According to Leon Duguit; The law is the rule of conduct of members of the community, rules paternity establishment whose power to use at a certain time is heeded by society as a guarantee of the common interest and which if violated provokes a joint reaction to the person who committed the violation.

In contrast to Immanuel Kant’s View; The law is the entire condition under which the free will of one person can conform to the free will of the other, obeying the rule of law concerning liberty.

On this occasion the Author before explaining about the ”RIGHTS OF PARENTS BASED ON CIVIL LAW. The term ”civil law” (private Recht) is often used as the term ”public law”. what is meant by civil law is a set/rule of law that regulates acts or relationships between people / legal entities for the benefit of the public/wider society.

The sources of civil law in Indonesia are as follows:

1. Civil Code

2.Various other Laws such as;

  • Basic Agrarian Law.
  • Marriage Law.
  • Dependent Rights Act
  • Labor Law

3. Various laws and regulations whose level is under the law.

a. Customary Law.

b. attorney law.

c. Laws of religions other than Christian.

d. Jurisprudence.

E. agreements made between the parties.

f. Expert opinion.

G. Treaty, which deals with international civil rights.

Civil Law itself applies to the people of Indonesia differently, originally, with the enactment of provisions in the Dutch era (Article 131 JO Article 163 IS), then the civil law that prevailed at that time were:

  • 1. For Europeans and eastern foreigners Tiongha, applies KUHPerdata.However, by developments in jurisprudence, many provisions of the Civil Code apply to all Indonesians regardless of their origin group. All Indonesians, regardless of their population, are considered to have secretly bowed to the legal system contained in the Criminal Code.
  • For other Foreign East, their customary laws apply
  • For the Indonesian population, Indonesian customary law applies.

So the main legal source for the people of Indonesia, with various laws that have repealed several things, such as the Basic Agrarian Law, Marriage Law, Dependent Rights Law, and Labor Law.

Civil Law itself if carried out a systematic approach to the law as follows;

  1. The Law of Persons (Person Recht).
  2. Law on Objects (Zaken Recht).
  3. Law on Alliance ( verbintenissen rect)
  4. Law on Proof and expiration/overtime (van bewijs en verjaring)

The scientific doctrine of civil law consists of the following areas;

  1. (personal law )
  2. ( family law ) 
  3. ( property law ) 
  4. ( heritage law ) 

That part is part of the science in civil law.

In civil law, there is the right of each individual in carrying out his legal actions. Today before discussing the Right of Obligation of children and Parents The author will describe the Understanding of Children, Children are the most important element in a family. therefore if there is a division of inheritance for example, then the child will get inheritance first compared to other heirs.

There are several groups of children in civil law, namely;

  1. Biological child.
  2. Stepdaughter.
  3. Donated Children.
  4. Adopted Children.
  5. Recognized out-of-wedding children.
  6. Unmarried children ( illegitimate children Judah)

God is All-4-1 with a son. In connection with the inheritance law, the stepdaughter (half-brother or mother) is treated differently from the biological child.

Then, what is meant by a donated child is a child born to a father and a real mother between the two should not marry because of close family relationships. For example, between kaka and siblings.

Furthermore, the adopted child is the adopted child into his child, through a procedure called ”adoption” after which there is a legal relationship between the parent and the child.

An unmarried child is a child born to a parent who is not legally married. both parents, by both parents, the child can be recognized as a child when his parents marry legally.

The existence of a child because of an event of marriage. Marriage is a very important legal event for human beings with various legal consequences. therefore, the law regulates marital issues in detail.

What is meant by marriage is birth and the inner bond between a man and a woman as a husband and wife to form a happy and eternal family based on the One True God. The Law of Marriage regulates the rights and obligations arising between the child and his parents, therefore, the Marriage Act also regulates it.

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