scholarly journals Distinguishing: Appointment, Recognition of Children and Ratification of Children Based on Law Number 23 of 2006 concerning Population Administration

2021 ◽  
Vol 3 (2) ◽  
pp. 313-320
Author(s):  
Habib Adjie
Keyword(s):  
Administrative Law ◽  
Adoptive Parents ◽  
Biological Father ◽  
Birth Mother ◽  
Rights Of The Child ◽  
Biological Mother ◽  
The Status ◽  
Child Adoption ◽  
Article 50 ◽  
Legal Consequences

Article 4 7(1) of Law No 23 of 2006 on the Administration of the Population (Adminduk) provides that the adoption of children is a legal act to transfer the rights of the child from the families of parents, legal guardians and others responsible for the care, education and bringing of children into the families of their adoptive parents by decision of the Court Basing this child acceptance on the concept or limitation of child adoption is a legal act with certain law-controlled goals and aims and inevitable legal consequences, such as the bodily and psychological responsibility of the child he or she accepts. Kid Recognition is a father's recognition of his kid born from lawful marriage with the agreement of the biological mother of the child. Kid acknowledgment is meant to provide the child a biological father/father, as well as legal civil ties. The provisions mentioned in the Elucidation of Article 49(1) of the Adminduk Law are acknowledgments that can only be made by the father/father, in this case there is no mother's acknowledgement; in other words, it is not automatically necessary to prove that the child was not born by the mother concerned. Elucidating Article 50(1) of the Child Legalization Administration Law is the ratification of the status of a child born outside the legal marital bond while registering the marriage of the child's two parents. Article 50(1) of the Administrative Law requires parents to notify the child's ratification to the Implementing Agency no later than 30 (thirty) days after the child's father and mother marry and acquire a marriage certificate. Child Recognition or Child Ratification can be performed for children born outside formal marriage. If the child's acknowledgement is restricted to a disclosure from his biological father, accepted by his birth mother, without being followed by the parents' marriage, yet in the Child Legalization, the child's mother and father are married. When documenting the wedding, the youngster is recognized as their biological kid. And this kid's ratification is a legal endeavor (rechtsmiddel) to offer a position as a legitimate kid through marriage by his parents.

scholarly journals Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

2020 ◽  
Vol 2 (2) ◽  
pp. 106-117
Author(s):  
Siti Rabiah Rumadaul
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Islamic Law ◽  
Biological Father ◽  
Positive Law ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
The Government ◽  
Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

scholarly journals Nature and Nurture in the Intergenerational Transmission of Socioeconomic Status: Evidence from Swedish Children and Their Biological and Rearing Parents

2007 ◽  
Vol 7 (2) ◽  
Author(s):  
Anders Björklund ◽  
Markus Jäntti ◽  
Gary Solon
Keyword(s):  
Socioeconomic Status ◽  
Intergenerational Transmission ◽  
Additive Model ◽  
Adoptive Parents ◽  
Biological Father ◽  
Data Set ◽  
Remarkable Feature ◽  
Socioeconomic Outcomes ◽  
Biological Mother ◽  
Biological Parents

Abstract This study uses an extraordinary Swedish data set to explore the sources of the intergenerational transmission of socioeconomic status. Merging data from administrative sources and censuses, we investigate the association between sons' and daughters' socioeconomic outcomes and those of their biological and rearing parents. Our analysis focuses on children raised in six different family circumstances: raised by both biological parents, raised by the biological mother without a stepfather, raised by the biological mother with a stepfather, raised by the biological father without a stepmother, raised by the biological father with a stepmother, and raised by two adoptive parents. Relative to the existing literature, the most remarkable feature of our data set is that it contains information on the biological parents even when they are not the rearing parents. We specify a simple additive model of pre-birth (including genetic) and post-birth influences and examine the model's ability to provide a unified account of the intergenerational associations in all six family types. Our results suggest substantial roles for both pre-birth and post-birth factors.

