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All Journal Jurnal Ilmu Hukum The Juris Pena Justisia: Media Komunikasi dan Kajian Hukum
Abdul Rokhim
Universitas 17 Agustus 1945 Samarinda, Kalimantan Timur, Indonesia
Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN DAN AKIBAT HUKUM TERHADAP KEBENDAAN MILIK AHLI WARIS DARI SEORANG DEBITUR YANG TELAH MENINGGAL DUNIA ABDUL ROKHIM
The Juris Vol 5 No 2 (2021): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v5i2.326

Abstract

In practice, financing in the current era is rife, not only legal entities that can become debtors in financing, private legal subjects can also act legally in terms of financing. then the right step to resolve it is through the instrument of bankruptcy law, containing a rule that can regulate the relationship of the parties and also regarding rights and obligations. The results show that the responsibility of the heirs to the debtor who dies and is declared bankrupt the heirs can choose one of 3 (three) attitudes, namely: accept as a whole, be inclusive of the debtor of the heir, accept with conditions, the inheritance is received in detail, while the debt the heir will be paid based on the property received by the heir, and refuse the heir does not want to know about the management of the settlement of the inheritance. Protection of property belonging to an heir of a debtor who has died and is declared bankrupt, namely the bankrupt debtor who still has the right to control and manage certain goods as stipulated in Article 22 in conjunction with Article 21 of the Bankruptcy Law and Suspension of Debt Payment Obligations, which excludes or separates personal assets of the debtor that are not related to the assets that have been bankrupt.
THE POSITION AND LEGAL STATUS OF CHILDREN OUT OF MARRIAGE ARE REVIEWED BASED ON LEGAL PROVISIONS IN INDONESIA Abdul Rokhim
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4335

Abstract

The civil rights of children outside of marriage have an impact on the child, because they do not receive legal protection, such as the care and welfare of the child, including the child's right to inherit. The position of an illegitimate child will be a burden for the mother and the mother's family, and the child's legal status is also not covered by the law, such as determining the child's legitimacy, such as the status of the child's birth certificate. Therefore, the author wrote this to identify the legal status of illegitimate children. This writing is prescriptive normative legal research, to answer legal issues raised with arguments, theories or new concepts as prescriptions in solving the problems faced. "Children born out of wedlock only have a civil relationship with their mother and her mother's family." Article 280 KHUPer "With the recognition of a child out of wedlock, a civil relationship is created between the child and his father or mother." Article 100 KHI "Children born out of wedlock only have a family relationship with their mother and their mother's family." Article 49 paragraph (2) Law number 24 of 2013, amendment to Law Number 23 of 2006 concerning Population Administration "Recognition of children only applies to children whose parents have entered into a valid marriage according to religious law, but not yet legal according to State law." Based on the writing, the recognition of an illegitimate child (biological product) as a recognized child means that it will give rise to alimony rights, birthright rights and inheritance rights for the child from his biological father. An illegitimate child only has a lineage relationship, maintenance rights and obligations as well as inheritance rights and relationships with his mother and his mother's family, not with his natural (genetic) father/father or natural (genetic) father/fatherKeyword: children outside of marriage, legal status of children, civil rights of children, legal protection of children
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