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The Urgency of Child Custody of Divorce Victims in the Perspective of Customary Law in accordance with the Civil Code Pradinata, Clara Agustin; Kazuo, Jeydhen; Kurniawan, Ivana
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.825

Abstract

Divorce is the legal breaking of the marriage bond between husband and wife. Divorce can cause child custody issues. The purpose of this study is to discuss the position of children in marriage and child custody as a result of divorce from the perspective of customary law according to the Civil Code. This research method is normative juridical, with data search techniques through literature review of books, legal sources and relevant scientific journals. The results explain that the position of children in marriage is divided into legitimate and illegitimate children. Determining child custody is an important thing to do after a divorce to avoid disputes. Laws on marriage, divorce and child custody are contained in Law No. 1 of 1974 Chapter XI, KHI Chapter XV and the religious courts contained in Law no. 50 of 2009. According to Law No. 1. of 1974 the responsibility of caring for children is the responsibility of both parents as long as the child is under 18 years of age and the parents' rights are not revoked, and according to KHI children under 12 years of custody fall on the mother but when they become adults they can choose custody. According to the Civil Code, the court has the authority to decide whether one of the parents becomes the owner of custody by considering the child's needs and child protection. Article 230 states that parents who are unable to exercise their custody rights have a permanent obligation to provide maintenance. Whereas customary law in determining child custody takes into account kinship, the child can be the custody of the father or mother, but when he becomes an adult he returns to customary custody, but when he is young custody falls on the mother and the father is still obliged to provide for the child until he is an adult.
Is ESG Companies' Performance Influenced by Ownership Structure? Evidence in ASEAN Kurniawan, Ivana; Rokhim, Rofikoh
Interdisciplinary Social Studies Vol. 2 No. 9 (2023): Special Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v2i9.485

Abstract

Background: According to studies on sustainability dimensions – environmental, social, and governance (ESG) – companies that effectively address the stakeholders’ ESG expectations are likely to outperform companies that poorly implement ESG principles. Studies show mixed results of the relationship between ESG and financial performance. Besides, ESG adoption in ASEAN countries is still in early stage compared with European countries or US region. Aim: The purpose of this paper is to investigate the relationship between Environmental, Social and Governance (ESG) performance and firm performance of ASEAN listed companies moderated by company ownership structure. Method: This paper selects publicly listed companies in ASEAN stock exchanges with data period of 2017-2021, a total of 607 companies samples with 1,309 data observations. Refinitiv Eikon ESG rating is adopted in this paper to measure ESG performance while ownership structure is measured in three aspects, which include ownership concentration, equity balances, and institutional investor shareholding. Findings: The research found that (1) ESG performance has negative and significant relation to both market-based and accounting-based firm performances, (2) ownership concentration has no significant moderating role on ESG – firm performance relationship, (3) equity balance is only significant in moderating ESG relationship to Tobin’s Q, meanwhile (4) institutional ownership is found statistically significant in moderating the ESG relationship to Tobin’s Q and ROE but not to ROA.