Perlindungan Hukum Terhadap Anak Luar Kawin Setelah Berlakunya Undang-Undang No. 1 Tahun 1974 Di Daerah Istimewa Yogyakarta
| Main Author: | Perpustakaan UGM, i-lib |
|---|---|
| Format: | Article NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2002
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/23581/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=6533 |
Daftar Isi:
- ABSTRACT This research is a normative legal research, which aims to investigate the implementation of legal protection for children born out of wedlock after the promulgation of act No. 1 of 1974 in the Special Region of Yogyakarta. Data used in this research were secondary and primary data. The secondary data were obtained-from library research conducted through a documentary study. The primary data were obtained from field research conducted through interviews and questionnaires. The results of the research reveal that children born out of wedlock receive legal protection under the following: 1. Legal protection by legislation Act No. 1 of 1974, Article 43 stipulates that a child born out of wedlock has a civil relationship with its mother and her family. In addition, according to Article 66 in Act No. 1 of 1974, the stipulation on legalization and recognition of children in the Civil Code can be enforced because Act No. 1 of 1974 does not provide for legislation and recognition of children. 2. Legal protection by the bioligical father Legal protection for a child born out of wedlock is given by its biological father when he recognizes the child by marrying its mother. This recognition and legalization of the child can be stated in the parents' marriage certificate. Besides, the recognition and legalization can be stated in a court decision. With recognition and legalization, children born out of wedlock receive legal protection because the recognition is made voluntarily so that the father actually provides the child loving care and therefore fulfills his parental obligation. 3. Legal protection by a judge's decision. A child born out of wedlock can receive legal protection under a judge's decision, which declares that a person is the biological father of a child and requires him to provide for its living expenses and education. Howewer, a judge's decision does not effectively give protection for a child born out of wedlock because in practice not all biological fathers carry out the decision. Keywords: Legal protection -- children born out ofwedlock.