scholarly journals The Latvian Marriage Law 1918–1940 Betwixt and Between the Poles of Conflicting Moral Values

2021 ◽  
Vol 14 ◽  
pp. 146-157
Author(s):  
Philipp Schwartz

The article looks at the Latvian marriage law during the period of 1918–1940, and how it copes with being betwixt and between the poles of conflicting moral values. The article sheds light on the discussions in the newly established Republic of Latvia regarding its marriage law, which was to be created and the development of the codification work took culminating in the Latvian Civil Code of 1937. Additionally, it draws parallels with the contemporary discussions in Latvia between the supporters of a more traditional conservative and a more modern liberal family and marriage law.

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.


2017 ◽  
Vol 2 (1) ◽  
pp. 85
Author(s):  
Yunanto Yunanto

In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.


2021 ◽  
Vol 2 (3) ◽  
pp. 520-524
Author(s):  
I Putu Yoga Febrian Cahya ◽  
I Nyoman Putu Budiartha ◽  
Ni Komang Arini Styawati

Responsibility for parents to their children is an obligation that should be carried out by every parent. Children get all the important rights to support their growth and development and are entitled to the best possible custody of their parents. The end of the marriage between the wife and husband does not abolish all the obligations of parents to their children. The purposes of this study are to determine the responsibility of parents to children after their parents' divorce and the legal consequences for parents who do not carry out their obligations. This research uses a normative research type with a statutory approach and a conceptual approach. The technique of collecting legal materials is done by applying a literature study. Sources of legal materials in the form of primary, secondary, and tertiary legal materials which are then analyzed using the method of processing legal materials systematically and the results are presented descriptively. The results of the study indicate that the management of child support costs can be seen from the Civil Code, the 2019 Law on Marriage, Law Number 35 of 2014, Law Number 4 of 1979 concerning Welfare. The legal consequences for both parents who do not carry out their obligations can be done in 2 (two) ways, namely Application for Execution and Revocation of Custody to the Religious Court.


2018 ◽  
Vol 1 (1) ◽  
pp. 109-120
Author(s):  
N. Kardinah

This journal was made to describe a real condition of family’s affair and all aspects within family life, how to solve family business and discussing hints and strategies to create a sakinah’s family (harmonic family). Adults—in this article—were the subject and are seen as individuals that prepare themselves to step onto marriage life—which would then all fundamental aspects of marriage life and family business must be learned by adults so they can manage their family and marriage life.An ideal family was built upon consensus of vision and basis of knowledge and not just following emotional pressure and lust. Everything has its own way, either in techniques and strategies to implement all ideal theories in real life. A family which has clear vision and orientation of how to solve all family business can make an ideal roadmap regarding family education for its member; they would also can preserve and teach a meaningful moral values, social, tradition and religious values accordingly.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 937
Author(s):  
Intan Fajriyanti ◽  
Munsharif Abdul Chalim

Mating agreement has been stipulated in Article 29 of Act No. 1 Of 1974. Married to the present agreement remains in the society. The problems examined in this study is: what are the factors occurrence marriage agreement, how the validity of the agreement to marry, and the legal consequences mating agreement executed after the course of the marriage. The method used is a normative legal research. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act include the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016, and at the conclusion of research results mating agreement made after the course of a legal marriage do not violate the boundaries of the law, religion, and morality.Keywords: Agreement; Mating Agreement; Marriage Law.


2019 ◽  
Vol 4 (2) ◽  
pp. 30
Author(s):  
Binka Lg Simatupang ◽  
Taufik Siregar

<p>Juridical Review Due to Divorce Against Gono-Gini Property Distribution According to the Civil Code on Decision Number: 706/Pdt.G/2012/PN.Medan</p><h1>The main goal of humans in slimming is to form a harmonious household. Based on the marriage law number 1 of 1974, marriage is a birth bond between a man and a woman as a husband with a family (household) goal that is pleasant or eternal through the Almighty Godhead. If the divorce occurs indoors, the household can be described as having a result of the person in dispute in the household, where during the marriage, the household that has assets or in everyday language in Indonesia is said to be a "gono-gini" property. In this study, the research engineers are normative juridical, namely research aimed at examining or norms in positive law. The characteristics of this research are analytical descriptive, which is uniquely from the facts to determine something that happened. The purpose of this study was to find out the implementation of the sharing of shared assets and to find out the obstacles to the distribution of shared assets. In addition, in the Compilation of Islamic Law, the distribution of shared assets is also regulated in KHPerdata.</h1>


2021 ◽  
Vol 3 (2) ◽  
pp. 183-194
Author(s):  
Pujiono Pujiono ◽  
Arif Hidayat ◽  
Dewi Sulistianingsih

In Indonesia, the marriage law is regulated in UU No. 1 of 1974 which has been amended to become UU No. 16 of 2019. In addition, non-Moslems may comply with the provisions of the marriage law contained in the Civil Code. Marriage is an initial process for the formation of family life and the beginning of the manifestation of forms of human life. The daily life of men and women, created by God Almighty, naturally has an attraction to one another to share affection in realizing a life together or it can be said that they want to form physical and mental bonds to create a happy, harmonious, and eternal family. Understanding the marriage law needs to be done with humanist efforts and cannot be done instantly. The efforts to understand the marriage law need to be made to all levels of society, especially for school children so that the marriage they live in can be in accordance with the objectives of the marriage. School children are classified as immature and they still have an important responsibility to study. They really need information about the marriage law in order to gain a comprehensive understanding of marriage because they are in a stage of growth that is full of curiosity. This program aims that school children will not get missed-information about the marriage law. Therefore, school students are one of the targets of this program.


2020 ◽  
pp. 285-302
Author(s):  
Xiaoqun Xu

Chapter 11 shifts to an exploration of post-Mao civil justice. Enormous changes have taken place due to economic reforms, and reestablishing the sanctity of private property has led to a dramatic increase in civil disputes. The chapter also examines new versions of the Marriage Law (1980 and 2001) and samples civil disputes that reflect both positive and negative changes in social-economic landscapes and in social norms and moral values resulting from the reform and opening policies since the late 1970s. Since a civil code is still in the making as of this writing, civil adjudications have been guided by a number of civil statutes issued in the recent decades. The civil lawsuits sampled here include those regarding divorce and property division, family support, torts, online defamation, and housing demolishing disputes. Last but not the least, the problem of civil enforcement is addressed.


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