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All Journal Jurnal Media Hukum Pagaruyuang Law Journal
Harahap, Irwan Safaruddin
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif Harahap, Irwan Safaruddin
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0066.37-47

Abstract

A child has the right in the same as like own adult people. There are not many people that have thought to do certain things with Children’s right protection. So there are some efforts to protect children’s right that have been broken by country, adult, their environment, or their parents that did not give much attention to their future. Whereas, child as the soul and the reflection of the future, family asset, religion, and nation. Child get bad experience, like children exploitation, children abusement, being sex toy, child labor, abandoned, become the street children, victims of drug trafficking. Universally, Indonesia in breaking of the children’s right in real or nonreal become a normal and common image as mass media gives news about that. Indonesia as a law nation based on Pancasila must give a law protection to society, because of that the law protection will produce confession and human rights protection in his shape as individual creatures and social creatures in a unitary state that uphold family spirit in order to attain public welfare. Law enforcement to child victims of sexual crime in North Sumatra as conceptually has been located on the harmonizing relations of the values which span the hierarchy activities in good rules and with attitude as series value hierarchy, to build, maintain, and defend the peacefulness social life, conception that has basic philosophy that makes more solid. Construction law to protection children victims of sexual crime in progressive law perspective is an ideology and dedication of the perpetrators of law got the first place to do a dignification.
Reinterpretasi Ketentuan Hukum terhadap Anak Akibat dari Perkawinan Siri di Indonesia Harahap, Irwan Safaruddin
Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v1i2.567

Abstract

This paper attempts to examine the protection of siri married children by focusing on the problem (1) How is the Protection of the Law against the Child from the unregistered marriages? and (2) How is the position of a child born of unregistered marriages to inheritance? The results revealed that (1) Protection of the Law against the Child from the Betel Betrayal The position of the child in Islamic law still obtains the same recognition as the registered marriage. However, in the eyes of state law, in the absence of a marriage certificate of his parents, the child's birth certificate does not contain the name of his biological father and only the name of the mother who gave birth. (2) Position of a child born of unregistered marriages to inheritance. The child is considered as a child outside marriage so that it can not do legal relationship with civil father biologisnya, but with the decision of the Constitutional Court the child has a civil relationship with a biological father and his father's family. Currently in our positive legal system there is a change, both the status of the inheritance rights of the siri daughter, where now the child of the siri marriage can sue for civil rights from his father. Currently the government will issue a birth certificate that records the father's name of the child of the marriage series. The law commands the recognition of a child born of a marriage that is lawful according to religious law, but is not yet lawful by country.
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