scholarly journals Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 13-18
Author(s):  
Anak Agung Sagung Nandya Pramesti ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Sutama

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children    Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children  The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live  Neglected children who have received a birth certificate will have an impact on their right to identity.

2021 ◽  
Author(s):  
◽  
Ruth Ballantyne

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>


2021 ◽  
Vol 2 (1) ◽  
pp. 51-55
Author(s):  
Ni Luh Putu Ayu Lestari ◽  
Ni Luh Made Mahendrawati ◽  
I Ketut Sukadana

The validity of a marriage if carried out according to the laws of religion and their respective beliefs and recorded in accordance with the applicable laws and regulations, so as to obtain a deed as proof of a marriage. However, in many societies that do not register their marriages, the consequences will have an impact on children born; therefore there is a need for legal protection. The formulation of the problem in this study (1) how is the position of children born of marriage not recorded? (2) How is the legal protection of the inheritance rights of children born of marriage not recorded? This study aims to determine (1) the position of children born of marriage not listed, (2) legal protection of inheritance rights of children born to marriages not recorded. The method used is a type of normative legal research with a legal approach and a conceptual approach. Conclusions from the results of the study are the position of children born from unregistered marriages that are legal if they have fulfilled the requirements of their respective religions and beliefs, but the marriage does not have legal force and children born do not receive legal protection regarding their inheritance rights. The extramarital child will inherit if there is authentic evidence in the form of a birth certificate as legitimate written evidence.


2018 ◽  
Vol 33 (3) ◽  
pp. 255
Author(s):  
Mawardi Khairi ◽  
Inggit Akim

Ownership residence documents are very important to all communities as proof of recognition by the state. The residence documents such as birth certificate is one of the rights of children that must be met by the government as a form of legal protection or recognition of citizenship. Based on the results of research shows that fulfilling the children's right to document a birth certificate in cabs Nunukan to do the service, the act of the scope of the public directly entered by local governments through measures in the form of direct services birth certificate in the office The Department of Population and Civil Registration, generally carried out (deed scope), held a collection directly children who have no birth certificates with the help of local authorities under the district, village, neighborhood / village up to the neighborhood and have signed a cooperation agreement (MOU ) to establish with competent authorities such as the Ministry of Education and Culture of Nunukan, Nunukan Nunukan hospitals and IBI Branch since 2016 as an attempt to optimize the fulfillment of the child's rights to legal documents such as birth certificate that all benefits are free. The results of this study are expected to contribute to training in specific areas of law and human rights as well as to refer both central and local governments into making future policy, especially in the area of population administration.


2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Adi Nur Rohman ◽  
Fransiska Novita Eleanora

AbstrakAnak merupakan generasi penerus bangsa yang berhak atas perlindungan hukum yakni sejak berada dalam kandungan ibunya, sampai dilahirkan. Pemenuhan hak-hak yang paling pokok diberikan adalah berhak atas kebutuhan pokoknya (sandang, pangan, dan papan), berhak atas pendidikan, pengajaran, kesehatan, tidak diskriminasi, dan menghargai pendapat anak khususnya anak yang ada di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur. Selain mendapatkan pendidikan di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur, ini, perlu juga didapatkan hak-hak lainnya seperti yang diatur dalam UU No. 39 Tahun 1999 tentang Hak Asasi Manusia (HAM). Secara jelas, pengaturan pemenuhan hak anak ada dalam bidang perdata dan pidana. Perlindungan hukum atas bidang hukum perdata adalah identitas diri (akte kelahiran), yang sangat sulit untuk didapatkan khsusnya bagi mereka yang tergolong tidak mampu (keluarga miskin), dan seharusnya pemerintah menyediakan sarana pembuatan akte kelahiran secara gratis tanpa dipungut biaya sebegai bentuk perlindungan terhadap warganya, dan yang ke-2 dalam bidang hukum perdata adalah berhak untuk mendapatkan kewarganegaraan yaitu seorang anak yang dilahirkan dari perkawinan campuran berhak untuk mendapatkan kewarganegaraan, jika masih dibawah umur, mengikuti warganegara ibunya, tetapi jika usianya diatas 18 tahun dan sudah dewasa, berhak untuk menentukan mengikuti warganegara ayah atau ibunya. Perlindungan hukum akan pemenuhan hak-hak anak dibidang hukum pidana, melindungi anak baik sebagai pelaku ataupun korban dari suatu tindak pidana yang terjadi, hak yang diberikan kepada anak sesuai dengan ketentuan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (SPPA) yaitu Diperlakukan secara manusiawi dengan memperhatikan kebutuhan sesuai dengan umurnya. Dipisahkan dari orang dewasa, memperoleh bantuan hukum dan bantuan lain secara efektif melakukan kegiatan rekreasional, Bebas dari penyiksaan, penghukuman atau perlakuan lain yang kejam, tidak manusiawi, serta merendahkan martabat atau derajatnya baik dilingkungan keluarga atau masyarakat, hukuman mati atau seumur hidup tidak dijatuhi/diberikan kepada anak,  Upaya terakhir yang diberikan adalah ditangkap, ditahan dan dituntut dimuka pengadilan,  memberikan keadilan yang objektif dan tidak memihak, identitasnya tidak boleh dipublikasikan untuk umum dan sidangnya harus bersifat tertutup agar dapat kejiwaan/psikologinya tidak terganggu. Serta memperoleh pendampingan dari orang tua/wali dan orang yang dipercaya oleh anak, memperoleh advokasi, memperoleh kehidupan pribadi serta dapat menyelesaikan kasusnya diluar pengadilan melalui diversi dengan menempuh restorative justice, yaitu prose penyelesaian perkara pidana anak dari proses peradilan pidana ke proses di luar peradilan pidana. Diversi dilakukan selama 30 hari untuk mencapai kesepakatan antar kedua belah pihak.kata kunci : Perlindungan, Hukum, Hak, Anak  Abstract The child is the next generation of the nation who is entitled to the protection of the law that is since being in the womb of his mother, until birth. The fulfillment of the most basic rights given is entitled to his basic needs (clothing, food, and boards), is entitled to education, teaching, health, non-discrimination, and respect the opinions of children, especially children in Jaya Bekasi Sub-District, East Sub district in Bekasi. In addition to obtaining education in Jaya Bekasi Sub-District, Bekasi East Sub district, it is necessary to obtain other rights as regulated in Law no. 39 of 1999 on Human Rights (HAM). Clearly, the arrangement of the fulfillment of the rights of the child is in the civil and criminal field. Legal protection of civil law is a self-identity (birth certificate), which is very difficult to obtain especially for those who are classified as poor (poor families), and the government should provide the means of making birth certificates for free of charge as a form of protection against its citizens, and the second in the field of civil law is entitled to a nationality of a child born of a mixed marriage entitled to acquire citizenship, if still under age, following his mother's citizenship, but if he is over 18 years old and an adult, the citizen of his father or mother. Legal protection for the fulfillment of the rights of the child in the field of criminal law, protecting the child either as the perpetrator or the victim of a criminal act, the rights granted to the child in accordance with the provisions of Law Number 11 Year 2012 on the Criminal Justice System Treated humanely with attention to the needs according to age. Separated from adults, obtaining legal assistance and other assistance effectively undertaking recreational activities, Freedom from torture, punishment or other cruel, inhuman or degrading treatment or degradation either in the family or community environment, death penalty or life imprisonment not served / given to the child, the last endeavor is to be arrested, detained and prosecuted before the court, giving objective and impartial justice, his identity shall not be publicly published and his trial shall be closed to his psychology unaffected. As well as obtaining assistance from parents / guardians and people trusted by the Child, getting advocacy, obtaining personal life and can solve his case outside the court through diversion through restorative justice, the process of settling criminal cases of children from the criminal justice process to proceedings outside the criminal justice. Divers conducted for 30 days to reach agreement between both parties.Keywords: Protection, Legal, Rights, Child  


