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All Journal Jurnal Akta Indonesian Journal of Law and Policy Studies
Fitra Deni
Universitas Satya Negara Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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CHILDREN'S INHERITANCE RIGHTS TO MIXED MARRIAGE WHAT IS NOT RECORDED IN PERSPECTIVE INTERNATIONAL CIVIL LAW Fitra Deni; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 2, No 2 (2021): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v2i2.5271

Abstract

This article aims to find out the protection of the inheritance rights of children of mixed marriages that are not recorded in the perspective of the Indonesian International Civil Law (HPI Indonesia). The research in this article is doctrinal legal research or dogmatic, or normative juridical method or also referred to as literature law research, with the method of deduction reasoning. This method of deduction reasoning is used to conclude things that are general to a special thing which is then drawn into a conclusion. The results of this article show that the law applicable to mixed marriages can be seen based on the principles of HPI Indonesia including the principle of lex loci celebrationis, joint nationality or joint residence, where the marriage takes place, where the husband and wife become citizens after marriage or the residence of the husband and wife. But for mixed marriages that are not recorded according to the applicable rules do not eliminate the inheritance of the child, especially from the father as long as there is recognition with an authentic deed. Not noting the marriage does not mean the marriage becomes void but only has not been recognized that there has been a mixed marriage so that the rights of the child are not obtained as they should be. It's just that children born from marriage are considered children outside of marriage. Constitutional Court Decision No. 46/PUU-VIII/2010 is a new legal breakthrough in which children born outside of marriage from unrecorded mixed marriages still have a civil relationship with both parents. So that with the unrecorded of mixed marriage does not eliminate the civil rights of children as legal heirs.
Juridical Analysis of Therapeutic Transactions as A Form of Agreement Between Doctors and Patients Fitra Deni; Nelly Esterlina; Fikri Miftakhul Akbar
Jurnal Akta Vol 10, No 3 (2023): September 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.32467

Abstract

The problems in therapeutic transaction still happen frequently between doctors and the patients in hospitals, because the agreement is considered as outcome agreement, not effort. Patients expect recovery after entrusting the treatment to doctors, while doctors understand their responsibility is to give the best treatment to the patients with his knowledge and the standard operational procedure, hence, recovery is not their responsibility. Generally, doctors often overcome such problems. As a result, society considers doctors untouchables. In this paper, the issue raised in the case of decision Number 1315 / K / PDT / 2019 is whether the therapeutic agreement can provide protection to patients and how the judge considers in cases of acts against the law on the therapeutic agreement. Using normative law research method, this study concludes that therapeutic agreement cannot protect patients without agreement about recovery or result, but about the right effort to heal patients. The result show a therapeutic agreement cannot provide legal protection if it refers to the object of the patient's recovery rather than appropriate efforts for the patient's recovery because the therapeutic agreement has special characteristics and features.
Co-Authors Fikri Miftakhul Akbar Mutiara, Upik Nelly Esterlina