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Diva Pitaloka
Faculty of Law, Universitas Mataram
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Position Of Children In The Distribution Of Inheritance From Incestual Marriage According To Islamic And Civil Law Diva Pitaloka; Muhammad Havez; Joko Jumadi; Ria Wierma Putri
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9874

Abstract

Marriage is a sacred process with several legal requirements that must be obeyed when one of the conditions for the validity of a marriage is not fulfilled. Furthermore, if things contained in the prohibition of marriage, such as committing inbreeding or incest, then the marriage is considered invalid or can even be canceled by law. When a marriage is considered invalid or even annulled by law, it will have legal consequences for the position of children born from the marriage, including the position of children in inheritance. This research uses a normative legal approach method that uses doctrines and principles of law as a reference and uses primary and tertiary legal materials. From this research, it can be concluded that inbreeding or incest is considered invalid in Indonesia, so it results in the position that children born from incest relationships are illegitimate children and are also referred to as adulterous children or discordant children (civil code). In terms of inheritance, children of incest have no inheritance at all. Both Islamic and Civil Law state that children of incest only have relation to their biological mother and mother's family, while to their biological father, there are no relations at all because they have no obligation to inherit each other and only have a right to demand the necessary maintenance from their biological father asset’s
Binding Force of International Agreements: Perspectives of International Law and National Law Diva Pitaloka; Yunita Maya Putri; Adrienn Becánics; Ninin Ernawati
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10566

Abstract

International treaties are one of the main sources of international law that have binding power for the parties that agree to them. In the context of relations between countries, international treaties are an important instrument in regulating various common interests, ranging from trade issues, the environment, to human rights. This article examines the binding power of an international treaty from two perspectives: international law and national law. From an international law perspective, a treaty becomes binding after being ratified by the parties according to the principle of pacta sunt servanda stipulated in the 1969 Vienna Convention on the Law of Treaties. Meanwhile, from a national law perspective, the recognition and application of international treaties depend on the domestic legal system of each country, whether it adheres to the principle of monism or dualism. This study also highlights the challenges of implementing international treaties in Indonesia, including the ratification mechanism and the role of legislative institutions. Through a normative approach and case studies, this article aims to provide a comprehensive understanding of the dynamics of the binding power of international treaties within the framework of global and national law.
Co-Authors Adrienn Becánics Joko Jumadi Muhammad Havez Ninin Ernawati Ria Wierma Putri Yunita Maya Putri