scholarly journals Paradigma Hakim Atas Perlindungan Hukum Anak Luar Kawin Kajian Putusan Mahkamah Konstitusi Nomor 46/PUU-VII/2010

2020 ◽  
Vol 2 (1) ◽  
pp. 1-29
Author(s):  
Erikson Sihotang
Keyword(s):  
Civil Law ◽  
Secondary Data ◽  
Constitutional Court ◽  
Human Being ◽  
Court Ruling ◽  
Biological Father ◽  
Legal Relationship ◽  
Biological Mother ◽  
The Law ◽  
The Right

Article 28b paragraph (2) of the 1945 Constitution provides that "every child has theright to live, grow and develop and has the right to protection from violence anddiscrimination.” Child is the mandate at the same gift of Almighty God, which always shouldwe watch for in her inherent dignity, dignity, and rights as a human being which must beupheld. This paper analyzes the Constitution Court Decision No.46/PUU-VII/2010. Thedecision to make a breakthrough law for children born non-marital child. According toIndonesian civil law that non-marital child only have a legal relationship with his/herbiological mother, and according to the law number 1 of 1974 on Marriage that childrenborn non-marital child have a legal relationship with his/her biological mother dan his/her mother family. problem of this research, how are judge’s law paradigm in Decision No.46/PUU/VII/201. This research is the normative research, using the statutory approach, caseapproach and conceptual approaches. The main data is secondary data. Based on the resultsof the research thatThe judge’s paradigm in the constitutional court ruling is in contrast tothe Indonesian Civil Law and the law number 1 of 1974 on marriage. And according to theverdict non-marital child also has legal relationship with his/her biological father.

scholarly journals STATUS HUKUM ANAK LUAR KAWIN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010

2017 ◽  
Author(s):  
Ida Martinelli
Keyword(s):  
Science And Technology ◽  
Legal Protection ◽  
Constitutional Court ◽  
Biological Father ◽  
Legal Relationship ◽  
Civil Status ◽  
The Law

Decision of Constitutional Court gives the child outside the civil status married to the biological father, the purpose of which provide legal protection to children outside of mating, so that the child’s rights as a whole can be obtained. The legal relationship between the child outside of mating with her biological father must be proven with science and technology and/or other evidence according to the law have blood relations.

scholarly journals PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI

2019 ◽  
Vol 1 (2) ◽  
pp. 164-176
Author(s):  
Muhammad Salam Amrullah
Keyword(s):  
Descriptive Analysis ◽  
Research Result ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Constitutional Court ◽  
The Public ◽  
Qualitative Descriptive ◽  
Right To Vote ◽  
The Law ◽  
The Right

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

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 STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Sulaiman Sulaiman
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Sociological Approach ◽  
Rights Of The Child ◽  
The Right

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 229-237
Author(s):  
Łukasz Paroń
Keyword(s):  
Gradual Increase ◽  
Civil Law ◽  
Hourly Wage ◽  
Temporary Work ◽  
Freedom Of Contract ◽  
Legal Relationship ◽  
Asking Questions ◽  
The Right ◽  
Employment Rights ◽  
Public Holidays

Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.

scholarly journals Issues of Protection of Personal Rights After the Death of the Victim in Civil Law

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 124-144
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
Property Damage ◽  
Personal Rights ◽  
Moral Damage ◽  
The Law ◽  
The Right

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

scholarly journals KONSEKUENSI YURIDIS PUTUSAN MAKAMAH KONSTITUSI NO. 46/PUU-VIII/2010 TERHADAP KEDUDUKAN ANAK ASTRA DALAM HUKUM ADAT BALI

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
I Gede Pasek Pramana
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Customary Law ◽  
Court Decision ◽  
Systematic Evaluation ◽  
Constitutional Court ◽  
Biological Father ◽  
Normative Study ◽  
Conceptual Approach ◽  
The Law

This research aims to analyze about the significance of the Constitutional Court Decision No.46/PUU-VIII/2010 the position of anak astra in Bali customary law. The research method used is a normative study by selecting the type of statue approach and the conceptual approach. Sources of legal materials that were examined in this study consisted of primary legal materials and secondary legal materials and techniques were analyzed with the description, systematic, evaluation and argumentation. Based on the perspective ( review ) Constitutional Court Decision No. 46/PUU-VIII/2010, anak astra have a civil relationship with her biological father and his family along can be proved by science and technology and / or other evidence according to the law. The juridical consequences of the Constitutional Court Decision No. 46/PUU-VIII/2010 to the norms of Bali customary law about anak astra Bali is must conform to the directions of law in the Decision of the Constitutional Court.

Rescission and its Effect on Restitution

1984 ◽  
Vol 19 (3-4) ◽  
pp. 388-439 ◽  
Author(s):  
Sinai Deutch
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Specific Performance ◽  
The Law ◽  
The Right

Rescission is one of the most important activities in the law of contract. The right or the possibility to rescind is no less important than the right to specific performance or damages. Indeed, in many cases, when specific performance is either undesired or impossible, and no harm entitling damages has been caused, it will be the major right.Despite this importance, Israeli contract laws have left many questions regarding rescission open (e.g. the character of the rescission, its range, contents and results regarding both contracting parties and third parties). The silence of the Israeli legislature in these matters is typical of Israeli civil law legislation in which major areas of law are condensed into a few laconic provisions. This attitude leaves much room for construction of the statute and for judicial legislation.

Sign in / Sign up

Export Citation Format

Share Document