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Suardja, Tatang Odjo
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN ANAK DARI PERKAWINAN SIRI BERDASARKAN PASAL 20 UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Suardja, Tatang Odjo
Yustitia Vol 5 No 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.88

Abstract

With the presence of a child born from a legal marriage (registered marriage) both parents have proven that the child is a legitimate biological child of his father and mother. The legal consequences if the marriage is not registered (commonly known as "perkawinan siri"), the status of children born from the marriage will be uncertain. This is because the marriage of both parents is only religiously valid according to Article 20 Number 35 of 2014 of the constitution regarding the child protection. In this research, the method used is a normative juridical approach with data collection techniques in the study of literature both primary legal materials, secondary legal materials, and tertiary legal materials. This study analyzed and described the protection of children from unregistered marriage (perkawinan siri) according to Article 20 Number 35 of 2014 of the constitution regarding the child protection and the government's role of protection of the children based on the law. The theory of justice contains a demand that people treat each other according to their rights and obligations. The treatment is indiscriminate or favoritism, but rather, all people are treated equally according to their rights and obligations. A person born from a marriage between a woman and a man does not rule out that someone who is born by a woman who has never married is still a child.
PERJANJIAN PINJAM MEMINJAM FINTECH DIHUBUNGKAN KATA SEPAKAT PARA PIHAK SESUAI KETENTUAN PASAL 1320 KUHPERDATA DAN UNDANG UNDANG ITE Suardja, Tatang Odjo; Wulandani
Yustitia Vol. 6 No. 2 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i2.115

Abstract

Nowdays in the era of technology, electronic financial credit through the Financial Technology company Peer 2 Peer (P2P) Lending has become an alternative to lending funds quickly. Although it provides convenience, online loans also have many problems and risks to the public or prospective borrowers who make loan transactions. The fast rate of development is not accompanied by good socialization and understanding so that the impact will only be felt when there are many post-transaction problems. In this study, the method used in this case is the Normative Juridical approach method with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies as a complement. From the legal research that has been done, it can be concluded that the form of agreement that occurs between the parties is when the lender and the loan recipient agree or agree to the terms and conditions provided by the organizing platform which is followed by a statement of will. The statement of intention is carried out by pressing the agreement button (click agreement) in the form of clicking a tick on the platform. In the event of default due to default of debtor, the debtor will still receive protection for his / her rights. The lender can make efforts to obtain his rights as a creditor represented by the organizer in his dealings with the loan recipient. Dispute resolution can be done through non-litigation or litigation as agreed.
PERLINDUNGAN ANAK DARI PERKAWINAN SIRI BERDASARKAN PASAL 20 UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK Suardja, Tatang Odjo
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.88

Abstract

With the presence of a child born from a legal marriage (registered marriage) both parents have proven that the child is a legitimate biological child of his father and mother. The legal consequences if the marriage is not registered (commonly known as "perkawinan siri"), the status of children born from the marriage will be uncertain. This is because the marriage of both parents is only religiously valid according to Article 20 Number 35 of 2014 of the constitution regarding the child protection. In this research, the method used is a normative juridical approach with data collection techniques in the study of literature both primary legal materials, secondary legal materials, and tertiary legal materials. This study analyzed and described the protection of children from unregistered marriage (perkawinan siri) according to Article 20 Number 35 of 2014 of the constitution regarding the child protection and the government's role of protection of the children based on the law. The theory of justice contains a demand that people treat each other according to their rights and obligations. The treatment is indiscriminate or favoritism, but rather, all people are treated equally according to their rights and obligations. A person born from a marriage between a woman and a man does not rule out that someone who is born by a woman who has never married is still a child.
Co-Authors Wulandani