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Sunday, February 19, 2012

Legal System in the World

list country legal system
Image Source: Wikipedia
There are several legal systems applicable in the world and differences in legal systems also affect the field of civil law among other. World civilization history from the beginning is logic reason why legal system grow differ each other. They are Anglo-Saxon legal system (common law), Continental legal system (civil law), Communist legal system, Religious legal system (such as shariah law), Customary legal system, and combined/mixed legal system between mentioned before. In United States, there is also Louisiana State legal system United States which is based upon French and Spanish civil law.

Each countries in the world apply each legal system one or more by combine each other. Anglo-Saxon legal system applicable in the Kingdom of the UK and commonwealth countries or countries affected by the UK, such as the United States and Canada (except Quebec Province), Malaysia, Australia, India, New Guinea, Ireland, New Zealand, South Africa, etc. Continental European legal systems applicable in European main continental and countries that affected by European mainland counties colonization/occupation (Almost 60% of the world's countries follow this system of law).

Legal communist system is used by communist country such as China and Rusia. Meanwhile, Islamic legal systems mostly used by middle east country and mixed applicable by other countries where people population dominated by moslem religion, such as Malaysia, Indonesia, Brunei Darussalam (especially for marriage and inheritance law). Civil law in Indonesia is based on civil law in the Netherlands, especially in civil law during the Dutch colonization in Indonesia. Please read also detail article on Differences of the Anglo Saxon with the European Continental Legal System.

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New Rule on Child Outside the Marriage in Indonesia

child protection law in indonesia
Indonesian Constitutional Court (MK) issued a decision that granting a civil relationship between the children, which is born of unregistered marriage, with the biological father. The MK ruled that children born outside of marriage maintains a civil relationship with her ​​biological father. The rights are acquired after obtaining evidence from witnesses or DNA tests. This decision was read on Friday, February 17, 2012.

This decision relates to the application for judicial review of the Law No. 1 of 1974 on Marriage. Judicial review was filed by Mochtar Machica fighting for the recognition of her son which was born of unregistered marriage with Moerdiono. Moerdiono is a former State Secretary Minister in President Soeharto era. Moerdiono had died in 2011.

Article 43 paragraph (1) of Law No. 1/1974 on Marriage, which reads'' Children who are born outside marriage has only a civil relationship with her ​​mother and her family". The Court's decision to change the article to be:'' Children are born outside marriage have a civil relationship with her ​​mother and her family as well as men as a father who can be proven by science and technology and / or other evidence under the law to have a blood relationship, including a civil relationship with his father's family.''

With this decision, new rule on child outside the marriage in Indonesia is issued. The child will get a civil rights with his father and his family. Children will be entitled to a birth certificate and use the name of his biological father, and also get a living and legacy.

Before the advent of this decision, the child outside of marriage has not clear legal status and rights. Now these children have got a clear protection that can not be denied, either in technology or law. Men who like to cheat will be considering this next course.

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Tuesday, February 14, 2012

Domestic Violence and Legal Enforcement

Domestic Violence and Legal Enforcement
Domestic violence is violence perpetrated in the household. Either by the husband, wife or child. Causes of domestic violence in general is suffering and economic needs are not met. Though there have been attempts by the law protection which aims to provide protection against those who torture and threats of legal action to the culprit. But still it does not make the offender stop violence and without any anxiety in doing so.

In this day and age has a lot of people doing violence, whether violence is simple or serious violence. Even they do not realize what they are doing is wrong or right. Violence can also occur when a person feels threatened when there was danger to her and tried to fight back. Violence is done to keep action in order to avoid a hazard. For example, when the wife threatened to divorce her husband or report to certain parties.

If there is violence in the family, many people try to cover it because it is considered a family problem. This is done to maintain the good name of his family and privacy in order not to be the talk of the crowd. On the one hand, there is a violent husband when his wife of immoral acts such as cheating or even having sex with a man not her husband own. It could be the cause because the husband was often away working out of town and he does not give more attention to his wife. So happened that made his wife's affair in secret. But the cause and action taken in the above example is not the correct one.

In order to prevent domestic violence, people who commit violence must learn to keep emotions out of hand and learn from mistakes so as not to pose a risk to be faced. Acts of violence is basically an attempt to achieve what he wants or a retaliation. But what's done is something wrong and dangerous. How to overcome to prevent violence there must be a continuous involvement of outside parties, such as law enforcement, especially for marriage or family law. Because if not, the perpetrators of violence will be and becoming rampant.

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