scholarly journals Dasar Pertimbangan Hakim Menetapkan Hak Asuh Anak Kepada Suami Selaku Pemohon pada Pengadilan Agama Jambi

2021 ◽  
Vol 21 (3) ◽  
pp. 1299
Author(s):  
Maryati Maryati
Keyword(s):  
Child Custody ◽  
Research Method ◽  
Biological Father ◽  
Biological Mother ◽  
Control And Management ◽  
Case Number ◽  
Legal Consequences

Husband or wife are parents who have the same right and obligation to take care of their children, but because of a divorce, the control and management of the children cannot be done together, resulting in a dispute between the two parents. On the basis of this, the child will bear the consequences of the divorce carried out by both parents. The purposes of this study are: a) To find out and analyze what is the basis for the judge's consideration in determining child custody given to the husband as the applicant at the Jambi Religious Court and b) To find out and analyze the legal consequences of child custody given to the husband as the applicant. The research method used in this paper is an empirical juridical approach. The conclusion of this study is that in case Number 122/Pdt.G/2019/PA. The consideration of the Panel of Judges in determining the custody of a child who has not yet reached the age of 12 years to his biological father psychologically is for the sake of realizing the problems and interests of the child himself, because if the child is assigned to his biological mother, which is based on the facts at trial the biological mother does not have the skills and the ability to meet the interests of the child normally.

scholarly journals Pelaksanaan Penerbitan Catatan Pinggir Pada Akta Kelahiran Sebagai Akibat Pengangkatan Anak dan Akibat Hukumnya

2014 ◽  
Vol 9 (2) ◽  
pp. 243
Author(s):  
Prabowo Setyo Aji
Keyword(s):  
Birth Certificate ◽  
Adoptive Parents ◽  
District Court ◽  
Adopted Children ◽  
Adopted Child ◽  
Civil Registration ◽  
Child Adoption ◽  
The Right ◽  
Legal Consequences

<p>Seiring dengan perkembangan zaman, pengangkatan anak menjadi suatu kebutuhan dalam masyarakat. Khususnya bagi pasangan suami istri yang belum dikaruniai anak. Selain itu faktor ekonomi dan faktor kepercayaan lainnya juga menjadi penyebab dilakukannya pengangkatan anak. Penelitian ini bertujuan untuk menganalisis faktor-faktor apa saja yang mempengaruhi seseorang atau keluarga dalam melakukan pengangkatan anak di Kabupaten Pemalang yang terjadi selama tahun 2012, bagaimana prosedur serta pelaksanaan penerbitan catatan pinggir pada akta kelahiran terhadap pengangkatan anak dan apa akibat hukum yang ditimbulkan bagi orang tua maupun anak angkat pasca penerbitan catatan pinggir pada akta kelahiran terhadap pengangkatan anak. Jenis penelitian yang di gunakan adalah yuridis sosiologis. Hasil penelitian ini menunjukkan bahwa faktor pendorong yang sering melatarbelakangi masyarakat dalam melakukan pengangkatan anak adalah untuk meneruskan keturunan. Pelaksanaan pengangkatan anak di Kabupaten Pemalang berdasarkan perundang-undangan dimulai dari Dinas Sosial setempat, kemudian tahap selanjutnya yaitu mengajukan permohonan penetapan pengangkatan anak kepada Pengadilan Negeri maupun Pengadilan Agama. Setelah penetapan pengangkatan anak dikabulkan kemudian pemohon segera melaporkan kepada Dinas Kependudukan dan Pencatatan Sipil untuk dibuat catatan pinggir pada akta kelahiran anak yang diangkat sebagai wujud pencatatan peristiwa penting pada administrasi kependudukan. Akibat hukum yang timbul dari peristiwa pengangkatan anak yakni beralihnya hak dan kewajiban orang tua kandung kepada orang tua angkat terhadap anak yang diangkat. Jika penetapan pengangkatan anak dikabulkan oleh Pengadilan Negeri, maka anak angkat tersebut mendapatkan hak sebagaimana ia anak kandung, namun jika penetapan pengangkatan anak dikabulkan oleh Pengadilan Agama, maka anak angkat tersebut hanya memiliki hak berupa wasiat wajibah.</p><p><br /><em>Along with the times, adoption becomes a necessity in society, especially for couples who have not been blessed with children. In addition to economic factors and other trust factors also cause does adoption. This study aimed to analyze the factors that influence a person or family in doing adoptions in Pemalang, Central Java that occurred during the year 2012, what is the procedure and implementation of the issuance of the marginal note on the birth certificate of the child adoption and what legal consequences arising for parents and adopted children after publishing a sidenote on the birth certificate of the child adoption. This type of research that is in use is the socio-juridical . The results of this study indicate that the drivers are often behind the adoption community in doing is to continue the descent. Implementation of adoption in Pemalang based legislation starts from the local Social Service. The next step is to apply for the determination of adoption to the District Court and Religious Court. After determination of adoption is granted then the applicant immediately report to the Department of Population and Civil Registration to be made marginal notes on the adopted child’s birth certificate as a form of recording important events in the population administration. Legal consequences arising from the transfer of the events of adoption rights and obligations of the biological parents to the adoptive parents of the adopted child. If the determination of adoption is granted by the District Court, the adopted child is getting the right as he is the biological child, but if the determination of adoption is granted by the Religious Courts, the adopted child only has the right form was borrowed.</em></p>

