scholarly journals HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA

2019 ◽  
Vol 1 (1) ◽  
pp. 55-67
Author(s):  
Bernadeta Resti Nurhayati
Keyword(s):  
Civil Rights ◽  
Legal Theory ◽  
Legal Protection ◽  
Children's Rights ◽  
Scientific Publications ◽  
Daily Lives ◽  
Legal Norms ◽  
The Status ◽  
Status Position ◽  
Laws And Regulations

Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral”  and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

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.

scholarly journals Observers in the Process of Concluding International Treaties

2018 ◽  
Vol 5 (4) ◽  
pp. 23-29
Author(s):  
A Yu Kurashvili
Keyword(s):  
International Organizations ◽  
International Treaties ◽  
International Treaty ◽  
Legal Norms ◽  
The Status ◽  
Laws And Regulations

The article deals with the participation of observers from states and international organizations in the process of concluding international treaties. The status of observers is not defined in present laws and regulations; also there are no significant scientific researches on this topic, both internationally and nationally. Nevertheless, as a result of long practice, a certain set of rights and obligations of observers has been formed, which characterizes their status. In the present publication, the author dissects separate stages of treaty-making process in which observers can be involved and gives the characteristics of rights and obligations for such observers. Despite the limited functionality of the observers, their involvement in the process is quite high. When discussing the provisions of the international treaty, it is important for its future participants to obtain the opinion of competent organizations or interested states on the subject and the main provisions of such treaty. Thus, the participation of observers in the process of concluding international treaties is not only a unilaterally granted privilege, but also a legal symbiosis with other actors in the process, where treaties become more natural and viable. In the author’s opinion, observer states and observer organizations play an important role in the process of creating international legal norms. Taking into account the comments and recommendations of observers at conferences or in international organizations significantly increases the chance of adopting the text of the treaty when voting. This research may be of interest to persons engaged in law of treaties, law of international organizations, procedural issues of concluding international treaties, as well as the status of participants in the process of concluding treaties.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

The Status of Outside Marriage Children (The Study of Constitutional Court Regulation No. 46/PUU-VIII/2010 on February 27th, 2012 Based on the Fuqaha' Perspective)

2021 ◽  
Vol 2 (3) ◽  
pp. 574-584
Author(s):  
Hamam Hamam
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Her Family ◽  
Library Research ◽  
Legal Implications ◽  
The Status ◽  
The Right

Fornication is a kind of jarimah (felony) resulting in confusion of the biological father. However, nowadays, there is clarity on the status of the children out of marriage. The Constitutional Court issued a decision of regulation No. 46/PUU-VIII/2010 on February 27th, 2012 about the out wedlock children who have a civil relationship and the blood rapport with their biological father as long as it can be proven biologically. This regulation drives some criticisms from various parties; the pro-side of the Court Regulation will claim it in the term of the doer of the adultery, while the contra-side of the Court Regulation will review it in the term of legalized the adultery. Furthermore, the aims of this study are: First, to know the opinion of jurists' law (fuqaha‟) about the status of the out of wedlock children; Second, to find the legal implications of the out of wedlock children after the application of the Constitutional Court regulation No. 46/PUU-VIII/2010 on February 27th, 2012 based on the Fuqaha' perspective?. Moreover, this study uses the library research. The data are collected through the documentary of the primary and secondary data sources. The collected data are, then, analyzed qualitatively by using the content analysis. The results of this study are: Firstly, This according by the Shafi'i jurists' of four and the ad-Dzahiri the out of wedlock children (bastard) are not related to their biological father, but they are related to their biological mother and her family. Secondly, This according by some groups of Hanafi and Shaykh of Islam Ibn Taymiyah corroborated by ibn Qayyim al-Jauziyyah the wedlock children (bastard) are related to the men as their biological father and their father's family. Thirdly, the Constitutional Court (MK) regulations do not have any legal implications associated on the civil relationships of the out wedlock children (natural children) with their biological father. Moreover, the attitude of the biological father is classified as a jarimah (felony), and it is entitled to a penalty of the ta'zir; it is an obligation to provide the children, which the amount is considered to the fit and proper in accordance income of his; while the other civil rights includes the right of lineage, inheritance, and the rights of guardians. The ta'zir punishments in the provision of livelihood can be executed after the filing of a lawsuit and obtain an order from the Religion Court. The provision of the living is solely to satisfy the justice and legal protection for the interests of children's rights.

scholarly journals HAK KEPERDATAAN CALON JEMAAH HAJI DALAM ‎PENYELENGGARAAN IBADAH HAJI KHUSUS ‎(Studi di PT. An-Nur Maarif Cab. Bone)‎

2019 ◽  
Vol 1 (2) ◽  
pp. 143-165
Author(s):  
Alfiana Alfiana ◽  
Mustafa MH
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Travel Agency ◽  
Beneficial Effects ◽  
Laws And Regulations

