scholarly journals UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA

2020 ◽  
Vol 7 (2) ◽  
pp. 149
Author(s):  
Muhammad Ngizzul Muttaqin
Keyword(s):  
Social Change ◽  
Family Law ◽  
Modern Society ◽  
Foreign Nationals ◽  
Literature Research ◽  
Mixed Marriages ◽  
Legal Problems ◽  
Legal Perspective ◽  
Qualitative Descriptive ◽  
Legal Consequences

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.

scholarly journals ANALISIS YURIDIS BATALNYA PERJANJIAN PRA- NIKAH DALAM PERKAWINAN CAMPURAN

2019 ◽  
Vol 27 (1) ◽  
pp. 774
Author(s):  
Ayu Natashasia Sembiring ◽  
Agus Kristianto Sinaga ◽  
Satria Braja Hariandja
Keyword(s):  
Public Law ◽  
Good Faith ◽  
Marriage Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Foreign Nationals ◽  
Applicable Law ◽  
Mixed Marriages ◽  
Materials Used ◽  
Legal Consequences

Mixed marriages according to Law Number 1 of 1974 concerning marriage are marriages between Indonesian citizens and foreign nationals (Article 57). Because of different nationalities, the laws applied to them are also different. Marriage Law does not expressly regulate the legal consequences arising from Mixed marriages. According to the Marriage Law of citizenship which is obtained as a marriage result, marital disturbances determine the applicable law, about public law and civil law.This research is a normative legal research that is prescriptive with a legislative approach and a conceptual approach. The sources and types of legal materials used are primary legal materials that are supported by secondary legal materials. Pre-Marriage Agreement Research Results is not implemented in good faith by each party that makes a prenuptial agreement so that it is null and void.

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

Cohabitants, Choice, and the Public Interest

2018 ◽  
Author(s):  
Robert Leckey
Keyword(s):  
Social Change ◽  
Public Interest ◽  
Intimate Relationships ◽  
Family Law ◽  
Regulatory System ◽  
Law Reform ◽  
Private Law ◽  
The Public ◽  
System P ◽  
The Face

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.

Family Law and Social Change: Judicial Views of Joint Custody, 1998–2011

2015 ◽  
Vol 40 (03) ◽  
pp. 723-745 ◽  
Author(s):  
Julie E. Artis ◽  
Andrew V. Krebs
Keyword(s):  
Social Change ◽  
Family Life ◽  
Political Party ◽  
Family Law ◽  
Party Affiliation ◽  
Joint Custody ◽  
Lower Court ◽  
Rapid Changes ◽  
Political Party Affiliation ◽  
Depth Interviews

Rapid changes in family life over the last forty years have led to substantial alterations in family law policy; specifically, most states now endorse joint custody arrangements for divorcing families. However, we know little about how lower court judges have embraced or resisted this change. We conducted in‐depth interviews with judges in twenty‐five Indiana jurisdictions in 1998 and 2011. Our findings suggest that judges' views of joint custody dramatically changed. Judges in Wave II indicated a strong preference for joint custody—a theme that was relatively absent in Wave I. The observed change in judicial preferences did not seem to be related to judicial replacement, gender, age, or political party affiliation. Although our conclusions are exploratory, we speculate that shifts in judicial views may be related to changing public mores of parenthood and, relatedly, Indiana's adoption of Parenting Time Guidelines in 2001.

Legal problems of the paternity institution: Child's rights ensuring issues

2020 ◽  
pp. 267-286
Author(s):  
Mikhail A. Gussev ◽  
Yessil S. Rakhmetov ◽  
Aliya K. Berdibayeva ◽  
Ainash Yessekeyeva
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Law ◽  
Public Law ◽  
Practical Significance ◽  
Social Constructs ◽  
Social Forms ◽  
Rights Of The Child ◽  
Legal Problems ◽  
The Family

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.

scholarly journals General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process

2020 ◽  
Vol 3 (2) ◽  
pp. 112-116
Author(s):  
Elli Ruslina ◽  
Siti Rodiah ◽  
Benny Wulur
Keyword(s):  
Criminal Procedure ◽  
Qualitative Approach ◽  
Creative Economy ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Problems ◽  
Legal Consequences

The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia’s Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.

scholarly journals Fenomena Ikumen sebagai Salah Satu Perubahan Peran dan Identitas Ayah dalam Masyarakat Jepang Modern

2015 ◽  
Vol 9 (2) ◽  
pp. 100
Author(s):  
Iis Muhayaroh
Keyword(s):  
Social Change ◽  
Qualitative Method ◽  
Change Theory ◽  
Modern Society ◽  
Social Changes ◽  
Non Profit ◽  
Father’S Role ◽  
Anthony Giddens ◽  
Social Change Theory ◽  
The Government

Article focused on the changes of father’s role within modern society due to social changes that was called ikumen. Ikumen is a social change that happens in the father’s role and identity in Japan in which now is appears a type of father who enjoys caring for children while working. Ikumen itself was made by media, and then it was supported by the government. The purpose of this research was to analyse the changes of father’s role and identity in Japan using Social Change theory by Anthony Giddens. This research applied qualitative method and by interviewing six ikumen who were members of NPO (Non Profit Organization) Fathering Japan. The research finds out that right now there have been many fathers who have desire to put family first. It is proven by the amount of fathers who have taken paternal leave in Japan.

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.

scholarly journals Specialist Clinical Legal Education: An Australian Model

2014 ◽  
Vol 3 ◽  
pp. 67 ◽  
Author(s):  
Susan Campbell ◽  
Alan Ray
Keyword(s):  
Subject Matter ◽  
Family Law ◽  
Legal Education ◽  
Legal Issues ◽  
Legal Subject ◽  
Grass Roots ◽  
Legal Problems ◽  
The University ◽  
Insight Into ◽  
Australian Universities

<p>Clinical legal education in Australia traditionally has been based in generalist clinics, where the client and caseload intake is limited primarily by the financial means of clients rather than by the legal subject matter of their problems. The breadth and variety of legal problems which confront clinic students provide insight into and understanding of the operation of the legal system at the grass roots and the legal issues raised rarely seem to reflect directly the law the students have learnt in the classroom.</p><p>In recent years, for both educational and political reasons, Australian Universities have begun to develop specialised clinics, serving clients with problems in a particular area of law.</p><p>This article describes the operation of Monash’s specialised Family Law clinic and considers the factors which, in the Monash experience, have combined to ensure its stability and recognition, within the University and in the broader political context.</p>

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