New Rule on Child Outside the Marriage 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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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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North Shore Family Law and Conveyancing Services

Having a harmonious family is everybody's dream, but sometimes we have to deal with family law when conflicts arise. Understanding rights and mutual obligations necessary to keep the marriage always lasting. Weddings and joint ownership of assets can be complicated to be resolved when the family had split. Custody of children is usually a bone of contention. Joint property also is competed. It would be very difficult to understand rights and obligations if you do not have a family legal adviser.

From some advisory services of family law in Australia, you can obtain the services of Clive Mills and Associates because they have service the Family Lawyer North Shore. For completion and anticipate problems conveyancing service associates are also part of this. Conveyancing North Shore is a region of their work and have served many clients there. They are Able to act for you in sales and purchases of houses, units and commercial property.

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Indonesia Marriage Law : An History and Introduction

A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in 1974 amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy. Some compromises made by the government included increasing the jurisdiction of shari'a courts and eliminating registration as a requirement for validity of marriage. The Marriage Law is applied by the regular court system for religious minorities and by shari'a courts for Muslim Indonesians.

Following the controversy over the Marriage Law, since the mid-1980s Compilations of Islamic Law in Indonesia (Kompilasi Hukum Islam di Indonesia) authored by officials from the Ministry of Religion and Supreme Court judges have been used to clarify points on personal law and inheritance for application by shari'a courts. They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc. The Compilations are presented as Presidential Instructions (Inpres) which have lower status that statutes in the Indonesian legal system. A 1991 Compilation of Islamic Law directed the restriction of hiba (gifts) to a maximum of one-third of the donors estate. While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.

The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent. The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. The Marriage Law 1974 defines as legal a marriage "solemnised according to the laws of the respective religions and beliefs of each of the parties". Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian. Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages.

The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism). Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and a court inquiry into the validity of the reasons for wishing to contract a polygamous marriage (e.g., the existing wifes physical disfigurement, infertility, incurable disease). The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children. The permanent resident and domicile is to be decided by both parties. The husband as the head of the family is required to protect the wife and provide for her according to his means and the wifes duty is to manage the household.

The Marriage Law provides that divorce shall be carried out only before a Court of Law, after the Court has endeavoured to reconcile the parties. A husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons. If the husbands reasons accord with any of the six grounds for judicial divorce outlined in the Marriage Law and the court determines that reconciliation is not possible, the court will grant a session in order to witness the divorce. Either spouse may seek a judicial divorce (preceded by reconciliation efforts by the judge) on the following grounds: the other spouses adultery; alcoholism, addiction to narcotics, gambling or "any other vice that is difficult to cure"; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; constant disputes without hope of resolution; and sentencing to a prison term of five years or more.

Property acquired during marriage is considered joint property, although the Marriage Law only directs that division is according to the law applicable to the parties. The court may order alimony for children or maintenance for the former wife. In terms of custody, the Marriage Law simply provides that in case of dispute over custody, the Court shall render its judgement; the father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case the Court may order the mother to share such expenses.

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