PERJANJIAN PERKAWINAN; ASAS KESEIMBANGAN DALAM PERKAWINAN

Author(s):  
Puji Kurniawan

A marriage agreement is an agreement between a prospective husband and wife to regulate matters that are mutually agreed upon especially regarding assets in their marriage, provided that they do not conflict with law, decency and public order, and pay attention to general rules relating to the prohibition of the contents of the marriage agreement. This is in accordance with the principle of balance that we can find in the legislation.

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Hanafi Arief

Marital agreement is part of the ?eld of family law which must comply with the provisions of Book I of the Civil Code (BW) Setting of the marriage covenant in the Book of the Civil Code Act is described in Part VII of the Civil Code Article 139 s / d 154. Broadly speaking, marital agreements are binding the party / bride in case of marriage. Based on Article 139 of the Civil Code (BW), the existence of the agreement to marry is as an exception of provision of Article 119 of the Civil Code, namely when the marriage takes place then legally valid rounded unity between the wealth of the husband and wife or in other words the extent set. Article 139 of the Civil Code contains a principle that the prospective husband and wife are free to determine the contents of the marriage covenant they made. However, these freedoms are limited by some restrictions that must be considered by a prospective husband and wife who will make a covenant marriage. The substance of the agreement is not contrary to public order (openbareorde), decency, and religious law.


2018 ◽  
Vol 71 (4) ◽  
pp. 85-90
Author(s):  
H. V. Dzhahupov

The application of police care as a completely new measure for Ukraine has been analyzed. This measure appeared on the list of preventive police measures (c. 11, Part 1 of the Art. 31), as soon as the Law of Ukraine “On the National Police” came into force. It has been substantiated that the research of police care is significant not only in the context of developing the mechanism of this measure, but also in the context of the problems of close cooperation and interaction of police agencies with citizens, territorial communities and public institutions on the principles of partnership and focus on addressing their needs, in particular, to ensure public safety. The analysis of existing research of the concept, content and significance of public safety and order has been carried out. It has been concluded that the term “public order and safety” is not legally defined at present time, but the analysis of regulatory acts and different views of scholars testifies to the homogeneity of the notions of “public order and safety” and “public policy and safety”. It has been stressed that the implementation of this preventive measure by the police is impossible without understanding the psychological aspect of this issue and taking into account the psychological state of a police officer. One of the most important components of this process, in the opinion of the author, is the observance of general rules of communication; a police officer during the communication with people also must comply with the requirements of the Constitution of Ukraine. It has been noted that although the content of the minutes on the use of police care is provided in Part 4 of the Art. 41 of the Law of Ukraine “On the National Police”, but in practice there are a lot of questions regarding this matter, therefore its appropriate form should be approved. We offer to authorize a patrol police officer or a community police officer to have the right to execute a process-verbal. It has been concluded that the resolution of stated issues will contribute to the clear and effective implementation of the norms of the current legislation by the staff of the National Police. The deeper study of the issues of psychological components of both police care, and other preventive police measures has been defined as a perspective area.


2001 ◽  
Vol 40 (06) ◽  
pp. 228-238 ◽  
Author(s):  
U. Paschen ◽  
S. Kröger ◽  
K. H. Bohuslavizki ◽  
M. Clausen ◽  
V. Jansen-Schmidt

SummaryIn 1995, the management of the University Clinic Hamburg-Eppendorf proposed to establish a total quality assurance (QA) system. A revised QA-system has been introduced stepwise in the department of nuclear medicine since 1997, and certification was achieved in accordance with DIN EN ISO 9001:2000 on February 14,2001.The QA-handbook is devided into two parts. The first part contains operational (diagnostic and therapeutic) procedures in so-called standard operating procedures (SOP). They describe the indication of procedures as well as the competences and time necessary in a standardized manner. Up to now, more than 70 SOPs have been written as a collaborative approach between technicians and physicians during daily clinical routine after analysing and discussing the procedures. Thus, the results were more clearly defined processes and more satisfied employees.The second part consists of general rules and directions concerning the security of work and equipment as well as radialion protection tasks, hygiene etc. as it is required by the law. This part was written predominantly by the management of the department of nuclear-medicine and the QA-coordinator. Detailed information for the patients, documentation of the work-flows as well as the medical report was adapted to the QM-system. Although in the introduction phase of a QA-system a vast amount of time is necessary, some months later a surplus for the clinical workday will become available. The well defined relations of competences and procedures will result in a gain of time, a reduction of costs and a help to ensure the legal demands. Last but not least, the QA-system simply helps to build up confidence and acceptance both by the patients and the referring physicians.


2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.


2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.


This article presents the case of Chatterley and Clifford, the two main characters in Lady Chatterley’s Lover, to consider tenderness a basic working emotion to shape human relationships. The lack of tenderness causes emotional as well as physical distance in relation, especially that of male-female’s relation. The first part of the article reviews tenderness. The second part reviews how tenderness and lack of tenderness affect a male-female relationship in the selected novel, Lady Chatterley’s Lover. On the basis of a careful analysis of Lady Chatterley’s Lover, the present writer tries to prove that the lack of tenderness is the main culprit for the broken relationship between husband and wife: a major one of the relations between man and woman in human society and mutual tenderness elicits people awakening to a new way of living in an exterior world that is uncracking after the long winter hibernation. Lawrence, through a revelation of Connie’s gradual awakening from tenderness, has made his utmost effort to explore possible solutions to harmonious androgyny between men and women so as to revitalize the distorted human nature caused by the industrial civilization. Key words: relationship, husband and wife, tenderness, main culprit, Connie


2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.


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