AbstractThis study discusses the civil rights of prospective pilgrims in organizing the special Hajj pilgrimage at PT. An-Nur Maarif Cab. Bone. The thing to be achieved in this research is how the forms of legal protection for the civil rights of prospective pilgrims are given by the organizers of the special pilgrimage in accordance with the conceptualization of the laws and regulations. The method of this study is an Empirical Juridical approach. The data in this study were obtained from interviewing the Director of PT. An-Nur Maarif Cab. Bone and the pilgrims who were directly involved in the implementation of the special pilgrimage to find out their prospective. The results showed that the implementation of special Hajj conducted by PT. An-Nur Maarif Cab. Bone related to legal protection had been implemented appropriately and had been based on the laws and regulations so that it had beneficial effects for prospective of the pilgrims because their rights can be protected. As a special hajj travel agency, PT. An-Nur Maarif Cab. Bone had carried out its obligations in accordance with standard operational procedures of the Indonesian Ministry of Religion and did not conflict with the applicable laws and regulations. Keywords: Civil Rights; Special Hajj; Travel Bureau.AbstrakPenelitian ini membahas hak keperdataan calon jemaah haji dalam penyelenggaraan ibadah haji khusus pada biro perjalanan PT. An-Nur Maarif Cab. Bone. Hal yang ingin dicapai dalam penelitian ini adalah bagaimana bentuk perlindungan hukum terhadap hak keperdataan calon jemaah haji khusus yang diberikan dari pihak penyelenggara ibadah haji khusus yang sesuai dengan konseptualisasi peraturan perundang-undangan. Penelitian ini menggunakan metode dengan pendekatan Yuridis Empiris. Data dalam penelitian ini diperoleh dari hasil wawancara dengan Direktur PT. An-Nur Maarif Cab. Bone dan salah satu calon jemaah haji yang terlibat langsung dalam pelaksanaan penyelenggaraan ibadah haji khusus.Hasil penelitian menunjukkan bahwa penyelenggaraan ibadah haji khusus yang dilaksanakan oleh PT. An-Nur Maarif Cab. Bone terkait perlindungan hukumnya telah diimplementasikan dan berdasar pada peraturan perundang-undangan sehingga memiliki manfaat yang berpengaruh bagi calon jemaah haji khusus karena hak-haknya dapat terlindungi. Sebagai biro perjalanan ibadah haji khusus, PT. An-Nur Maarif Cab. Bone telah melaksanakan kewajibannya yang sesuai dengan standar operasional prosedur dari Kementerian Agama RI dan tidak bertentangan dengan peraturan perundang-undangan yang berlaku.Kata Kunci: Biro Perjalanan; Hak Keperdataan; Haji Khusus.

Legal borrowings in the area of civil rights and interests protection under the legislation of Ukraine and the EU

2020 ◽  
pp. 301-314
Author(s):  
Oleksandr R. Kovalyshyn ◽  
Oleg A. Vivcharenko ◽  
Uliana P. Gryshko
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
European Continent ◽  
Legal Norms ◽  
Anal Ysis ◽  
Procedural Law ◽  
Implementation Program ◽  
Legal Transplantation ◽  
Rights And Interests ◽  
Legal Concepts

The authors proved the relevance of the issue of harmonisation of Ukrainian law with EU law, which determines the existence of an institution of borrowings in the field of civil and civil procedural law. The authors conducted a retrospective anal-ysis of legal discourse on legal transplantation, including in the field of civil legal protection. The process of convergence of civil and economic and legal positions in the European integration area on the basis of private law was investigated. The materials for the examination of the adaptation and implementation program and the case law were analysed. It is revealed that for Ukraine and other countries of the European continent, in the field of protection of civil rights and interests, the norms that have been enshrined in European regional international instruments are of particular importance. It is determined that not only transplantation of legal norms but also transplantation of legal concepts takes place in the sphere of pro-tection of civil rights and interests in the aspect of legal borrowing.

scholarly journals Penerapan Asas Pemisahan Horizontal Pada Hak Pakai Bagi Orang Asing di Indonesia

Media Iuris ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 317
Author(s):  
Alfian Adam Naafiu ◽  
Nian Qisthi Kristalin
Keyword(s):  
Land Use ◽  
Legal Protection ◽  
Customary Law ◽  
The Status ◽  
Residential House ◽  
Laws And Regulations

