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Full-Text Articles in Law

When Children’S Rights Are At Stake, Shall Court Remain Silent? Analysis On The Implementation Of Passivity Of Judge Principle In Child Marriage Dispensation In Indonesia, Laras Susanti Ms Apr 2021

When Children’S Rights Are At Stake, Shall Court Remain Silent? Analysis On The Implementation Of Passivity Of Judge Principle In Child Marriage Dispensation In Indonesia, Laras Susanti Ms

Indonesia Law Review

This article explores the existence of asas hakim pasif (passivity of judge principle) in cases involving children in civil cases in Indonesia. As one of the basic principles in civil procedure, judges must be bound by the scope of the case and evidence brought by parties. The principle is not absolute, however, showing that under the Law on Judicial Power; judges are obliged to uphold justice by exploring law and social values more than often. A study case in marriage dispensation shows that judges are facing pluralism orders. Therefore, judges’ value and understanding of children’s rights is a determinant factor. …


Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan Dec 2016

Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan

Indonesia Law Review

The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …


Hukum Perkawinan Di Indonesia (Marriage Law In Indonesia), Priskila Pratita Penasthika Apr 2012

Hukum Perkawinan Di Indonesia (Marriage Law In Indonesia), Priskila Pratita Penasthika

Indonesia Law Review

Human is social being who during his or her life will always be in interaction with the other human. Marriage is one form of interactions that could happen between human being. Every state in this world has its own regulation to determine the requirements and procedure for a legal marriage . As reflected in its title, this book, specifically discusses specifically the marriage law in Indonesia.