Showing posts with label Marriage Law. Show all posts
Showing posts with label Marriage Law. Show all posts
Saturday, June 16, 2012
Impact of Divorce on Joint Property in a Mixed Marriage
When discussing the impact of divorce on joint property in a mixed marriage it is two things that must be observed, such as:
1. Consequences or legal consequences of joint property arrangements contained in Article 37 of the Act (Act) No. 1 of 1974 on Marriage ("UUP") which states "When marriages break up because of divorce, community property is set according to each jurisdiction". Further elucidation of Article 37 of the Marriage Law states that "The definition of " legal " respectively mean religious law, customary law and other laws."
H. Hilman Hadikusuma explained in the book "Marriage Law of Indonesia said: Customary Law Regulatory Law Religious" (p. 189), due to laws regarding community property pursuant to Article 37 of the Marriage Law was submitted to the parties to the divorce which the law and what law will apply , and if no agreement between ex-spouses, the judge may consider reasonable in the sense of justice. Thus, due to a divorce on community property for everyone can be different, depending on what the law and which will be used to set the property of the parties together. Further explanation of the phrase "their own legal" as an example is some of the following:
a. For a Muslim, there are provisions on the division of joint property in the Compilation of Islamic Law ("KHI"). Article 97 KHI set "divorced widow or widower of life of each reserve the right half of community property to the extent not otherwise provided in the covenant of marriage."
b. Then, Hilman described (p. 193), for Catholics there is essentially no divorce in the Catholic religion, as Catholics would reject a divorce. However, in practice, the couple divorced Catholic can still be civil, even though the Catholic divorce is considered invalid. In such a case, divorce and division of joint property based on the provisions of the Act Book of the Civil Code ("KUHPer").
Under Article 126 KUHPer, joint property disbanded by law either because of divorce. Then, after the dissolution of joint property, along with their wealth divided between husband and wife, or between their heirs, regardless of origin and where the goods (see Article 128 KUHPer).Thus, under Article 37 UUP in conjunction with Article 126 and 128 KUHPer, divorce resulted in the dissolution of joint property so that the community property should be divided between husband and wife.
c. In addition, the effect of divorce on community property can also be specified by the customary law that is used by the parties, if the parties use of customary law of divorce. So, everything about the community property are governed by customary law respectively, and there is no similarity between indigenous peoples and the other one.
For instance in matrilineal societies such as the Minang, generally applicable customary law that determines the legal consequences of divorce on community property is to be divided between husband and wife (Hilman, pp. 189-190).
2. If one party to the marriage is a foreign citizen, the marriage is an intermarriage.
Mixed marriage is a marriage between two people in Indonesia are subject to different laws, since the difference of citizenship and nationality Indonesia one of the parties (See Section 57 Marriage Act). If your marriage took place in Indonesia and Indonesia are subject to the law, which applies the provisions of Article 37 UUP as outlined above is, to determine which law applies and what the law relating to matrimonial property left to the agreement of the parties are divorced.
If there is no agreement between ex-spouses, Hilman added, the judge may consider reasonable in the sense of justice. So, if there are no agreements between the parties regarding the effect of divorce on community property, the judge who will determine what is legal and which ones will be applied. However, if the marriage was not recorded later in Indonesia, then the marriage is still subject to the law where the marriage took place. Ie, in the event of divorce, should be done where the marriage took place (Article 56 [1] UUP).
1. Consequences or legal consequences of joint property arrangements contained in Article 37 of the Act (Act) No. 1 of 1974 on Marriage ("UUP") which states "When marriages break up because of divorce, community property is set according to each jurisdiction". Further elucidation of Article 37 of the Marriage Law states that "The definition of " legal " respectively mean religious law, customary law and other laws."
H. Hilman Hadikusuma explained in the book "Marriage Law of Indonesia said: Customary Law Regulatory Law Religious" (p. 189), due to laws regarding community property pursuant to Article 37 of the Marriage Law was submitted to the parties to the divorce which the law and what law will apply , and if no agreement between ex-spouses, the judge may consider reasonable in the sense of justice. Thus, due to a divorce on community property for everyone can be different, depending on what the law and which will be used to set the property of the parties together. Further explanation of the phrase "their own legal" as an example is some of the following:
a. For a Muslim, there are provisions on the division of joint property in the Compilation of Islamic Law ("KHI"). Article 97 KHI set "divorced widow or widower of life of each reserve the right half of community property to the extent not otherwise provided in the covenant of marriage."
b. Then, Hilman described (p. 193), for Catholics there is essentially no divorce in the Catholic religion, as Catholics would reject a divorce. However, in practice, the couple divorced Catholic can still be civil, even though the Catholic divorce is considered invalid. In such a case, divorce and division of joint property based on the provisions of the Act Book of the Civil Code ("KUHPer").
