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Mulati .
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ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN). Rhenal Cokronegoro; Mulati .
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2929

Abstract

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.
ANALISIS TERHADAP PENETAPAN PENGADILAN AGAMA JAKARTA BARAT NO. 28/PDT.P/2017/PA.JB DALAM PENETAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PERKAWINAN ANAK ANTARA MUHAMAD LUKMAN DAN LINA YULIANTI) Sabrina Agatha Faustina; Mulati .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2156

Abstract

The aim of a marriage according to the Law Number 1 year 1974 is an effort to build a happy and everlasting family based upon the Divinity of Almighty God. The law Number 1 year 1974 contains a principle which explains that both candidates for husband and wife should have already mature in physical and biological, in order to have a good and everlasting marriage without end up in divorce and to obtain a good and healthy offspring thereof. Paragraph 7 Article 1 of the law Number 1 year 1974 stipulated that a man had a right to get marriage if he has been 19 year old and for woman if she has been 16 year old. Even though this time limit of the age herein had been stipulated briefly and clearly, but in the fact it happen frequently that there are still many underage marriage to take place. The court could give a permit to get married and a marriage age dispensation herein through a court decision if he/she had fulfilled a prerequisite procedure and requirement as well. In this point, judge is the main determinant in giving the dispensations.
ANALISIS TERHADAP PERATURAN PEMERINTAH NO 54 TAHUN 2007 TENTANG PELAKSANAAN PENGANGKATAN ANAK DITINJAUDARI PRINSIP NON DISKRIMINASI DALAM KONVENSI HAK ANAK (CONTOH KASUS POLWAN GAGAL ADOPSI ANAK KARENA TERHALANG PERATURAN PEMERINTAH) Stanley Noer H; Mulati .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.192 KB) | DOI: 10.24912/adigama.v1i1.2147

Abstract

Child is a gift from God Almighty, who inherent in dignity and dignity as a whole person. Children also have human rights recognized by the nation-states in the world. Children's rights are marked by the guarantee of protection and fulfillment of the Rights of the Child in the 1945 Constitution of the State of the Republic of Indonesia and several provisions of laws and regulations both national and international. This guarantee is upheld through the ratification of the International Convention on the Rights of the Child, namely the ratification of the Convention on the Rights of the Child through Presidential Decree No. 36/1990 on the Ratification of Convention On The Rights Of The Child. In the case that the authors found that there was an adoption of a child who could not be made due to Government Regulation No. 54 of 2007 article 3, paragraph 2 stating that in the case of the origin of the child is unknown, the child's religion is in accordance with the religion of the majority of the local population. With this case, according to the author means there has been discrimination against prospective parents who have good intentions to appoint children because of the constraints of religious differences between parents and prospective children. Whereas in the course of the child is also possible to choose a different religion with the parents' religion. Directly this Government Regulation is contrary to the principle of Non-Discrimination adopted by the Convention on the Rights of the Child
ASPEK HUKUM TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN ANAK TERLANTAR DITINJAU DARI PASAL 34 AYAT 1 UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Anna Syahra; Mulati .
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.667 KB) | DOI: 10.24912/adigama.v1i1.2138

Abstract

Children is a gift from god that we need to keep, protect and take care of, as good as we can. It was the philosophy which created the idea of the Nation has responsibilities to take care of the waifs. Constitution of Indonesia has been adopted the idea then mandating our nation to take care the destitude and the waifs. The idea itself has been created in the form of regulation in Indonesia, therefore, Indonesia that represented by the government liable to protect and take care of the waifs. In the other hand, the waifs in Indonesia still shown the big number of quantity, it means, there is a problem in the system of handling the waifs that used by the government to fulfill the rights of the waifs. As a regulation mandates the government to fulfill the rights of the waifs and also protect and take care of the waifs, the government faced the obstacle. The obstacle has raised from many factor, such as regulation, the integration between institution related to the waifs, the funds, and the involvement of the public are not used by the government. The obstacle itself cause the government can not perform the obligation to fulfill and protect the rights of the waifs effectively and perfectly.
Co-Authors Anna Syahra Rhenal Cokronegoro Sabrina Agatha Faustina Stanley Noer H