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Legal Protection of Children Born From Contract Marriage Lubis, Eliya Nova; Arifin, Muhammad; Erwinsyahbana, T.
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3400

Abstract

Contract marriage is a marriage that is not religiously valid and not recognized under the laws of the State. The phenomenon of contract marriage still often occurs in some areas in Indonesia. Although in contract marriage is not desirable for children, but often occurs children born from the marriage of the contract. Contracted marriage children are not recognized for the validity of their legal status both in the perspective of Islamic jurispruding and in the Marriage Law and also the Compilation of Islamic Law. This research is descriptive of analysis and uses legal research, with a research approach to legal principles. The source of this research data is in the form of secondary data. The procedure of retrieving and collecting data is carried out by means of library research. Data analysis in this study is done through qualitative data analysis. The result of the study is that the legal status of contract marriage in the perspective of Islamic fiqh is invalid, as it has been prohibited by the provisions of the syara'. Contract marital status under Law No. 1 of 1974 is not recognized because it is not in accordance with the principles of marriage law, e.g. marriage in contract marriage is only intended for a while, and contract marriage is not recorded in the state institution authorized for it. That the position of a child born from a contract marriage in the perspective of Islamic fiqh includes a child of adultery, since contract marriage which in the classical fiqh perspective is known as mut'ah marriage has been abolished by the syara's provisions. $According to $Law $No. 1 of $1974, the position of children born from contract marriage is an illegitimate child, because it was born as a result of an unauthorized marriage.
Legal Consequences of the Transfer of Liability Clause in Foreign Exchange Trading Transactions Lubis, Eliya Nova; Perdana, Surya; Wajdi, Farid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4887

Abstract

This paper aims to see the legal consequences of the clause of transfer of responsibility in foreign exchange transactions. Doing a foreign exchange trading business is not an easy matter, it requires special expertise in reading world market conditions. Every actor must have the ability to read foreign exchange charts, accurately and precisely. Understanding world market sentiment can make the right decision to buy and exchange foreign currency. Legal issues arise, in essence, to be able to transact in the field of foreign exchange in this case forex margin trading, customers must go through a futures brokerage company. The company is engaged in the field of forex market commodities. There is a transfer of responsibility to consumers made at the beginning of the agreement by the brokerage company which ends up having to bear all losses in the future. The writing method used in this paper is descriptive, collecting data from literature studies. Based on the results of the analysis, consumers who experience losses are less protected by the regulations that govern them. The concept of this transfer of responsibility is contrary to the principles of freedom of contract, legal protection and justice for investors in foreign exchange trading transactions.