legal protections like koperasi and Financial Fervices Authority. The legal protection that is given for BMT Beringharjo branch Ponorogo is embodied through the ragulation of Koperasi . It is not appropriate according to the regulation No. 21. Year 2010 about Financial Fervices Authority and No. 1 Year 2013 about Micro Financial Fervices. According to that case, this article will study about the client protection given by BMT Beringharjo Branch Ponorogo in the perspective of positive and Islamic laws. According to study, so it can be deduced: <em>first, </em>the implementation of protection that is given by BMT Beringharjo is still less appropriate based on regulation No. 21 Year 2011 about OJK and No. 1 Year 2013 about LKM, but BMT Beringharjo has applied a legal protection of Koperasi and legal protection implicitly. Whereas the implementation of protection of Islamic law is the protection given by <em>ilahi</em> precepts which conveyed from Wahyu in Al-Qur’an and Sunnah. It is realized by BMT, because the clients of BMT Beringharjo less know the impact when the financial institution like BMT experinces a bankrupt.</p><p> </p><p><strong>Abstrak:</strong>Lembaga Keuangan Syari’ah tumbuh dan berkembang pesat di Indonesia, salah satunya adalah BMT (Baītul Māl wa Tamwīl). Dalam perlindungan hukum kepada nasabahnya, BMT belum memiliki payung hukum secara khusus, namun masih mengacu pada beberapa payung hukum lain seperti koperasi dan Otoritas Jasa Keuangan. Perlindungan hukum yang diberikan BMT Beringharjo Cabang Ponorogo diwujudkan melalui Undang-undang perkoperasian. Hal ini ternyata tidak sesuai menurut Undang-undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan dan Undang-undang No. 1 Tahun 2013 tentang Lembaga Keuangan Mikro. Berdasarkan persoalan tersebut, artikel ini akan mengkaji  tentang perlindungan nasabah di BMT Beringharjo Cabang Ponorogo dalam Perspektif Hukum Positif dan Hukum Islam. Berdasarkan kajian, maka dapat ditarik beberapa kesimpulan, bahwa: <em>Pertama,</em> Implementasi perlindungan yang diberikan oleh BMT Beringharjo masih kurang sesuai menurut UU No. 21 Tahun 2011 tentang OJK dan UU No. 1 Tahun 2013 tentang LKM, akan tetapi BMT Beringharjo sudah menerapkan perlindungan hukum perkoperasian dan perlindungan hukum secara implisit. Sedangkan implementasi perlindungan prespektif hukum Islam merupakan perlindungan yang diberikan oleh ajaran-ajaran <em>Ila&gt;hi&gt; </em>yang disampaikan lewat Wahyu yang dapat ditelusuri dalam ayat al-Qur’an maupun sunah, hal ini direalisasikan oleh BMT Beringharjo dengan sistem audit. <em>Kedua,</em> Implikasi pada BMT Berngharjo dalam menerapkan perlindungan hukum tidak berdampak bagi para nasabah yang mengamanahkan dananya di BMT tersebut, karena nasabah BMT Beringharjo kurang mengetahui dampak yang akan diterima ketika sebuah lembaga keuangan seperti BMT mengalami pailit.</p>

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

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