Law Review Volume XIII, Nomor 1, Juli 2013 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Volume XIII, Nomor 1, Juli 2013
|
|---|---|
| Penerbit | Universitas Pelita Harapan : jakarta., 2013 |
| ISSN |
1412-2561
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Pencatatan Kelahiran Melewati Batas Waktu: Pra dan Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XI/2013 | One of the important occurrences in Indonesias demography is birth. Law No. 23 of 2006 concerning Demographic Administration requires reporting of births to be made no later than 60 (sixty) days from the date of delivery, with a concessionary period of up to 1 (one) year upon approval of the head of the relevant local implementing institution. Reporting after the one year period is governed by different rules in legislation. The reporting rules have been effectively revoked in 2012 by the Indonesian Constitutional Court. This article discusses the consequences of birth reporting before and after Constitutional Court No. 18/PUU-XI/2013 using normative research methods. | 1-22 |
| Hak Mewaris Anak Angkat Terhadap Harta Orang Tua Angkat dan Kandung Menurut Hukum Perdata | This paper explores the rights of the adopted child arising from the legal relationship created between the former and his or her adoptive parents. The existing law in Indonesia in this regard creates a legal fiction where the act of adoption or raising a child (adoption) which involves the taking another persons child into the adoptive family so much so that the adopted child is admitted into the unit and then attains a legal status equivalent to those of the biological children with appurtenant rights including use of the surname of adoptive parents, exclusion of parental authority of the biological parents, and inheritance. The implications of the bestowing of equivalent status and rights as those of biological children are likewise discussed in this paper. | 23-46 |
| Dampak Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 Terhadap Hak Waris Anak Perkawinan Siri | Children of siri marriages are deemed at a disadvantage under the Marriage Act, Law No. 1 Year 1974, as they are regarded as illegitimate under state law. As a legal consequence, siri children do not derive civil rights, particularly inheritance, from their father and the fathers family. This 2012 ruling of the Constitutional Court granting judicial review of Article 43 paragraph (1) of the Marriage Act has effectively amended the said law. Siri children, including those born from mutah marriages, common law unions and adulterous relationships, are now given equal rights accorded to legitimate children if blood ties with the father is proven or established by science and technology and / or other evidence under the law. This paper discusses the implications of this ruling on the civil rights of illegitimate children flowing from their paternal relationship with their biological fathers. | 47-68 |
| Hak Waris Anak Luar Kawin Menurut Hukum Perdata, Hukum Islam dan Hukum Adat | In Indonesian society, a lot of 2 children are born outside marriage. Basically the child has no relation with his father, thus in this case inheritance law is not applicable between them according to the Civil Code, the Islamic Law compilation (Kompilasi Hukum Islam) and the Customary Law. His rights under the Civil Code will arise after the acknowledgment of his father or mother, while with the father and mothers family after the official statement. Based on the Islamic Law compilation, an illegitimate child is entitled to inheritance rights from his mother and his mothers family and vice versa. Meanwhile, since no relation with his biological father exists, no inheritance rights arise. According to the concept of customary law, an illegitimate children has a civil relationship only with his mother, the refore an illegitimate child will only acquire inheritance from his mother and his mothers family. The child will not be entitled to for the inheritance from his father because there is no civil relationship with his father. | 69-94 |
| Pemikiran Hukum Kewarisan Islam di Indonesia Tentang Bagian Perolehan Ahli Waris Pengganti | Legal pluralisme has shaped the different inheritance regimes in Indonesia. Islamic Inheritance Law in particular is founded on the principle of ljbari, fullcompliance and conformity with Gods laws as set forth in the Ouran. In terms of extended family relations, as the Quran does not have specific rules in this regard, there are legal opportunities for flexibility in implementation, allowing the mujtahid to do ijtihad according to the unique situations and conditions of their people. This paper discusses the dynamics and development of Islamic inheritance Laws in Indonesia using legal historical analysis and attempts to draw interconnections between different ideas and understandings of the people to show the dynamics of Islamic inheritance laws in the different regions. Preliminary conclusions indicate that legal pluralisme can be applied in the field of Islamic inheritance laws that have the basic characteristics of the ijbari but open to ijtihad in the territories which have a propensity to apply strictly the provisions in the Quran. | 95-114 |
| Pencabutan Paspor WNI Pelaku Tidak Pidana yang Melarikan Diri Keluar Negeri | The revocation of the Republic of Indonesia passport according to Article 31 of Law Number 6 of 2011 on Immigration is an effort by the government to limit the maneuverability of Indonesian convicts, suspects and criminal offenders who are at risk of fleeing the country while their crimes are still on-going judicial process or while executing their sentences. The revocation of passports issued by the state from their holders is often interpreted as the automatic loss of citizenship for the passport holder. The confronting issue of the Indonesian governments policy through the Law Number 6 of 2011 on Immigrations is when the revocation of a Republic of Indonesia passport occurs to a holder of Indonesian citizenship who hascommitted a crime and fled the country. The arising question is "has this provision been implemented effectively to prevent flight or limit maneuverability abroad to force runaways to return to Indonesia?" | 115-136 |
| Hegemoni Hak Cipta Dalam Industri Multimedia | There is an interesting link between the conception of copyright protection che multimedia industry. The Copyright Law direction in identifying who d she s chors are as well as defining the Copyright ownership and the process of creation, including the legal status of elements used in the process. In its normal practice, the basis of determining the status of a creator and copyright ownership of multimedia works is commonly based on the scheme of creation made on the basis of orders. From the copyright perspectives, advertising and other multimedia works will only be protected if they are ariginal, which stem from the authors. To multimedia works, the Copyright Law prevents the occurence of modification, distortion, and mutilation; hile to adaptation works, the law demands authors intellectual honesty as a basis of recognition and protection of their rights. Unfortunately, the Copyright Law has not so far played its role as an engine of creativity for ultimediacommunity. Instead, the law is often regarded as an obstacle in creativity and the exploration of creation. For that reason, the law needs to be disseminated in order to play more intensive role as a driving force of creativity and a buffer to pillars of the creative multimedia industry in line with efforts to boost economic growth and public welfare. | 137-164 |
| Under God and the Law': Natural-Law Foundations of the English Common Law | Hukum Inggris kaya akan warisan Kristiani. Ahli-ahli hukum Inggris yang paling terkenal -termasuk Blackstone, Coke dan Forteschue- sering menjadikan iman Kristiani sebagai dasar ketika memperluas dan mengembangkan prinsip-prinsip dan doktrin-doktrin sistem hukum common law kita kenal sampai saat ini. Secara historis, sistem hukum common yang law telah dikembangkan dengan referensi khusus pada tradisi Kristiani dari hukum alam. Tulisan ini akan mendemonstrasikan bagaimana hukum Inggris sangat terinspirasi dan dikembangkan berdasarkan prinsip-prinsip Kristiani dari teori Hukum Alam, dan bagaimana prinsip-prinsip ini masih berlaku bagi penafsiran sistem hukum common law bahkan sampai hari ini. | 165-184 |