2021 ◽  
Author(s):  
◽  
Ruth Ballantyne

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>


2020 ◽  
Vol 17 (1) ◽  
pp. 319-328
Author(s):  
Ade Muchlis Maulana Anwar ◽  
Prihastuti Harsani ◽  
Aries Maesya

Population Data is individual data or aggregate data that is structured as a result of Population Registration and Civil Registration activities. Birth Certificate is a Civil Registration Deed as a result of recording the birth event of a baby whose birth is reported to be registered on the Family Card and given a Population Identification Number (NIK) as a basis for obtaining other community services. From the total number of integrated birth certificate reporting for the 2018 Population Administration Information System (SIAK) totaling 570,637 there were 503,946 reported late and only 66,691 were reported publicly. Clustering is a method used to classify data that is similar to others in one group or similar data to other groups. K-Nearest Neighbor is a method for classifying objects based on learning data that is the closest distance to the test data. k-means is a method used to divide a number of objects into groups based on existing categories by looking at the midpoint. In data mining preprocesses, data is cleaned by filling in the blank data with the most dominating data, and selecting attributes using the information gain method. Based on the k-nearest neighbor method to predict delays in reporting and the k-means method to classify priority areas of service with 10,000 birth certificate data on birth certificates in 2019 that have good enough performance to produce predictions with an accuracy of 74.00% and with K = 2 on k-means produces a index davies bouldin of 1,179.


2009 ◽  
Vol 124 (6) ◽  
pp. 825-830 ◽  
Author(s):  
Edward Fitzgerald ◽  
Daniel Wartenberg ◽  
W. Douglas Thompson ◽  
Allison Houston

Objectives. We inventoried and reviewed the birth and fetal death certificates of all 50 U.S. states to identify nonstandard data items that are environmentally relevant, inexpensive to collect, and might enhance environmental public health tracking. Methods. We obtained online or requested by mail or telephone the birth certificate and fetal death record forms or formats from each state. Every state data element was compared to the 2003 standards promulgated by the National Center for Health Statistics to identify any items that are not included on the standard. We then evaluated these items for their utility in environmentally related analyses. Results. We found three data fields of potential interest. First, although every state included residence of mother at time of delivery on the birth certificate, only four states collected information on how long the mother had lived there. This item may be useful in that it could be used to assess and reduce misclassification of environmental exposures among women during pregnancy. Second, we found that father's address was listed on the birth certificates of eight states. This data field may be useful for defining paternal environmental exposures, especially in cases where the parents do not live together. Third, parental occupation was listed on the birth certificates of 15 states and may be useful for defining parental workplace exposures. Our findings were similar for fetal death records. Conclusion. If these data elements are accurate and well-reported, their addition to birth, fetal death, and other health records may aid in environmental public health tracking.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>


2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.


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