Safitri, Gusti Heliana
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Journal : LEGALITAS

KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DI BAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safitri, Gusti Heliana; farizha, Nadia
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 4, No 1 (2019): LEGALITAS
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (92.176 KB) | DOI: 10.31293/lg.v4i1.4420

Abstract

The problem in this study is the position of children born from marriageunder the hands and how the rights of children to inheritance frommarriage under the hands based on Law Number 1 of 1974 concerningMarriage. Underhand marriage is still happening in Indonesian society.Submarine marriage is a marriage that does not register the marriage tothe authorized institution, namely the Office of Religious Affairs forMuslims and the Civil Registry for non-Muslims. In Article 2 paragraph(2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if itis carried out according to the laws of each religion and its beliefs.However, the validity of marriage in the eyes of religion and public trustneeds to be ratified by the state in order to have legal force.The consequences of marriage under the hands are very bad forthe wife and for children born both legally, socially and psychologically.Other problems that can be caused from marriage under the hands are therights and obligations of husband and wife who are not guaranteed in fullfrom the State. The provisions in Article 42 paragraph (1) of Law Number1 Year 1974 concerning Marriage state that a legitimate child is a childborn from or as a result of a legal marriage. So it can be concluded thatchildren born from underage marriages are illegitimate children or out ofwedlock children. From the results of the research discussion it is knownthat Based on the Decision of the Constitutional Court Number 46 / PUUVIII/ 2010 Testing of Law Number 1 of 1974 concerning Marriage to theState Constitution of the Republic of Indonesia Year 194. It is said thatchildren born outside marriage have a civil relationship with his motherand his mother's family and with his man as his father that can be provenbased on science and technology and / or other evidence so according tothe law he has a blood relationship, including a civil relationship with hisfather's family
PERANAN UNDANG-UNDANG PEMBERANTASAN KORUPSI TERHADAP SAKSI (KASUS RUMAH POTONG HEWAN PEMERINTAH KOTA BALIKPAPAN) Safitri, Gusti Heliana
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 3, No 2 (2018)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (44.255 KB) | DOI: 10.31293/lg.v3i2.4093

Abstract

The aim of this research is to know the corruption in Balikpapan City onthe building of the Rumah Potong Unggas (Chicken Cutting Place). Theresearch method is library one. The data and analysis are taken from thelocal daily news paper. The location of the research is in Balikpapanduring 6 (six) months in 2018/2019. The results of it are (1) Thecorruption strongly happened on the building of RPU Rumah PotongUnggas (Chicken Cutting Place) in Balikpapan; (2) The corruption actionis held by many people; (3) The people involved are from executive andlegislative as well as non-state officers or some member of societyincluding the corporations; (4) The corruption deed is concerning “markup”of the budget. The suggestions are : (1) This action crime has to besolved stricktly; (2) The money corrupted has to be repayed; (3) The lawenforcement has to be executed.