Under Article 126 KUHPer, joint property disbanded by law either because of divorce. Then, after the dissolution of joint property, along with their wealth divided between husband and wife, or between their heirs, regardless of origin and where the goods (see Article 128 KUHPer).Thus, under Article 37 UUP in conjunction with Article 126 and 128 KUHPer, divorce resulted in the dissolution of joint property so that the community property should be divided between husband and wife.
c. In addition, the effect of divorce on community property can also be specified by the customary law that is used by the parties, if the parties use of customary law of divorce. So, everything about the community property are governed by customary law respectively, and there is no similarity between indigenous peoples and the other one.
For instance in matrilineal societies such as the Minang, generally applicable customary law that determines the legal consequences of divorce on community property is to be divided between husband and wife (Hilman, pp. 189-190).
2. If one party to the marriage is a foreign citizen, the marriage is an intermarriage.
Mixed marriage is a marriage between two people in Indonesia are subject to different laws, since the difference of citizenship and nationality Indonesia one of the parties (See Section 57 Marriage Act). If your marriage took place in Indonesia and Indonesia are subject to the law, which applies the provisions of Article 37 UUP as outlined above is, to determine which law applies and what the law relating to matrimonial property left to the agreement of the parties are divorced.
If there is no agreement between ex-spouses, Hilman added, the judge may consider reasonable in the sense of justice. So, if there are no agreements between the parties regarding the effect of divorce on community property, the judge who will determine what is legal and which ones will be applied. However, if the marriage was not recorded later in Indonesia, then the marriage is still subject to the law where the marriage took place. Ie, in the event of divorce, should be done where the marriage took place (Article 56 [1] UUP).
Wednesday, May 9, 2012
Procedurs Of Making A Will
Before making a will, of course we must know the procedure to make a will in advance. Making a will based on Indonesia positively law arranged in the Book 2 Chapter XIII Part IV of Civil Code Forms Testament. Wills forms, such as:
- Olografis Testament, handwritten and signed by the heir himself then entrusted to the notary (see Civil Code Section 932-937);
- A will or testament to the general public deed must be made before a notary public (see Civil Code Section 938-939);
- Confidential or closed Wills at the time of delivery, the heir must sign the establishment, either if he himself had written it or if he had someone else write it; paper containing the setting-establishment, or papers used for cover when the cover is used, must closed and sealed (see Article 940 Civil Code).
In terms of making a will, there shall be a witness with the following conditions:
- In making a will olografis required two witnesses. The process is as follows, when the heir to heir letters left, then immediately make a notarial deed of care (van de pot deed) signed by the notary, the heir, as well as two witnesses and the deed must be written on the bottom will, when will it be submitted openly, or in a separate paper when it is delivered to him sealed.
- In making a will with the public deed required two witnesses. The process of making a will to do the deed before a notary public who was then signed by the heir, notary and two witnesses.
- In making a will with a closed state required four witnesses. The process is on the delivery of the notary, the heir must submit it closed and sealed to the notary, in the presence of four witnesses, or he should explain that the paper contained his will, and that the will was written and signed by himself, or written by others and signed by him.
In terms of making a will by parents who are still alive, it needs the consent of the husband or wife of that would give the wills. This refers to the arrangement of joint property, namely:
Article 36 paragraph (1) Act No.1 of 1974 the Republic of Indonesia on marriage ("Marriage Law"), which reads:
Regarding community property, the husband or wife may act on the consent of both parties "();
However, if the house is an innate property your mother, then do not need the consent of your father. This refers to the regulation of innate property that is:
Article 36 paragraph (2) of the Marriage Law, which reads:
About the marital property, the husband and wife have full right to take legal actions to those possessions.
In the making of a will to do or entrusted to the notary. Thus, the will must be made by authentic act in accordance with the arrangements in Article 1868 Civil Code which reads:
An authentic deed is a deed made in the form prescribed by law or in the presence of public officials who are authorized to act in the place it was made .
