scholarly journals Political Reconstruction of Law towards the Rights of Non-Marital Child through the State Recognition of Unregistered Marriage in Indonesia

Author(s):  
Herni Widanarti ◽  
Benny Riyanto ◽  
Yunanto Yunanto
Keyword(s):  
Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


Author(s):  
Clare Chambers

The conclusion recaps the arguments of Against Marriage: An Egalitarian Defence of the Marriage-Free State. The book presents a critique of state-recognized marriage and an alternative model for regulating personal relationships. The main critique of marriage is that it is inegalitarian. Feminists have long criticized the gendered nature of marriage. Even reformed marriage creates unjustified inequalities between married and unmarried people and their children. State recognition of marriage also involves the state in making controversial judgements about ways of life, undermining liberty. In place of state-recognized marriage, the marriage-free state would regulate relationship practices in a piecemeal fashion and without requiring a special status.


2020 ◽  
Vol 2020 (58) ◽  
pp. 158-172
Author(s):  
Лилиана Тимченко

It is difficult for researchers to explain the phenomenon of recognition of States. The author had decided to address the issue from the perspective of the doctrine of State recognition in classical international law. The basis for this work was the study of the most prolific scientist of the Russian immigration ‒ M.A. Zimmerman. The main hypothesis of the article is focused on the idea that narrow political interests of the state may be overcome only by the force of balanced collective legal decisions on the issue of recognition.


2020 ◽  
Vol 1 (1) ◽  
pp. 34-62
Author(s):  
Sulastriyono Sulastriyono ◽  
Journal Manager APHA

This article aims to analyze recognition and respect towards adat law community and adat law in Indonesia legal pluralism context; the strength and weakness of adat law as conflict resolution mechanism; model on state recognition and respect towards adat law community and its adat law in order to reduce the weakness of adat law as a tool to resolve conflict. This is a legal normative article which written based on secondary data, such as books, articles, news, research report, and laws. Collected secondary data are selected based on the issues and analyzed qualitatively. Analysis results on descriptive report which explains the issues comprehensively. This article found that (1) In Indonesia legal pluralism context, the state has not recognized and respect adat law community and its adat law wholeheartedly. It is proven by cumulative limitations which hard to be fulfilled by the adat law community in order to be recognized and respected by the state; (2) The strength of non-litigation conflict resolution based of adat law principles is not about win or lose solution, but about win-win solution. Win-win solution has purpose to achieve justice which acceptable to all parties. Win-win solution is obtained based on consensus from conflicting parties until justice is achieved. The weakness of adat law in Indonesia Law context is the fact that Indonesia adopts European Continental system of law, therefore adat law is not the state law. Adat law is understood by understanding the life of the community where adat law is applied. Adat law is implemented voluntarily, without any force from the state. The weakness of adat law as tool of conflict resolution is the dependency towards good faith between parties. The decision cannot be implemented, unless there is good faith from the conflicting parties; (3) model of adat law community and its adat law recognition and respect is synergic combination model between self declaratory by the adat law community and decisive state recognition with strict limitation which hard to be implemented by the adat law community.


2021 ◽  
Vol 17 (3) ◽  
pp. 356-370
Author(s):  
Margaret O'Brien

AbstractThis paper explores the complex iteration of ethnic identity and legal culture amongst the Chakma peoples of the Chittagong Hill Tracts of Bangladesh and the hill territories of Tripura, India. Its hypothesis is that the stigma of tribal identity is more likely to be sustained in situations of ‘weak’ pluralism – that is, where the customary system is formally annexed to the state. However, such stigma is more likely to be dispelled where numerous, competing legal jurisdictions collide in a ‘strong’ pluralism expressed as a relatively autonomous legal domain, overlapping legal jurisdictions and in the presence of a productive and potentially creative ‘interlegality’. Conversely, strong state recognition of identities, such as can be found in India, appears to be linked to weak local pluralism, creating an insular and inward-looking community that embraces stigma and the preservation and use of customary practices. In conclusion, this paper asserts that formal state recognition in a situation of legal pluralism tends to freeze identities in a facsimile of the colonial trope of tribe, whilst conflict between the communities and the state generates new and resistant identities and new iterations of customary law.


Author(s):  
Clare Chambers

Against Marriage: An Egalitarian Defence of the Marriage-Free State is a critique of the state recognition of marriage and a proposal for an alternative form of regulation. Part One, ‘Against Marriage’, sets out the critique. State-recognized marriage is unjust as it violates two fundamental values: equality and freedom. Marriage has historically been an instrument for maintaining inequality between men and women both practically, through laws, and symbolically, through norms. Marriage also violates equality between same-sex and different-sex couples. Reform can remove some of these inequalities, but marriage inevitably involves inequality between married and unmarried people. Moreover, state-recognized marriage threatens liberty since it involves the state endorsing a particular way of life. Various arguments have been offered in favour of this state promotion, but none of them adequately support the state recognition of marriage as opposed to other, more inclusive measures. Part Two, ‘The Marriage-Free State’, sets out the alternative. Most feminist and egalitarian critics of state-recognized marriage advocate replacing it with either relationship contracts or alternative statuses such as civil or care-based unions. Neither option is ideal, particularly since both contracts and alternative statuses leave vulnerable people unprotected. Instead, the book proposes a piecemeal, practice-based model of regulation, applying to all people who are engaging in relationship practices that should justly be regulated. In this model, equality is secured by the regulations themselves and liberty is secured by opting out. Finally, the book considers how the state should act to ensure equality in private marriages, be they religious or secular.


2011 ◽  
Vol 58 (4) ◽  
pp. 498-510 ◽  
Author(s):  
Sun Yanfei

The author delineates the configuration of the Chinese Buddhist ecology in post-Mao China by focusing on three major types of religious actor found in the ecology. She spells out how the interactions between the internal characteristics of religious groups and external structural conditions have shaped the development patterns of groups in each type. First, the dominant Buddhist temples, which enjoy state recognition, have been beset by the hollowing-out process. Second, the type of Buddhist groups with ambiguous legal status has been growing vigorously in the interstices of the current Chinese socio-political structure but faces uncertainties. An array of actors and forms, including self-appointed monks and the mixed form of Buddhism and popular religion, exist on the fringe of institutional Buddhism and constitute the third type. Within this type, the syncretic sects, receiving censure from both the state and the Buddhist establishment, are forced to operate underground.


2003 ◽  
Vol 41 (4) ◽  
pp. 587-610 ◽  
Author(s):  
Christian Lund

This article analyses a longstanding ethno-political conflict between Kusasis and Mamprusis in Bawku in north-east Ghana. A double argument is pursued. First, while communal conflict and violence challenge the state and expose its incapacity, the conflicts (played out over chieftaincy, party politics, land, markets, names of places etc.) at the same time invoke a powerful idea of the state as the most significant institution to qualify claims as rights or discard them as illegitimate. Second, the broad variety of social conflicts has effectively been cut to fit an ethnic distinction. Thus, the various conflictual issues have ‘confirmed’ and structured each other. The antagonisms have been crystallised and a pattern entrenching conflict between the two groups has been perpetuated. The article draws historical lines from the 1930s to the present, linking national policy to local politics and political culture with a particular focus on the political manifestations vis-à-vis the state and the use of ‘history’ to justify claims.


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