scholarly journals THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI

2021 ◽  
Vol 6 (2) ◽  
pp. 58-64
Author(s):  
Putu Emma Viryasari ◽  
I Nyoman Sujana ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Legal Status ◽  
Field Studies ◽  
Empirical Method ◽  
Customary Law ◽  
Kinship System ◽  
The Family ◽  
The Status ◽  
Legal Position ◽  
Hindu Community ◽  
The Right

The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.  

scholarly journals Kedudukan Laki-Laki Nyentana pada Wanita yang Memiliki Saudara Laki-Laki di Desa Bantas Kabupaten Tabanan

2020 ◽  
Vol 1 (1) ◽  
pp. 152-156
Author(s):  
I Gede Pasek Darsana Wiratama ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Human Life ◽  
Secondary Data ◽  
Field Studies ◽  
Customary Law ◽  
Primary Data ◽  
Sociology Of Law ◽  
Literature Study ◽  
Family Head ◽  
The Family ◽  
The Right

Marriage is a very important thing in human life, with the aim of forming a household. In Balinese society, there is a nyentana marriage, in which a family does not have a son. However, along with the development of families in Bali, they married Nyentana even though they had a son for certain reasons. The formulations of the problems in this study are: 1) What is the position of men who are sedentary according to Balinese customary law? 2) How do men inherit rights to women who have brothers? This type of research is empirical law. The approach to the problem used is sociology of law. The data used are primary data obtained from field studies by interviewing informants. Secondary data were obtained from literature study. The result of this research is the position of men who are sedentary according to Balinese customary law as predana, in general, have the same rights and obligations as men in the family. These rights and obligations are like those of a family head in general. The right to inherit male nyentana to women who have brothers is said to be abolished because the male only continues the offspring in the wife's family.

scholarly journals Would architecture be a creative industry in Ukraine?

2021 ◽  
pp. 5-12
Author(s):  
Hanna Ostapenko
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Creative Industry ◽  
Economic Rights ◽  
Building Process ◽  
The Status ◽  
Legal Position ◽  
The Subject ◽  
The Right ◽  
Special Rights

Keywords: creative industry, architectural creation, architectural solution, architect,authors rights of architect Thearticle is devoted to analysis of the legal position of architect has in relations with theclient. Architecture is regarded as a creative industry in Ukraine, therefore the attentionpayed to protection of intellectual property rights in this sphere is important. Theidea implemented in architectural model should be protected according to the protectionof copyright. The industry remains creative until the level of creativeness is highin this economic sector and the number of people involved in production due to the effectivenessand demand for the product is increasing or remains constant. The resultof art and of the architecture is not only the object of property, owned by a client, butalso a piece of art protected as creation under copyright. The subject of such rights isan architect. The legal status of architect in Ukraine is provided by the right to supervisionduring the building process, demand of sighing a final act completing the construction,which means, the building is lead astray without breaking authors copyright.Other special rights are provided such as a right to make a photo of the objectbefore destroying it.Despite regarding architecture objects as protected by copyright the draft law isadopted in the first reading that limits the rights and influence of architect has in theprocess of building. The draft law proposes an option for architect to transfer rights,being apart from the process of building. This can cause a situation when the buildingwill be constructively changed, the creation will be changed without the authors participation.If this proposal will be implemented, the level of the creativeness in architecturewould decrease and even lost. So, the total sphere risks losing the status ofbeing creative. It is underlined that respect to the copyright in architecture is necessaryto the industry and its development. In particular. such rights of the architect asa subject of intellectual property law will be under threat: the freedom of creativity,the right to the inviolability of the work, economic rights. Another thing which is ofconcern is the responsibility of the architect. The removal of the architect during theconstruction process poses a risk of absence of the culprit in case of deformation or destructionof the object, caused by a structural defect or defect of the project.

scholarly journals The Struggle for National Sovereignty and International Status of the Ukrainian Cossack State (Second Half of the XVII–XVIII centuries)

2021 ◽  
pp. 6-17
Author(s):  
Nadiia STENHACH
Keyword(s):  
Legal Status ◽  
Political Elite ◽  
Customary Law ◽  
State Sovereignty ◽  
Public Authorities ◽  
Head Of State ◽  
The Status ◽  
Legal Position ◽  
Points Of View ◽  
International Status

