Politik Hukum Putusan MK Nomor 36/PUU-X/2012 dalam Upaya Mengembalikan Kedaulatan Negara dan Perlindungan HAM

Asnawi, Habib Shulton

doi:10.31078/jk1324

Cited by 4 publications

(3 citation statements)

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“…In addition, the absence of authentic evidence of parental marriage makes it difficult for them to take care of the Child's Birth Certificate, obtain access to education, health services, social assistance, and several other public services. 50 In addition, children will also experience a psychological burden because they are considered illegitimate children or children of adultery, often bearing unfair treatment and bad stigma in society. The absence of authentic evidence of marriage registration also causes marriages to be prone to divorce and infidelity.…”

Section: Obstacles Of Marriage Registration For the Followers Of Sapt...mentioning

confidence: 99%

The Existence and Constraint of Marriage Registration for the Followers of Sapta Darma Belief in East Lampung

Asnawi

Setiawan

Iwannudin

2021

AJISH

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Indonesia has provided the institution in charge of marriage registration. However, the registration process does not always run effectively for a particular community. This article aims to shed light on the existence and obstacle of marriage registration faced by the followers of Sapta Darma belief in East Lampung. Data were collected through observation, documentation, and interview. Using a socio-legal lens, this article identifies consecutive facts impeding followers of the Sapta Darma belief in East Lampung from obtaining the legality for their marriages through state institutions. The organization of Sapta Darma believers has no internal institution which especially in charge of registering their marriage. They seem trapped and face a disproportionately negative stigma. Many of them do not have identity cards (KTP) as the basic requirement for the registration of their marriages. However, they continue to believe that their marriages are valid according to their faith and do not violate state law.

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Section: Obstacles Of Marriage Registration For the Followers Of Sapt...mentioning

confidence: 99%

The Existence and Constraint of Marriage Registration for the Followers of Sapta Darma Belief in East Lampung

Asnawi

Setiawan

Iwannudin

2021

AJISH

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“…This is reinforced by Article 12 paragraph (1) of the Convention on Economic, Social and Cultural Rights (ICESCR) on the right to health. As it is known that ICESCR has been ratified by Indonesia through Act Number 11 the Year 2005 [13].…”

Section: The Practices Of the International Treaties In The Indonesiamentioning

confidence: 99%

The Status of International Treaties in the Indonesian National Law

Farida¹,

Prabandari²

2019

Proceedings of the the First International Conference on Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Banda

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The intensity of the relations between States is increasing nowadays. This relationship is marked by the many agreements made by States and States, as well as between States and non-States institutions, set out in the international treaties. Indonesia's practices and status of international treaties in the Indonesian law are analyzed based on normative juridical approach. The technique is by performing historical searches on the practices and applications of international treaties in Indonesia. In relation to the enactment of international treaties in Indonesian national law, Indonesia made a separation (based on

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“…A valid child, as defined in Article 42 of the Marriage Law, is one born during or as a result of a legitimate marriage, whereas a legitimate marriage, as defined in Article 1 paragraph (2) of the 1974 Marriage Law, is one conducted in accordance with the laws of their respective religions and beliefs. A legitimate child, as defined in the two preceding sections, is a kid born in a valid marriage according to the husband and wife's religion and beliefs, or a child born as a consequence of marriage according to the husband and wife's religion and beliefs [4] [5].…”

Section: Introductionmentioning

confidence: 99%

Decision of Constitutional Court on the Rights of the Child Out of Wedlock

Kusumo¹,

Jaelani²,

Kusumastuti³

2021

Advances in Social Science, Education and Humanities Research

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The status of children in Indonesia has been regulated in various laws and regulations. In marriage law, it is defined that a legitimate child is a child born from or in a legal marriage. However, after the issuance of the Constitutional Court's decision on the status of children out of wedlock, a debate arose among legal academics and practitioners of Islamic law in Indonesia. This debate is quite challenging and does not clear up the problem. This article aims to discuss the status of children out of wedlock after the issuance of the Constitutional Court. This article is a literature study, and the data were collected by investigating regulations and decisions regarding the status of children. This article argues that the constitutional court's decision establishes a new norm, which revises the rule of article 43 in the marriage law. According to the constitutional court's decision, children born out of wedlock have a civil relationship not only from the mother's line but also from the father's line on the condition that they can be proven biologically and scientifically.

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Politik Hukum Putusan MK Nomor 36/PUU-X/2012 dalam Upaya Mengembalikan Kedaulatan Negara dan Perlindungan HAM

Cited by 4 publications

References 0 publications

The Existence and Constraint of Marriage Registration for the Followers of Sapta Darma Belief in East Lampung

The Existence and Constraint of Marriage Registration for the Followers of Sapta Darma Belief in East Lampung

The Status of International Treaties in the Indonesian National Law

Decision of Constitutional Court on the Rights of the Child Out of Wedlock

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