Analisis Yuridis Kedudukan Anak Luar Nikah Berdasarkan Kompilasi Hukum Islam Dan Kitab Undang-Undang Hukum Perdata
| Main Author: | Sari, Ayu Yulia |
|---|---|
| Other Authors: | Thaib, M. Hasballah, Syah, Abdullah, Rangkuti, Ramlan Yusuf |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/30378 |
Daftar Isi:
- There have recently been numerous cases of illegitimate children in our society. Basically, there is no regulation in the Compilation of the Islamic Law on the relationship between the child and the man who is responsible for the child’s birth (henceforth, biological father) so that there will be no law of inheritance between them. This condition has motivated lawmakers, especially those who are involved in making the Civil Code (BW), to make a Testimony Body so that it will create a legal consequence to the child, i.e. the position of the illegitimate child. The problem arises when the man does not want to recognize the child ; in consequence, there will be no legal protection for the child. The research was aimed to explain the criteria of an illegitimate child in the Compilation of the Islamic Law and in the Civil Code, the position of an illegitimate child in the Comilation of the Islamic Law and in the Civil Code, and the legal consequence of an illegitimate child according to the Compilation of the Islamic Law and the Civil Code. This research level used descriptive analytic approach with judical normative design. It was aimed to describe and explain the object and its condition and to analyze the position of an illegitimate child according to the Compilation of the Islamic Law and the Civil Code. The result of the research showed that there was the distinction in principles and criteia between an illegitimate child in the Compilation of the Islamic Law and an illegitimate child in the Civil Code : an illegitimate child in the Compilation of the Islamic Law included (a) illegitimate child, (b) mula’nah child, and (c) subhat child. An illegitimate child in the Civil Code included (a) illegitimate child, (b) sumbang child, and (c) another type of illegitimate child. There is the distinction between the position of an illegitimate child in the Comlilation of the Islamic Law and an illegitimate child in the Civil Code. In the Compilation of theIslamic Law, an illegitimate child has a lineage with his/her mother and his/her mother’s relatives ; whereas in the Civil Code, there are recognized and validation of an illegitimate child. Here, an illegitimate child can be recognized father, his/her position will be equal to the one who is legitimate. The legal consequence of an illegitimate child in the Compilation of the Islamic Law is that he/she has no right to obtain the lineage, financial aid, inheritance, hadhanah (the right to be taken care of), and trusteeship from his/her biological father except from his/her biological mother. In the Civil Code, if an illegitimate child is recognized, he/she will have the right to obtain the lineage, financial aid, inheritance, hadhanah, and trustee from his/her biological father. The wali (the man next of kin and guardian whose consent is reguired for the marriage of a girl and woman) of this illegitimate child is wali hakim (person appointed by the court who is not related to the bride).
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