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All Journal CALYPTRA : Jurnal Ilmiah Mahasiswa Universitas Surabaya
Sriwati Sriwati
Fakultas Hukum Universitas Surabaya
Education

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PERLINDUNGAN HUKUM BAGI ANAK LUAR KAWIN ATAS HARTA WARISAN BAPAK BIOLOGIS KARENA PERKAWINAN ORANG TUANYA YANG BELUM DICATATKAN Indira Erlyanti; Lanny Kusumawati; Sriwati Sriwati
CALYPTRA Vol. 7 No. 2 (2019): Calyptra : Jurnal Ilmiah Mahasiswa Universitas Surabaya (Maret)
Publisher : Perpustakaan Universitas Surabaya

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Abstract

In law there are events or events in human life that need to be registered officially so that there is certainty about the incident such as marriage, birth, confession of birth, divorce, and death. Marriage is the inner bond between a man and a woman as husband and wife, whereas the purpose of marriage is to form a happy, everlasting family / household based on the One Godhead. Marriage is the same as important events in the life of a person, so it needs to be listed to give legitimacy to both parties both husband and wife. In addition to forming a happy family / household, marriage also has another purpose to get offspring or children. The status of the child has been known to be a legitimate child, an outsider and an adopted child. Subjects concerning the status of children outside marriage or children born to unmarried fathers and mothers in a marriage are called illegitimate children or married children having a civil relationship with their mother and mother's family, as mentioned in Article 43 paragraph (1) of Law no. 1 Year 1974 About Marriage. Inheritance is a law that regulates the transfer of ownership rights to the heirs to the heirs, determines who has the right to become an heir and what part thereof. This means that inheritance occurs due to the death of Article 830 of the Civil Code, which determines that inheritance only occurs due to death.
PERTANGGUNGJAWABAN PIDANA RC YANG MEMBERIKAN KETERANGAN SECARA MENYESATKAN KEPADA PENERIMA FIDUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA MAHARANI AMALIA PUTRI; Sriwati Sriwati; Ida Sampit Karo K.
CALYPTRA Vol. 7 No. 2 (2019): Calyptra : Jurnal Ilmiah Mahasiswa Universitas Surabaya (Maret)
Publisher : Perpustakaan Universitas Surabaya

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Abstract

The purpose of writing this scientific journal is as a requirement for graduation and obtaining a law degree at the Faculty of Law of the University of Surabaya. Practical Objectives of the writing of this thesis to be able to know Whether RC that gives misleading information to fiduciary recipients may be sought criminal responsibility in terms of Article 35 of Law Number 42 of 1999 on Fiduciary Guarantee. RC acts have fulfilled the elements contained in Article 35 of the Fiduciary Guarantee Act, namely RC deliberately misrepresents the ownership of the motorcycles purchased to PT. Adira Finance as the recipient of fiduciary so that gave birth Fiduciary Guarantee agreement with Number: W1300192796.AH.05.01 Year 2014 dated March 7, 2014 on behalf of RC. The acts committed by the RC have fulfilled the elements of error contained in criminal responsibility, namely the existence of unlawful acts, the ability to be accountable to the perpetrator, has a form of mistake in the form of intent as a necessity or a certainty and no excuse of forgiveness to the perpetrator. RC acts is a continuing act as stipulated in Article 64 paragraph (1) of the Criminal Code, violating Article 372 of the Criminal Code and Article 35 of the Fiduciary Guarantee Act, RC shall be liable to a maximum imprisonment of 1 (one) year and a maximum of 5 (five) years and a fine At least Rp. 10.000.000, - (ten million rupiah) and at most Rp.100.000.000, - (one hundred million rupiah) as stipulated in Article 35 of the Fiduciary Guaranty Ac.
Co-Authors Ida Sampit Karo K. Indira Erlyanti Lanny Kusumawati MAHARANI AMALIA PUTRI