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Journal : Jurnal Analogi Hukum

Status Mewaris Terhadap Anak Yang Lahir Dari Perkawinan Beda Agama Oktaviani, Ni Kadek; Widia, I Ketut; Sukadana, I Ketut
Jurnal Analogi Hukum 27-31
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.27-31

Abstract

The diverse in Indonesia's society is widely open for any possibility of interfaith marriages, where interfaith marriages are Nomort strictly regulated in Indonesia Marriage-Law, causing a problem that related into the validity of marriage and in the status of inherited children that are resulting biological or adopted children and affinity from this different religion marriage. The formulation of the issue and obstacle is chose in this research is about how the legal status of the interfaith marriages according to Law Number 1 Year of 1974 and how the status inherits biological or adopted children and affinity from this different religion marriages. This research is a normative legal research by reviewing legislation and using Library Research Methods the results of the research regarding interfaith marriage in Indonesia according to Marriage Act in Indonesia are Nomort strictly regulated, the consequences of this law will lead to a dilution trough a legal obscurity and uncertainty in law. But related to marital status stated in Article 2 paragraph (1) of Indonesia Marriages Law, has referred to the laws of religion and their respective beliefs faith to determine a bond of the legal marriage. As for the interfaith couples who do the marriage through the establishment of a court then recorded in the Civil Registry Office, the marriage is considered as legitimate under the government law. Legitimate marriage is a justification for a resulting of biological or adopted children and affinity to be a legitimate child. The legal status of children born of interfaith marriages is a legitimate child provided the marriage has been registered according to the statutory regulations. Regarding inheritance resulting of biological from these interfaith marriages, the children has the right to be an heir. The Marriage Law does Nomort regulate the patrimony, but moreover are regulated in more specific in each of community religion law; customary law and other laws are basically carried out by agreement by both parties.
Sanksi Pidana Terhadap Pidana Penganiayaan yang Mengakibatkan Luka Berat Suma , I Kadek Betit Pranata; Rideng, I Wayan; Widia, I Ketut
Jurnal Analogi Hukum 225-229
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.2.2021.225-229

Abstract

The problem that often occurs in the community is persecution. Based on the decision issued by the Semarapura District Court Number: 67 / Pid.B / 20016 / PN.Srp A case of persecution has occurred. The formulation of the problem in this paper, namely: (1) How are the provisions for the Criminal Act of Persecution? (2) How do judges impose sanctions in the Crime of Persecution which results in serious injuries (case study of the Semarapura District Court Number: 67 / Pid.B /2016 / PN.Srp)? This study uses a normative legal research method, using the Law Approach, Case Approach, and Conceptual Approach. Source of Primary and Secondary Legal Materials. Document and literature study. By studying descriptively. Criminal action regulation itself has been included in the KUHP (Criminal Code) in CHAPTER XX. Based on the Judge's Decision Number: 67 / Pid.B / 2016 / PN.Srp, the defendant has been sentenced to 1 (one) year in prison. Before making a decision, the Panel of Judges made considerations from both juridical and psychological and sociological aspects.