The question of the qualification of the status of Ukraine-Hetmanate remains relevant, because it was not regulated legally and was considered by contemporaries only in the political sphere, which led to different points of view on this issue in historical and legal science. To establish the legal status of Ukraine at the end of the XVII — beginning of the XVIII century possibly on the basis of Ukrainian-Russian and Russian-Polish agreements, actually existing Ukrainian-Russian relations and, in particular, studying the institution of the hetman — the head of state and the main bearer of state sovereignty. This is the purpose of this study. Scholars consider Ukrainian-Russian agreements or contract articles of the second half of the XVII century as a kind of constitutional acts, sources of state law of Ukraine, which on the basis of Cossack legal customs regulated relations between Ukraine and Russia, as well as legally enshrined the «rights and freedoms» of the Cossacks, military-administrative system, partially determined the activities of public authorities and administration. But, as it is well known, the Ukrainian-Russian agreements did not directly indicate the status of the Ukrainian state, but legally affirmed the basic state and legal institutions of Ukraine and, consequently, its sovereignty, which actually existed on the basis of Cossack customary law. These agreements were in the nature of a bilateral international legal act, where the Zaporozhian Army and the Moscow Kingdom acted as parties to the treaty process, which was accompanied by the coordination of positions inherent in international legal relations, taking into account the needs and interests of the parties, establishing their rights and responsibilities. But the parties were not equal contractors of the treaty, because the Zaporozhian Army provided a draft agreement, and the tsarist government amended it and ratified it in the form of «awards». The Russian authorities saw Ukraine as an integral part of their own state and tried to incorporate its territory. The hetman and most of the Cossack officers believed that the Zaporozhian Army retained state sovereignty and was under the protectorate of Russia. Only the events of 1708–1709 forced the Ukrainian political elite (except for I. Mazepa’s followers) to recognize the autonomous legal position of the Zaporozhian Army within Russia. The article highlights the main directions in the activities of the Hetman’s administration to establish the sovereignty of the Ukrainian government in domestic and foreign policy during the second half of the XVII–XVIII centuries.

scholarly journals The Family Law Status of a Parent: Some Issues of the Theory and Practice

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Olga V. Kuptsova ◽  
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Theory And Practice ◽  
The Family ◽  
Living Together ◽  
The Status ◽  
Moral Damage ◽  
Legal Position ◽  
The Russian Federation ◽  
A Minor

The article considers the legal status of the parent as a special legal status determined by family law of the Russian Federation. Attention is drawn to the heterogeneity of the legal status of the parent and the possibility of distinguishing in it a number of independent, having their own characteristics, sub-statuses: the status of an adult and a minor parent, full and limited status of a parent, the status of a parent living together with a child, and a parent living separately from a child. The concept of parent is characterized, the need to determine it by indicating not only consanguinity, but the totality of legal facts or to establish the origin of the child. Parental rights and obligations are distinguished as elements of the family legal status of the parent, non-property and property rights, basic and derivative rights, non-property and property obligations of parents are analyzed. Given the existing approaches to determining the legal status and its structure, it is proposed to determine the family legal status of the parent. Measures are outlined to optimize the family-legal position of the parent in terms of ensuring the enforceability of the obligation to support the child and establishing the obligation to compensate for moral damage caused to the child and the other parent.

scholarly journals Problems of creation of the High Qualifications Commission of Judges of Ukraine in the Conditions of New Judicial Reform

2020 ◽  
Vol 11 (11) ◽  
pp. 293-298
Author(s):  
Vitiuk D. L ◽  
Vitiuk R. V.
Keyword(s):  
Professional Training ◽  
Legal Status ◽  
Public Affairs ◽  
State Agency ◽  
Judicial Reform ◽  
Political Rights ◽  
The Status ◽  
Legal Position ◽  
Constitutional Right ◽  
The Right

Analyzing the provisions of Article 131 of the Constitution of Ukraine, it can be concluded that the constitutional powers to ensure the selection of judges, their professional training and evaluation are within the competence of the High Qualifications Commission of Judges of Ukraine. At the same time, the legal status of an authority that is vested with constitutional powers to form a judicial branch does not have the legal position of the Constitution of Ukraine, which creates legal uncertainty in the status of such an authority. According to the authors, the authority of the High Qualifications Commission of Judges of Ukraine and the High Council of Justice to make a submission (recommendation) on the appointment of a judge is duplicate. Such a procedure demonstrates the excessive formalization of the process of appointment to the position of judge and requires the constitutional separation of the functions of the High Council of Justice and the High Qualifications Commission of Judges of Ukraine, reflecting the respective powers in the relevant legislation (Laws of Ukraine "On the High Judicial Council" and Law of Ukraine "On Judiciary and Status of Judges" ). A special place in the article is given to the procedure of formation of the High Qualification Commission of Judges of Ukraine and the imperfection of such procedure, stipulated by the current legislation of Ukraine. In particular, in the opinion of the authors, the formation of state agency whose competence is assigned to constitutional functions is the right to participate in the management of public affairs and, accordingly, is a constitutional right that effectively integrates the political rights of the citizen, guaranteed by the Constitution and laws of Ukraine. Such shortcomings threaten the formation of both the High Qualifications Commission of Judges of Ukraine in particular and the formation of the judicial branch in general. Keywords: High Qualifications Commission of Judges, High Council of Justice, staffing, judicial reform.

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.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

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