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

The Case for Mom and Dad

2021 ◽  
Vol 88 (2) ◽  
pp. 184-201
Author(s):  
D. Paul Sullins
Keyword(s):  
Developmental Outcomes ◽  
Well Being ◽  
Biological Father ◽  
Child Emotional Problems ◽  
Child Distress ◽  
Biological Mother ◽  
Biological Parents ◽  
Extensive Body ◽  
Traditional Natural ◽  
Health And Academic Achievement

Is the system of norms comprising traditional, natural marriage—featuring formally enacted, irrevocable, exclusive man/woman sexual union preceded by chastity—essential for children’s development and well-being, as Catholic teaching asserts? Review of an extensive body of diverse research finds that, compared to children continuously living with two parents, married parents, or their own biological parents, children in other family arrangements consistently experience lower emotional well-being, physical health, and academic achievement. Competing research has variously attributed this difference to a lack of married parents, two parents, complementary man/woman parents, or family stability, but these possibilities have not previously been studied in combination. To address this question, family structure differences and determinants of child well-being (reverse coded to show child distress) were examined using the 2008–2018 National Health Interview Surveys ( n = 82,635). Adjusted odds ratios (AOR) for child emotional problems were higher with less than two parents (AOR = 1.42, 95% CI 1.27–1.56), unmarried parents (1.46, 95% CI 1.31–1.61), unstable parents (1.55, 95% CI 1.27–1.76), or less than two biological parents (AOR = 1.70, 95% CI 1.55–2.87 for one biological parent; 4.77, 95% CI 3.95–5.77 for no biological parents). When combined in the same model, only the lack of joint biological parentage accounted for higher distress, with outcomes significantly worse without the biological father than without the biological mother (interaction AOR = 1.33, 95% CI 1.04–1.71). This evidence strongly supports the claim that maximum child development occurs only in the persistent care of both of the child’s own biological parents. Marriage benefits children primarily by ensuring such care. Implications are discussed. Summary: Children raised apart from the care of both natural parents consistently experience lower developmental outcomes. Traditional, religious marriage norms—a lifelong, exclusive sexual union between man and woman—benefit children by establishing strong conditions that promote such care. More than any other family arrangement, marriage assures to children the care of their own mom and dad.

scholarly journals ANALISIS YURIDIS HAK EIGENDOM VERPONDING SEBAGAI JAMINAN KEBENDAAN

2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Status Quo ◽  
Legal Certainty ◽  
Proof Of Ownership ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

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