HAK ANAK ATAS IDENTITAS DIRI DALAM PERKAWINAN BERDASARKAN HUKUM ADAT TANA TORAJA

SALURANTE, BELONA DANDURU (2014) HAK ANAK ATAS IDENTITAS DIRI DALAM PERKAWINAN BERDASARKAN HUKUM ADAT TANA TORAJA. Jurnal Magister Ilmu Hukum. p1-22.

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Abstract

This research entitled child’s right over self-identity on marriage based on customary law of Tana Toraja. The problem formulation is: First, how child’s right over self-identity on marriage based on customary law of Tana Toraja? Second, how role of regional government to respond regulation difference in order to give protection towards child’s right over self-identity. This research is aimed to: First, find out and review child’s right over self-identity on marriage based on customary law of Tana Toraja. Second, find out and review role of regional government to respond regulation difference in order to give protection towards child’s right over self-identity on marriage based on customary law of Tana Toraja? The research type used is normative law research with law sociology and politic approach. The data used consist of primary, secondary and tertiary law materials. And then, the data collection method is literature review and interview. Analysis process towards law material is started from primary law materials which consist of description, systemization, and interpretation of law material and thinking process. In Tana Toraja region, marriage is called as rampanan kapa’. This marriage is only legal according to customary law, neither be legal based on religion and state law nor marriage certificate. Thus, it will affect children to get their rights over self-identity which is proved by birth certificate. The responsibility of regional government of North Toraja Regency to give protection towards children who be born over that customary law marriage of Tana Toraja is not carried out yet completely, so such children have no birth certificate. However, the related government has carry out counseling in each village/kelurahan about the importance of marriage registry and birth certification for children. And the authority of North Toraja Regency has held massive marriage by free cost for spouse who married only legal based on customary law. Thus, after their marriage is registered, the government can created marriage certificate immediately and then it can be used to create child birth certification.

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