- Olografis Testament, handwritten and signed by the heir himself then entrusted to the notary (see Civil Code Section 932-937);
- A will or testament to the general public deed must be made before a notary public (see Civil Code Section 938-939);
- Confidential or closed Wills at the time of delivery, the heir must sign the establishment, either if he himself had written it or if he had someone else write it; paper containing the setting-establishment, or papers used for cover when the cover is used, must closed and sealed (see Article 940 Civil Code).
In terms of making a will, there shall be a witness with the following conditions:
- In making a will olografis required two witnesses. The process is as follows, when the heir to heir letters left, then immediately make a notarial deed of care (van de pot deed) signed by the notary, the heir, as well as two witnesses and the deed must be written on the bottom will, when will it be submitted openly, or in a separate paper when it is delivered to him sealed.
- In making a will with the public deed required two witnesses. The process of making a will to do the deed before a notary public who was then signed by the heir, notary and two witnesses.
- In making a will with a closed state required four witnesses. The process is on the delivery of the notary, the heir must submit it closed and sealed to the notary, in the presence of four witnesses, or he should explain that the paper contained his will, and that the will was written and signed by himself, or written by others and signed by him.
In terms of making a will by parents who are still alive, it needs the consent of the husband or wife of that would give the wills. This refers to the arrangement of joint property, namely:
Article 36 paragraph (1) Act No.1 of 1974 the Republic of Indonesia on marriage ("Marriage Law"), which reads:
Regarding community property, the husband or wife may act on the consent of both parties "();
However, if the house is an innate property your mother, then do not need the consent of your father. This refers to the regulation of innate property that is:
Article 36 paragraph (2) of the Marriage Law, which reads:
About the marital property, the husband and wife have full right to take legal actions to those possessions.
In the making of a will to do or entrusted to the notary. Thus, the will must be made by authentic act in accordance with the arrangements in Article 1868 Civil Code which reads:
An authentic deed is a deed made in the form prescribed by law or in the presence of public officials who are authorized to act in the place it was made .
Monday, February 27, 2012
Civil Rights of Children Outside of Marriage
Civil rights of the child outside of marriage is usually only be obtained from the mother now has been recognized by judicial review of Law No 1 of 1974 on marriage. Judicial review of Article 2, paragraph (2) and Article 43 paragraph (1) is filed by Machica Mochtar.
Judicial Review is granted, then the biological father of a child born out of wedlock, has a civil bond with her children. So that the father must provide for the child even though she was not married to her mother.
Children are also entitled to a birth certificate that lists the name of her biological father by DNA testing of evidence or witnesses. Because it is tied to the civil, the child also has his father's inheritance rights over property. Article 2, paragraph (2) and Article 43 paragraph (1) Marriage Act removed because he felt aggrieved. The article was called, a child born outside marriage has only a civil relationship with her mother and family. "I apply this to my son, M Iqbal Ramadan 14 years old. He can not get a birth certificate so as to make its legal status is unclear. This is not just a victory for Iqbal but a victory for the other children. They now have rights that should be obtained , "said Machica.
Mahfud MD Chairman of the Constitutional Court decisions of this very important and revolutionary. Since MK knock hammer, all children born outside marriage official, has a blood relationship with their father and civil. Outside of formal marriage in question include mating Mahfud siri, infidelity, and living together without marriage or samen leven.
Given this Court's decision should be able to defend the interests of children's rights rather than legalize adultery.
Judicial Review is granted, then the biological father of a child born out of wedlock, has a civil bond with her children. So that the father must provide for the child even though she was not married to her mother.
Children are also entitled to a birth certificate that lists the name of her biological father by DNA testing of evidence or witnesses. Because it is tied to the civil, the child also has his father's inheritance rights over property. Article 2, paragraph (2) and Article 43 paragraph (1) Marriage Act removed because he felt aggrieved. The article was called, a child born outside marriage has only a civil relationship with her mother and family. "I apply this to my son, M Iqbal Ramadan 14 years old. He can not get a birth certificate so as to make its legal status is unclear. This is not just a victory for Iqbal but a victory for the other children. They now have rights that should be obtained , "said Machica.
Mahfud MD Chairman of the Constitutional Court decisions of this very important and revolutionary. Since MK knock hammer, all children born outside marriage official, has a blood relationship with their father and civil. Outside of formal marriage in question include mating Mahfud siri, infidelity, and living together without marriage or samen leven.
