scholarly journals Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 101-108
Author(s):  
Ni Ketut Sari Adnyani
Keyword(s):  
Business Law ◽  
Mixed Marriages ◽  
Sociological Jurisprudence ◽  
The Family ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Marital Agreement

This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).

The Origins of the Matrilineal Principle in Rabbinic Law

AJS Review ◽  
1985 ◽  
Vol 10 (1) ◽  
pp. 19-53 ◽  
Author(s):  
Shaye J. D. Cohen
Keyword(s):  
Family Law ◽  
Ancient Egypt ◽  
Second Century ◽  
Mixed Marriages ◽  
The Family ◽  
The Status ◽  
Rabbinic Law ◽  
Jewish Mother

According to rabbinic law, from the second century to the present, the offspring of a gentile mother and a Jewish father is a gentile, while the offspring of a Jewish mother and a gentile father is a Jew (albeit, according to the Mishnah, amamzer, a Jew of impaired status). Each of these two rulings has its own history, as I shall show below, but it is convenient to group them together under the general heading of the “matrilineal principle.” Anthropologists and sociologists use the termmatrilinealto describe societies in which kinship is determined through the females and not the males. Such societies once existed in ancient Egypt and Mesopotamia, and can still be found in parts of Africa, India, and Polynesia. Although rabbinic society and family law have not yet been studied in the light of modern anthropological and sociological theories, it seems clear that the kinship patterns which characterize matrilineal societies are thoroughly foreign to rabbinic society. With only a few exceptions, rabbinic family law is patrilineal. Status, kinship, and succession are determined through the father. (“The family of the father is considered family, the family of the mother is not considered family,” B.Bava Batra109b.) Why, then, did the rabbis adopt a matrilineal principle for the determination of the status of the offspring of mixed marriages?

scholarly journals Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing

2020 ◽  
Vol 1 (2) ◽  
pp. 7-11
Author(s):  
Agnes Geraldine Olga Supriyana ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Land Ownership ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

THE PROBLEM OF APPLYING THE LAW OF UNKNOWN STATES IN INTERNATIONAL PRIVATE LAW

2018 ◽  
Author(s):  
Inesa Shumilo ◽  
◽  
Mykyta Kostin ◽  
Artem Shapoval ◽  
◽  
...  
Keyword(s):  
Case Law ◽  
Private Law ◽  
Private International Law ◽  
National Courts ◽  
The Status ◽  
Mandatory Rules ◽  
The Law ◽  
The Right ◽  
Domestic Law

The article is devoted to a comprehensive study of the problems of application of the law of unrecognized states in private international law. The study describes the main conceptual approaches to the possibility of national courts to apply the law of unrecognized states in the regulation of private law relations. Emphasis is placed on the arguments "for" the right of courts to take into account the rules of domestic law of unrecognized states, the case law on the issue selected for study is studied. According to the results of the research, it is concluded that the international legal recognition of the newly formed countries and the determination of the status of its national legislation and, as a consequence, the possibility of its application by national courts remain controversial today. Under the outlined conditions in the process of settling private law relations, the competent jurisdictions of the countries face the problem of applying the law of foreign states that have not gained worldwide recognition, which objectively causes controversy on the issue of mandatory rules of conduct, law in force in its territory. . Given the fact that today a significant number of unrecognized countries have "proven their viability" and are integrated into the international market, we still consider it appropriate to gradually adopt the effect of private law, even an unrecognized state. National courts, taking into account the specific case and the expediency of applying the private law of an unrecognized state, should apply them if these rules effectively regulate specific private law relations.

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».

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

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