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All Journal Indonesian Journal of Advocacy and Legal Services The Indonesian Journal of International Clinical Legal Education Indonesian Journal of Advocacy and Legal Services
Lestari, Maryana
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Marriage Cancelled, What about the Rights for Children? Lestari, Maryana; Adiyatma, Septhian Eka
The Indonesian Journal of International Clinical Legal Education Vol 2 No 2 (2020): Indonesian J. Int'l Clinical Leg. Educ. (June, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.217 KB) | DOI: 10.15294/ijicle.v2i2.38172

Abstract

Marriage regulations have been regulated in detail through Law No. 16 of 2019 which is a renewal of Law No. 1 of 1974 regarding marriages in several articles changed and followed by other supporting rules. In the State of Indonesia the marriage system adheres to the concept of absolute monogamy, only for the marriage of one husband and one wife. As a result of cultural and religious uniformity, there is a difference in the application of law in Indonesia, the application of national law that applies the concept of absolute monogamy is the implementation of Christian religion. Islam also contributes to the organization of marriages by regulating marriages in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI), this illustrates that the contribution of Islam is recognized by the state. Knowing the word polygamy is only recognized through the rules contained in Islam, but the requirements for polygamy are permitted in Indonesia only to husbands. Opponents of a polygamy marriage are polyandri marriages, the difference is seen from the side of the husband or wife who has more than 1 partner. Although it is permissible under the applicable law all the requirements required by the state must be fulfilled as a whole, some of these requirements include obtaining permission from a legal wife or prospective wife to be combined, a statement of being able to be fair, as well as other accessible requirements in the competent authority.
Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption Lestari, Maryana; Adiyatma, Septhian Eka
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38171

Abstract

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society are legal countries. This research aims to analyze the discourse of class action lawsuit practices in Indonesian with comparing civil law system. The research also intended to illuminate the development civil law system practices in the context of class action practices. The research is doctrinal research with normative legal research. The research compared some legal theories concerning to class actions lawsuit in civil law system. The research highlighted and emphasized that the actions and deeds are led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovation that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. The research concluded that the class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law systems like Indonesia participate adopt this legal order.
Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption Lestari, Maryana; Adiyatma, Septhian Eka
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38171

Abstract

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society are legal countries. This research aims to analyze the discourse of class action lawsuit practices in Indonesian with comparing civil law system. The research also intended to illuminate the development civil law system practices in the context of class action practices. The research is doctrinal research with normative legal research. The research compared some legal theories concerning to class actions lawsuit in civil law system. The research highlighted and emphasized that the actions and deeds are led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovation that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. The research concluded that the class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law systems like Indonesia participate adopt this legal order.
Marriage Cancelled, What about the Rights for Children? Lestari, Maryana; Adiyatma, Septhian Eka
The Indonesian Journal of International Clinical Legal Education Vol 2 No 2 (2020): Indonesian J. Int'l Clinical Leg. Educ. (June, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i2.38172

Abstract

Marriage regulations have been regulated in detail through Law No. 16 of 2019 which is a renewal of Law No. 1 of 1974 regarding marriages in several articles changed and followed by other supporting rules. In the State of Indonesia the marriage system adheres to the concept of absolute monogamy, only for the marriage of one husband and one wife. As a result of cultural and religious uniformity, there is a difference in the application of law in Indonesia, the application of national law that applies the concept of absolute monogamy is the implementation of Christian religion. Islam also contributes to the organization of marriages by regulating marriages in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI), this illustrates that the contribution of Islam is recognized by the state. Knowing the word polygamy is only recognized through the rules contained in Islam, but the requirements for polygamy are permitted in Indonesia only to husbands. Opponents of a polygamy marriage are polyandri marriages, the difference is seen from the side of the husband or wife who has more than 1 partner. Although it is permissible under the applicable law all the requirements required by the state must be fulfilled as a whole, some of these requirements include obtaining permission from a legal wife or prospective wife to be combined, a statement of being able to be fair, as well as other accessible requirements in the competent authority.
Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption Lestari, Maryana; Adiyatma, Septhian Eka
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23019

Abstract

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society are legal countries. This research aims to analyze the discourse of class action lawsuit practices in Indonesian with comparing civil law system. The research also intended to illuminate the development civil law system practices in the context of class action practices. The research is doctrinal research with normative legal research. The research compared some legal theories concerning to class actions lawsuit in civil law system. The research highlighted and emphasized that the actions and deeds are led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovation that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. The research concluded that the class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law systems like Indonesia participate adopt this legal order.
Co-Authors Adiyatma, Septhian Eka