Given this Court's decision should be able to defend the interests of children's rights rather than legalize adultery.
Friday, January 14, 2011
Rights of the Child From the Mixed Marriage
If you're hit by romance and fall in love with a person and citizen of Indonesia intends to continue the marriage then this is what you should know ...
With the enactment of Law number 12 year 2006 about citizenship, the rights of children born of mixed marriages are no longer terdiskriminasikan. In the latest citizenship law is not recognized therein dual citizenship (bipartide) or without nationality (apartide), citizenship is granted to children in this Act is an exception. This law also stipulates that children born outside of legal marriage solely to provide protection to children who have their citizenship status.
The Law No.12 of 2006, especially in chapter 4 gives an explanation:
1. 4I article explained that the children born in the territory of the Republic of Indonesia which at the time of birth is not clear the status of father and mother's citizenship,
2. 4J article explained that a newborn child found in the territory of the Republic of Indonesia for the father and mother are unknown.
In the second section provides a status of citizenship for children born in the region in the State of Indonesia which is not obvious at birth the citizenship status of his father and mother and unknown father or mother, this is because of the citizenship law adopted the principle of ius solli the basis of place of birth and ius sanguinis apatide Based offspring (no citizenship) and offspring bipatride (having two nationalities).
The principle of Jus Solli give citizenship to children referred to in Article 4I and 4J because He was born in the region and the state of RI Jus sanguinis principle of giving citizenship to the children in question, although the lineage is apatride (memili no nationality and is not known who the father and mother).
Besides ethnic treats like other Indonesian citizens, Law No. 12 of 2006 also made an important breakthrough that is by giving a limited dual citizenship for children of
results of mixed marriages between a foreign citizen before the child is 18 years old and not married
With the enactment of Law number 12 year 2006 about citizenship, the rights of children born of mixed marriages are no longer terdiskriminasikan. In the latest citizenship law is not recognized therein dual citizenship (bipartide) or without nationality (apartide), citizenship is granted to children in this Act is an exception. This law also stipulates that children born outside of legal marriage solely to provide protection to children who have their citizenship status.
The Law No.12 of 2006, especially in chapter 4 gives an explanation:
1. 4I article explained that the children born in the territory of the Republic of Indonesia which at the time of birth is not clear the status of father and mother's citizenship,
2. 4J article explained that a newborn child found in the territory of the Republic of Indonesia for the father and mother are unknown.
In the second section provides a status of citizenship for children born in the region in the State of Indonesia which is not obvious at birth the citizenship status of his father and mother and unknown father or mother, this is because of the citizenship law adopted the principle of ius solli the basis of place of birth and ius sanguinis apatide Based offspring (no citizenship) and offspring bipatride (having two nationalities).
The principle of Jus Solli give citizenship to children referred to in Article 4I and 4J because He was born in the region and the state of RI Jus sanguinis principle of giving citizenship to the children in question, although the lineage is apatride (memili no nationality and is not known who the father and mother).
Besides ethnic treats like other Indonesian citizens, Law No. 12 of 2006 also made an important breakthrough that is by giving a limited dual citizenship for children of
results of mixed marriages between a foreign citizen before the child is 18 years old and not married
The requirements and process Mixed marriages on the basis of law in Indonesia
When mixed marriages took place in Indonesia, mixed marriages conducted according to the Marriage Law (Article 59 paragraph 2). Requirements regarding marriage must meet the requirements of marriage under the laws of each party (article 60 paragraph 1).
Officials authorized to give information on already fulfilled the terms of marriage by law each party is legal according to civil registrar of each party (article 60 paragraph 2). When the registrar refused to give employees keterang letter, which was concerned that apply to the Court, and the court gives its decision. If the court's decision stated that the denial was not unreasonable, then the Court's decision to replace the certificate (Article 60 paragraph 3).
After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.
There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).
After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.
There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).
Officials authorized to give information on already fulfilled the terms of marriage by law each party is legal according to civil registrar of each party (article 60 paragraph 2). When the registrar refused to give employees keterang letter, which was concerned that apply to the Court, and the court gives its decision. If the court's decision stated that the denial was not unreasonable, then the Court's decision to replace the certificate (Article 60 paragraph 3).
After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.
There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).
After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.
There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).
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