Horizontal Scheiding is the principle that adopted from customary law, used in the establishment of Undang-Undang Number 5 of 1960 on Peraturan Dasar Pokok-Pokok Agraria as well as related legislation. Horizontal Scheiding provides legal protection for owner of Hak atas Tanah with respect to buildings and/or objects thereon.The creation of laws and regulations that regulate matters related to the ownership of a residential or residential house by foreigners who are domiciled in Indonesia, provides an opportunity for foreigners to be able to have Hak atas Tanah in Indonesia, namely Hak Pakai as stipulated in the Peraturan Pemerintah Republik Indonesia Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah.In the case of foreigners who can own Hak atas Tanah with the status of Hak Pakai, if the Hak Pakai expire then foreigners are required to return the land according to the status of Hak atas Tanah that they are occupy, including it can lead to the demolition of buildings built on the Hak atas Tanah that have been obtained with or without being able to ask for compensation unless agreed in the land use agreement.Keywords: Horizontal Scheiding; Hak Pakai; Foreigners.Asas Pemisahan Horizontal merupakan asas yang diserap dari hukum adat yang digunakan dalam pembentukan Undang – Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria serta Peraturan Perundang-undangan terkait. Asas Pemisahan Horizontal memberikan perlindungan hukum bagi pemegang hak atas tanah terhadap kaitannya dengan bangunan dan/atau benda-benda diatasnya. Lahirnya Peraturan perundang-undangan yang mengatur hal-hal terkait dengan pemilikan rumah tempat tinggal atau hunian oleh orang asing yang berkedudukan di Indonesia, memberikan kesempatan bagi orang asing untuk dapat memiliki hak atas tanah di Indonesia yakni Hak Pakai sebagaimana ketentuan dalam Peraturan Pemerintah Republik Indonesia Nomor 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah.Dalam hal orang asing yang dapat memiliki hak atas tanah dengan status tanah Hak Pakai, apabila Hak Pakai berakhir maka bagi orang asing wajib mengembaikan tanahnya sebagaimana status hak atas tanah yang ditumpangi tersebut termasuk dapat mengarah pada pembongkaran bangunan yang dibangun diatas hak atas tanah yang diperoleh, dengan atau tanpa dapat memohonkan ganti kerugian kecuali diperjanjikan dalam perjanjian penggunaan tanah.Kata Kunci: Asas pemisahan Horizontal; Hak Pakai; Orang Asing.

scholarly journals International Humanitarian Law as a Source of Protection for Refugees from Areas of Armed Conflict

Refuge ◽  
1997 ◽  
pp. 6-8
Author(s):  
Karoline Kerber
Keyword(s):  
Human Rights ◽  
Geneva Convention ◽  
Legal Protection ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Norms ◽  
The Status ◽  
Primary Focus

The primary focus of attention in discussions on legal norms protecting refugees are usually the 1951 Geneva Convention relating to the Status of Refugees and more recently international human rights instruments, such as the European Convention on Human Rights. In the context of armed conflicts, however, it seems natural to think of international humanitarian law as applicable in armed conflicts. This article examines the potential of international humanitarian law, i.e. the four Geneva Conventions of 1949 and their additional protocols of 1977, as sources of legal protection for refugees who seek shelter outside their home country.

THE PROTECTION OF THE RIGHT TO PROPERTY IN OCCUPIED TERRITORIES

2004 ◽  
Vol 53 (3) ◽  
pp. 677-690 ◽  
Author(s):  
Loukis G Loucaides
Keyword(s):  
Legal Theory ◽  
Legal Protection ◽  
Special Importance ◽  
Human Right ◽  
International Human Rights ◽  
The Status ◽  
Occupied Territories ◽  
International Human ◽  
The Individual ◽  
The Right

The right to property was accorded the status of a human right as a result of its incorporation in international human rights instruments in the second part of the twentieth century. The right has acquired special importance as part of the freedom of the individual, his economic autonomy in modern democratic societies and generally as a significant element for the development of the individual's personality.1 Its recognition as a separate human right and its legal protection on an international level was the result of gradual efforts. It is still in the process of further legal elaboration, as regards both its scope and effect, by legal theory and jurisprudence.

scholarly journals The Place of Absolute Civil Rights in the System of Legal Regulation of Relations in Merchant Shipping

Lex Russica ◽  
2021 ◽  
pp. 18-31
Author(s):  
S. V. Ochkurenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
The Russian Federation ◽  
Merchant Shipping ◽  
Definition Of

The paper is devoted to the analysis of the place of absolute civil rights in the system of legal regulation of relations in merchant shipping. The main objectives of the study are to identify the role and general legal features of absolute civil rights exercised in the field of merchant shipping, as well as the search for optimal directions of improvement of civil legislation regulating the relevant relations.The paper characterizes the interaction between absolute and relative rights in the process of regulating relations in merchant shipping. It is established that property rights, due to their absolute nature, constitute the legal basis for the formation of legally binding relations under private and public law. In turn, the content of property rights is actively affected by public goals and tasks of legal regulation of relations arising in merchant shipping. For example, the extension of the status of an immovable property to a marine vessel is preconditioned due to the tasks of ensuring public policy in the field of commercial navigation. The author highlights the main material objects of property rights. Particular attention is paid to the peculiarities of the property law regime applied to the sea vessel and the objectives of establishing these peculiarities. The author summerizes the main normative and doctrinal approaches to the definition of the concept of a “vessel” and substantiates the necessity of a single normative consolidation of this concept in the legislation of the Russian Federation and international law instruments.The author differentiates between absolute and relative relations in the field of commercial navigation. The author substantiates the property and legal nature of the relationship arising with regard to sea vessel possession when the vessel is leased out, as well as possession of the cargo on board of the vessel. The author makes proposals concerning inclusion in the Civil Code of the Russian Federation of certain provisions on possession of a thing, as well as proposals on the development of special legal norms governing limited property rights to objects of merchant shipping.

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