LEGAL REVIEW ON THE LEGITIMACY OF GUARDIAN TO THE MARRIAGE OF ADOPTED CHILD

2015 ◽  
Vol 1 (1) ◽  
pp. 11-20
Author(s):  
Ani Yumarni

ABSTRACT               A legal marriage is the process of marriage which qualifies the requirements and pillars stipulated by law. However, the appearance of consenting marital guardian (wali) of marriage is among the pillars of legitimate (rukun) marriage. Accordingly, guardian as mentioned here is a relative guardian. This stipulation is applied to daughters including adopted daughters who intentionally going to perform marriage. In particular condition in the society, sometimes, a marital guardian of adopted daughters is untraceable.  Therefore, in order to examine and analyze the legitimate person to be guardian of marriage, an appropriate legal remedy that becomes the purpose of this research is needed. The methodology applied in the research is juridical normative approach whereby objectively explaining particular data followed by an analysis based on legal theory and related statutes of research objects. However, the custodial right of adopted child is only restricted to the right of custody, nurture, and education. On the other hand, marital custodial right is still belongs to biological parent so long the family tree is identifiable. On the contrary, In case of biological marital guardian is unidentifiable, a guardian judge can perform such right according to the court decision. It was advocated by Article 49 of Law No. 3 of 2006 concerning on Shariah Court. At the same vein, article 17 stipulated on the appointment of another person as guardian in case of somebody’s custodial right is rejected, and followed by Article 18 which stipulated on the appointment of guardian of not 18 (eighteen) years old enough bereaved child. Keywords: Guardian, Marriage, Adopted child.

Author(s):  
Diego Ardura ◽  
Ángela Zamora ◽  
Alberto Pérez-Bitrián

The present investigation aims to analyze the effect of motivation on students’ causal attributions to choose or abandon chemistry when it first becomes optional in the secondary education curriculum in Spain. Attributions to the effect of the family and to the teacher and classroom methodology were found to be common predictors of the choice to all the students in the sample. However, our analyses point to a significant effect of the students’ motivation in other types of attributions. In the case of at-risk of abandonment students, specific causal attributions to the effect of friends and to the subject's relationship with mathematics were found. On the other hand, the effect of media was a significant predictor only in the case of highly-motivated students. Our study provides several suggestions for teachers, schools, and administrations to design counseling strategies to help students make the right choices.


Author(s):  
Marcello Barbato

Several attempts have been made to classify Romance languages. The subgroups created can be posited as intermediate entities in diachrony between a mother language and daughter languages. This diachronic perspective can be structured using a rigid model, such as that of the family tree, or more flexible ones. In general, this perspective yields a bipartite division between Western Romance languages (Ibero-Romance, Gallo-Romance, Alpine-, and Cisalpine-Romance) and Eastern Romance languages (Italian and Romanian), or a tripartite split between Sardinian, Romanian, and other languages. The subgroups can, however, be considered synchronic groupings based on the analysis of the characteristics internal to the varieties. Naturally, the groupings change depending on which features are used and which theoretic model is adopted. Still, this type of approach signals the individuality of French and Romanian with respect to the Romània continua, or contrasts northern and southern Romània, highlighting, on the one hand, the shared features in Gallo-Romance and Gallo-Italian and, on the other, those common to Ibero-Romance, southern Italian, and Sardinian. The task of classifying Romance languages includes thorny issues such as distinguishing between synchrony and diachrony, language and dialect, and monothetic and polythetic classification. Moreover, ideological and political matters often complicate the theme of classification. Many problems stand as yet unresolved, and they will probably remain unresolvable.


1975 ◽  
Vol 2 (3) ◽  
pp. 299-333 ◽  
Author(s):  
T. M. S. Priestly

Summary The first family-tree diagram in August Schleicher’s (1821–68) published work appeared in 1853, seven years after his first printed discussion of the family-tree concept. In 1853 there also appeared Čteni o srovnavaci mluvnici slovanské by the Czech scholar František Ladislav Čelakovský (1799–1852); this book also contained a family-tree diagram. Since Čelakovský and Schleicher were contemporaries in Prague for over two years, their interrelationship is of interest: was this rivalry of collaboration? At first sight, a coincidence seems improbable. In the available work on and by Schleicher, Čelakovský is never mentioned; in the writings on and by Čelakovský, Schleicher’s name is never linked to his. However, the two had very many common interests. Apart from being colleagues at Charles University, they shared the same friends and enemies, were both interested in music and botany, and so on. Moreover, both were working on Slavic Historical Linguistics during the period in question. On the other hand, their personalities were such that the possibility of a mutual antipathy must not be excluded. Given the background to Čelakovský’s life and work, including the legends of the common origin of the Slavs and the obviously close interrelationships of the Slavic languages; the burgeoning of interest in Slavic history and linguistics, and in Panslavicism; the popularity of genealogy; and the developments in classificatory techniques along natural scientific lines, it is argued that Čela-kovský’s depiction of a family-tree for the Slavic languages could be quite naturally expected from him at this point in time, without any influence from Schleicher. On the other hand, Schleicher’s first family-tree diagrams were the next logical step in his own development. Moreover, the actual form of the diagrams in question suggests that they may indeed have been developed independently. This puzzle in the history of linguistics remains unsolved: collaboration, rivalry, and coincidence are all possible.


