KEDUDUKAN ANAK DARI PERKAWINAN SIRRI SETELAH PUTUSAN MAHAKAH KONSTITUSI NO 46/PUU-VIII/2010

In the Law no. l of 1974 on Marriage states that marriage is valid if conducted according to the laws of each religion or belief, and every marriage is recorded according to the laws and regulations. The understanding of sirri marriage is not regulated in the UUP, but from the legal marriage regulation can be concluded that the sirri marriage is a marriage that is not recorded. Sirri marriage is a marriage that does not meet any of the indicators of a legitimate marriage that is present of the subject of legal marriage ceremony, they are groom, bride, guardian of marriage and two witnesses, then the certainty of the law of marriage that is joined Marriage Civil Registrar which present at the ceremony, and Walimatu 'arusy, i.e. a condition that had been created to show the public that between the two groom and bride had officially become husband and wife. Sirri marriage will produce children who are classified as a child outside marriage. With the Constitutional Court Decision No. 46/PUU-VIII/2010 on UUP Test said that the sirri marriage remains valid if determined eligible under religious law, while recording just as any administrative duties as well as other legal events such as birth or death, the child which was born of this sirri marriage may be recognized when can be proved either in law or technology

PENCATATAN ANAK LUAR KAWIN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NO.46/PUU-VIII/2010

The presence of a child creates happiness and well-being for its family for children are the fruit of marriage and as descentfoundation. However, there also a condition in which presence of child is not always a joy. This usually happens when a child is born outside of legal marriage. The child birth outside of marriage is not only caused by an extramarital affair, in a certain circumstances can also give birth outside of marriage, such as the implementation of marriages which only performed by custom / religion, and does not include the father's name per se would cause problems for child. Based on this reality, Constitutional Court makes a decision NO.46/PUUVIII/2010 that children whom born of anunrecorded marriage may have a civil relationship with his or her father as long as legally can prove his or her origin based on science and technology and / or other evidence have a blood relationship, including civil relationship with his family. This will imply that the child can be listed with name of his or her father. In practice, the Constitutional Court's decision faced many obstacles, namely the cultural distinguish between legitimate and illegitimate children, ignorance about requirements that must be met to register the birth of child, the difficulty for obtaining evidence in the scientific and technological as well as the lack of regulations that can be used as guidelines to implement the Constitution Court's decision

PELAKSANAAN BANK GARANSI (GUARANTEE BANK) PADA PT CIMB NIAGA Tbk BERDASARKAN UNDANG-UNDANG NO.10 TAHUN 1998 TENTANG PERUBAHAN UNDANG-UNDANG NO.7 TAHUN 1992 TENTANG PERBANKAN

Banking has the important role for economic activities. The strategic role of bank is a mode that able to assemble and supply the society fund effectively and efficiently toward an increasing of people standar-life. In order to adding the receiving sources for bank and providing service to the customer, bank gives several of tipe service. Progressively quik of competition between banks, the bank urged not only relying on the primary receiving source of credit distribution but from the services which given, as well. In this globalitation era, businessman compete to develop their business with the tight competitiveness, businessman besides need law to ensure rule of law in their action, also need banking institution to ensure their certainty of business. One of the banking activity that use by the businessman is Bank Guarantee. Bank Guarantee is published to ensure creditor�s importance if the debitor break a promise. If the debitor break a promise, so the kreditor could raising claim of the Bank Guarantee. Bank Guarantee has a function to push banks to help fluenting the flow of goods and services and bond trading. CIMB Niaga Tbk Bank as one of healthy banking institution gives bank guarantee facility to accelerate business activity. In executing to give bank guarantee of CIMB Niaga Bank, there is a main problem that is how execute in giving bank guarantee on CIMB Niaga Bank Implementation of Undang-Undang No.10 tahun 1998 and the obstacles of settlement way the customer definitely pay of the giving the bank guarantee. There is four kinds of bank guarantee in CIMB Niaga Tbk Bank, namely : Bid Bond, Advanced Payment Bond, Perfomance Bond, Retention Bond. For once issuing bond of any kind of bank guarantee equally charge one hundred thousands rupiahs fee and the provision which is depends on the agreement between bank and the customer base of the value of the bond. In bank guarantee there is a contra guarantee from the customer which is given for the bank whwnever there is a claim of the beneficiary. Niaga Bank as the guarantor so that there is a guarantee for bank that the customer definitely pay when there is a claim. As regards, approaching method which is used is juridical empire observations which is need to solve observation object by observing the secondary data to primary data in the field so that can solving the problem and in the end can take conclusion whether the policy of CIMB Niaga Bank to execute in giving bank guarantee has fulfilled the Indonesia Central bank regulations