Kedudukan Hak Keperdataan Anak Luar Kawin Perspektif Hukum Islam

Susanto, Muhammad Hajir; Puspitasari, Yonika; Marwa, Muhammad Habibi Miftakhul

doi:10.33506/js.v7i2.1349

Cited by 4 publications

(4 citation statements)

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“…Article 99 of the KHI mentions a legitimate child, namely "a child born in or as a result of a legal marriage, the result of a husband and wife's legal actions outside the womb and born by the wife. [9] The provisions of Article 28 B paragraph (2) of the 1945 Constitution affirmed that:…”

Section: Resultsmentioning

confidence: 99%

Optimization of Marriage Registration as Legal Certainty of Children's Rights in the Perspective of Maqasid Shariah

Kasim

Kamba

Zakiyah

et al. 2022

KSS

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Problems in the household are always related to children. Children are the most significant mandate from Allah SWT. They must be cared for and protected even if they get into legal problems. Marriage registration is a form of legal certainty for children’s rights. Often children do not get the fulfillment of their rights due to the actions of their parents. The rise of unregistered marriages is one of the reasons why the legal certainty of children’s rights is questioned. The legal consequences of unregistered marriages create new problems for children, incredibly fulfilling their rights. Therefore, it is necessary to optimize the registration of this marriage for the future of the family, especially the children. Of course, optimizing marriage registration is inseparable from the participation of related parties. It requires synergy between the government, the Office of Religious Affairs (KUA), the Population and Civil Registration Service (DISDUKCAPIL), and the community. Marriage registration is essential, especially from the legal aspect, both in positive and Islamic law. Because basically, Islamic law does not oblige every marriage contract, but marriage registration is essential from the point of view of its benefits. This research belongs to empirical juridical research, using primary, secondary, and tertiary data collection techniques. This study uses a case approach and data analysis techniques used descriptively. The results of the discussion in this study found that marriage registration is beneficial for couples in terms of Islamic law and positive law; not just administration but providing legal certainty to wives, especially children born in terms of child status, education, and inheritance rights. Gorontalo Province marriage registration by the KUA and Disdukcapil has been running optimally even though the data found in unregistered marriages are pretty high, and this is because people do not understand the importance of marriage registration. Keywords: optimization, marriage registration, legal certainty, Maqasid Shariah

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Section: Resultsmentioning

confidence: 99%

Optimization of Marriage Registration as Legal Certainty of Children's Rights in the Perspective of Maqasid Shariah

Kasim

Kamba

Zakiyah

et al. 2022

KSS

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“…The MUI Fatwa uses the term living expenses instead of nafaqah because nafaqah only arises from a valid marriage relationship. This is also supported by research by Susanto, Puspitasari, & Marwa (2021) which states that the relationship of children born out of wedlock with their fathers is that they do not have the right to personal data like legitimate children in the form of blood relationships, mutual inheritance relationships, and becoming a marriage guardian.…”

Section: Qualification Of Child Status As a Biological Childmentioning

confidence: 89%

Qualification of Child Status from Unregistered Polygamous Marriage without Marriage Validation (Study of Religious Court Decisions from 2019-2022)

Tarais,

Hartini

2023

pandecta

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This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.

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“…1 dated June 3, 1969, concerning the adoption of children, TKL was recognized as an extramarital child born to a woman named TKN. However, evidence showing whether the biological parents of TKL are bound by a legal marriage or religious marriage does not exist, so the status of TKL as a legally recognized extramarital child becomes unclear by Article 272 of the Civil Code (Suparman, 2022). Extramarital children cannot become heirs without recognition as referred to in Article 280 of the Civil Code.…”

Section: Methodsmentioning

confidence: 99%

Legal Protection of Inheritance of Extramarital Children in the Chinese

Gita Subagia,

Djaja

2023

Edunity

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The purpose of this research is to examine and analyze further the forms of inheritance protection for children born out of wedlock. The research method used is a normative juridical method, focusing on legal regulations, books, and related literature. The position of children born out of wedlock regarding inheritance issues certainly differs from legitimate children. Children born out of wedlock must fulfill certain conditions to obtain their inheritance rights, especially for children born out of wedlock within the Chinese community, which has customary regulations and legal conditions regarding the protection of their inheritance status. The research is conducted by studying the legal system related to legal regulations on the position, and inheritance status, and by examining secondary sources such as literature and expert opinions. The research analysis is conducted using a qualitative method. Thus, it will explain the inheritance status for children born out of wedlock within the Chinese community.

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Kedudukan Hak Keperdataan Anak Luar Kawin Perspektif Hukum Islam

Cited by 4 publications

References 0 publications

Optimization of Marriage Registration as Legal Certainty of Children's Rights in the Perspective of Maqasid Shariah

Optimization of Marriage Registration as Legal Certainty of Children's Rights in the Perspective of Maqasid Shariah

Qualification of Child Status from Unregistered Polygamous Marriage without Marriage Validation (Study of Religious Court Decisions from 2019-2022)

Legal Protection of Inheritance of Extramarital Children in the Chinese

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