Author(s):  
Devin Moore

AbstractCoahuitlán Totonac is spoken in Veracruz, Mexico, and has been variously ascribed to two different branches of the Totonacan family tree. While recent work has begun to bring empirical evidence to the internal structure of this family tree, there remain several important areas of disagreement, in addition to the disputed affiliation of Coahuitlán. This article informs the family tree and demonstrates that Coahuitlán belongs to the Northern branch using shared innovations and two computational methods. The comparative method seeks sets of shared innovations for evidence of subgrouping. This article presents proposed shared innovations in phonology, morphology, and lexicon, which fall into two sets, one belonging to the Sierra and Lowland branches, and the other belonging to the Northern. Coahuitlán Totonac overwhelmingly shares innovations found in Northern languages and lacks innovations found in Sierra. Two quantitative methods are also used to show that Coahuitlán groups groups closely with other Northern languages.


2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 


2020 ◽  
Vol 4 (2) ◽  
pp. 158-181
Author(s):  
I Made Suharta

Anak-anak di dunia ini sangat membutuhkan bimbingan dari orang tua yang dilakukan dengan adanya rasa kasih sayang dari keluarga terutama bimbingan dari orang tua.  Dengan bimbingan dan kasih sayang yang sepatutnya, seorang anak akan bertumbuh menjadi suatu kesukaan bagi orang tua, berkat bagi dunia, dan terang bercahaya bagi Allah. Pengaruh keluarga atau pun juga guru yang mengajar mereka di sekolah bagi perkembangan anak sangatlah besar. Karena guru juga merupakan tempat utama bagi pembentukan karakter, watak, dan kepribadian anak di sekolah. Dengan bantuan dan dorongan dari keluarga, teman-teman, dan anggota-anggota keluarga besar, anak-anak seharusnya merasakan masa kanak-kanak sebagai suatu masa untuk menemukan pribadi seperti yang telah dikehendaki oleh Tuhan. Namun keadaan dunia ini tidaklah selalu sesuai dengan yang diharapkan. Dunia saat ini memberikan kepada anak-anak kemudahan-kemudahan untuk melakukan sesuatu yang tidak sesuai dengan yang diajarkan dalam keluarga begitu juga dengan lingkungan sangat mempengaruhi pembentukan pola-pola kepribadian maupun pola-pola sikapnya. Ketika orang tua tidak memberikan kasih sayang kepada anak sejak kecil yang seharusnya diterima oleh anak dan ketika orang tua gagal memberikan kasih sayang kepada anak, maka anak tidak dapat bertumbuh dengan baik dan di sekolah pun anak tidak aktif dalam mengikuti pengajaran. Hal yang lainnya ialah, mereka bertumbuh menjadi anak-anak yang pemalu dan takut untuk tampil didepan umum, juga kurang percaya diri, menganggap diri kurang mampu, tidak hanya di sekolah namun di lingkungan juga.  Peristiwa lainnya ialah ketika orang tua tidak terlalu mementingkan pertumbuhan anak, maka akan membuat anak sulit mengikuti pengajaran yang baik di sekolah. Kasus-kasus di atas, adalah akibat kurangnya pastoral konseling terhadap anak pada usia 5-12 tahun sehingga berdampak pembentukan karakter dan emosi yang kurang baik. Oleh sebab itu guru diharapkan mampu untuk mengerti pastoral konseling dengan benar dan menjalankannya didalam pengajaran tiap-tiap hari yang dilakukan seorang guru di sekolah, karena pastoral konseling terhadap anak yang benar akan mempengaruhi kecerdasan anak dan anak dapat merasakan kasih sayang atau perhatian yang seharusnya mereka dapatkan dari orang tua.   Children in this world really need guidance from parents which is done with the love of family, especially guidance from parents. With proper guidance and affection, a child will grow into a joy for parents, a blessing to the world, and a bright light for God. The influence of the family or also the teacher who teaches them at school for children's development is very large. Because the teacher is also the main place for the formation of character, character, and personality of children in school. With the help and encouragement from family, friends, and members of extended families, children should feel childhood as a time to find the person who is desired by God. But the state of this world is not always as expected. Today's world gives children the ease of doing things that are not in accordance with what is taught in the family as well as the environment greatly influencing the formation of personality patterns and patterns of attitude. When parents do not give love to children since childhood which should be accepted by children and when parents fail to give love to children, then the child cannot grow properly and even in school the child is not active in following teaching. The other thing is, they grow up to be shy children who are afraid to appear in public, also lack of confidence, consider themselves less capable, not only in school but also in the environment. Other events are when parents are not too concerned with the child's growth, it will make it difficult for children to follow good teaching in school. The cases above, are due to the lack of pastoral counseling of children at the age of 5-12 years, which results in the formation of character and emotions that are not good. Therefore teachers are expected to be able to understand pastoral counseling correctly and carry it out in teaching every day that is done by a teacher at school, because pastoral counseling to the right child will affect the intelligence of children and children can feel the love or attention they should get from parents.


