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All Journal Awang Long Law Review VISA: Journal of Vision and Ideas
MANALU, KARTO
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Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PARADIGM OF CHANGES IN THE LEGAL RELATIONSHIP OF CHILDREN'S EDUCATION OUTSIDE THE INDONESIAN LEGAL SYSTEM MANALU, KARTO
Awang Long Law Review Vol. 1 No. 2 (2019): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.918 KB) | DOI: 10.56301/awl.v1i2.62

Abstract

Changes in the legal paradigm of the child marriage outside of marriage with his father in the decision of the Supreme Court (MK) number 46 / PUU-VIII / 2010 raises the pros and cons in the community. For the pro, it is considered appropriate and fulfills a sense of justice for children. Whereas those who contradicted the decision contradicted the Marriage Law which states that children born outside of marriage only have a civil relationship with their mother and family only. The Court considered the legal relationship between the child and his father not solely based on the existence of a marriage bond accompanied by proof of the existence of a blood relationship between the child and the man. The philosophical basis of the paradigm shift in the norms of civil relations between his father's children is a mandate as well as a gift from God Almighty, which we must always guard because in him the dignity, dignity and rights as human beings must be upheld and even extramarital children have the right legal protection. The legal effect of the civil relationship between children outside of marriage and their father to the civil law system in Indonesia is that the state provides guarantees for the position of extramarital children where before the 2010 MK Decision was only considered to have a civil relationship with his mother and family, but after the 2012 MK Decision was deemed to have civil relationship with his father and father's family.
Penerbitan Sertifikat Hak Atas Laut dalam Perspektif Hukum Agraria dan Hukum Laut Internasional Manalu, Karto
VISA: Journal of Vision and Ideas Vol. 5 No. 2 (2025): Journal of Vision and Ideas (VISA)
Publisher : IAI Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/visa.v5i2.7446

Abstract

The issuance of certificates of sea rights is a complex legal issue because it involves aspects of agrarian law and international maritime law. In the context of agrarian law in Indonesia, the recognition of rights to sea areas does not yet have an explicit legal basis like land rights. Meanwhile, international maritime law, especially through the 1982 UN Convention on the Law of the Sea (UNCLOS), regulates state jurisdiction over waters, including the exclusive economic zone and continental shelf, but does not specifically discuss private ownership of the sea. This study uses a qualitative method with a juridical-normative approach to analyze the unclear regulations regarding sea rights in Indonesia and how international legal principles can provide direction for their development. The results of the study show that the disharmony between national law and international law creates legal uncertainty for individuals or entities claiming sea rights. In addition, the policy of issuing sea rights certificates requires a clearer legal framework so as not to conflict with the principles of sustainable marine resource management. Therefore, policy recommendations are needed to align national regulations with international standards to ensure legal certainty and protection of public interests and the marine environment.
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