Theresia Nolda Agnes Narwadan
Faculty of Law Pattimura University, Ambon

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The Indissolubility Principle In Saumlaki District Court Decision Number 21 / Pdt.G/2014/PN.Sml Barzah Latupono; Theresia Nolda Agnes Narwadan; Ferdly Renaldy Lerebulan
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1016

Abstract

Marriage within the Catholic church recognizes the indissolubility found in Canon 1141, which explains that Catholic marriages are consummatum, unbreakable marriages, cannot be cut off by any human power and for any reason, other than death. The Catholic church is the only religion that strongly rejects divorce and does not acknowledge the effectiveness of court rulings that dissolve the marriage of Catholic couples. This principle provides a consequence for married couples who are Catholic. Divorce is the only way when marital harmony is no more. The concept of divorce between religious teachings and the idea of national law differs especially from that of national law, for it provides an opportunity for a couple to divorce as long as there isa clear and valid reason for the congregation, while the Catholic faith says that only death can separate, since marriage is the sacrament and involves god in it. The kind of legal research conducted is normatif where the law is conceptually defined as what is written in the law law (law in books) and or the law is conceived as a code or custom by which human behavior is deemed feasible, the case approach (case approach) and the conceptual approach of approach (approach). Revered to this research we can see that the state approves divorce proceedings because the state merely wants to give its citizens legal certainty, since the state's job is to provide comfort and safety to its citizens. While this study sees the indissolubility principle harmonizes with the principle of difficulty divorce, however, it is still rarely found the application of the indissolubility principle in national law, since basically religious and state teachings cannot be harmonized.
Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Theresia Nolda Agnes Narwadan
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.829

Abstract

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.