2021 ◽  
Vol 2 (3) ◽  
pp. 662-666
Author(s):  
I Gede Yudha Rana ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.  


2015 ◽  
pp. 137-153
Author(s):  
Filip Dziedzic

The subject of the article is the justification of the thesis that the differentiation of the legal situation of parents on the basis of the Act on the Large Family Card, who have established a family with at least three children violates the constitutional principle of equality before the law. On the one hand some parents are entitled to use the card without any time limit, and on the other hand there is a group of parents who also have large families, but are totally deprived of the right. According to the author of the article, the diversity does not represent any constitutionally protected value and the discrimination occurs due to the unlimited duration of the right to own the Card by eligible parents. The result of the above, as well as the fourth (another) child’s right to the Card depending on holding the Card by the parent, is discriminatory for the children born as the fourth (next) child in the family. The article is also an attempt to answer the question which way would be the best to remove the above-mentioned discrimination thus making it most coherent with the objective and content of the analyzed regulation.


PEDIATRICS ◽  
1986 ◽  
Vol 78 (1) ◽  
pp. 103-106
Author(s):  
John M. Graham ◽  
Forst E. Brown ◽  
Carol L. Struckmeyer ◽  
Christian Hallowell

Most previous cases of unilateral terminal transverse defects of the hand have not been familial. Several previously reported cases of apparent autosomal dominant inheritance of such defects have subsequently been reclassified as type B brachydactyly. We report a pair of adult twin women with unilateral terminal transverse defects affecting the left hand in one woman and the right hand in the other woman. The latter woman has one daughter with a unilateral terminal transverse defect affecting the left hand. The hand anomaly is characterized by absence of the terminal portions of digits 2 to 5 with a mildly hypoplastic thumb (adactylia). Tiny nail remnants are evident on the remaining digital stumps, and no soft tissue syndactyly is apparent. At 2 years of age, the daughter has hypoplastic first, fourth, and fifth metacarpals with no ossification of the second or third metacarpals or any of the phalanges. The affected mother has hypoplastic metacarpals for digits 2 to 4 and a vestigial fifth proximal phalanx on the affected hand, with no other phalanges evident by roentgenogram other than those of the thumb. The mother's twin sister has similar findings, except the ossified phalangeal remnant is on her second and third fingers rather than her fifth finger. Doppler flow arterial patterns appeared normal in each hand of affected family members. The other hand and both feet are clinically and radiologically normal in each case, and the family history is negative for any other individuals with limb anomalies. A review of the literature suggests that this family may very well be unique.


2007 ◽  
Vol 178 (3) ◽  
pp. 201-216 ◽  
Author(s):  
Komsorn Lauprasert ◽  
Gilles Cuny ◽  
Eric Buffetaut ◽  
Varavudh Suteethorn ◽  
Kumthorn Thirakhupt

Abstract A new taxon of a broad-snouted goniopholidid, Siamosuchus phuphokensis, gen. et sp. nov., was discovered in the Sao Khua Formation (ante-Aptian), northeastern Thailand. The specimen is described on the basis of an incomplete skeleton showing the premaxillae, maxillae, nasals, left lacrimal, frontal, left jugal, right postorbital, caudal part of the cranial table, most of the right part of the postcranial skeleton, and several heavily sculptured osteoderms. S. phuphokensis is distinguished from the other broad-snouted goniopholidids on the basis of the following characters: penetration of the nasals in the narial border; presence of a robust and high median ridge on the interorbital surface; lateral margin of the frontal forming the medial edge of the orbit; supraoccipital exhibiting a wide pentagonal shape. A phylogenetic analysis using 101 characters for 29 mesoeucrocodylian taxa and 3 outgroup taxa supports the monophyly of the family Goniopholididae. In addition, the Thai specimen forms a clade with the European Goniopholis. Based on our strict consensus tree, the generic name Goniopholis should be restricted to the European forms only.


Sign in / Sign up

Export Citation Format

Share Document