STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION
DOI:
https://doi.org/10.30659/akta.v8i2.7924Keywords:
Children Outside Married, Religious Court, Decision.Abstract
The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.
References
Journal:
Imam Mustafa. (2012). "The Impact of the Constitutional Court Decision Regarding Article 43 Paragraph (1) of Act No. 1 of 1974 Marriage Law Against Family In Indonesia," Al-Manahij: Journal of Islamic Legal Studies 6, no. 2, p. 291.
Books:
Andi Syamsu Alam and M Fauzan. (2008). Adopsi dalam Hukum Islam, Kencana Prenada Media Group, Jakarta
Hilman Hadikusuma. (1995). Hukum Perkawinan di Indonesia. Mandar Maju, Bandung
HM Hasballah Thaib and Faith Jauhari. (2004). Capita Selecta Hukum Islam, Perpustakaan Nasional Press, Medan
Maidin Gultom. (2012). Legal Protection Against Children and Women, Refika Aditama, Bandung
Nasir Djamil. (2013). Child Not for Condemned: Notes Discussion Juvenile Justice System Law, Sinar Grafika, Jakarta
Robert K. Yin. (2008). Case Studies, Design and Methods, Issue 1, print. 12, RajaGrafindo Persada, Jakarta
Sunaryati Hartono. (1994). Indonesia Legal Research At the end of the 20th century, Alumni, Bandung.
Regulations:
Article 1 of the UN Convention on Child Rights
Article 1 of the Universal Declaration on Human Rights
Book of the Law of Civil Law
Act No. 1 of 1974 on Marriage
The Gazette of the Republic Indonesia of 1975 Number 12.
Interview:
Interviews with Drs. Tahir, SH., MH, as the judge in the Religious Kendari, on December 23, 2019, 10:45 pm
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:
- The journal holds the copyright for each article published with work licensed simultaneously underĀ Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
- Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.
- The copyright of this document is owned by Journal Master of Notarial Law (M.Kn) UNISSULA and is protected by law