Perlindungan Hukum Anak yang Dilahirkan Dari Perkawinan yang Tidak Dicatatkan. (Legal Protection of Children Born from Unregistered Marriages).

Minan, Minan (2023) Perlindungan Hukum Anak yang Dilahirkan Dari Perkawinan yang Tidak Dicatatkan. (Legal Protection of Children Born from Unregistered Marriages). Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

This dissertation research is entitled: Legal Protection for Children Born in Unregistered Marriages. With two formulations of problems or legal issues, (1) The Urgency of Legal Protection for Children Born in Unregistered Marriages and (2) The Concept of Legal Protection for Children Born in Unregistered Marriages. As for the research method for this dissertation, the type of research is normative legal research (normative juridical research), namely research conducted by examining library materials or secondary data. Normative legal research focuses on the study of positive legal norms from the perspective of legal dogmatics, legal theory and legal philosophy. From the results of the discussion, the following conclusions were obtained: (1) The Urgency of Legal Protection for Children Born in Unrecorded Marriages. First, there is a philosophical urgency because all children born to their mothers are pure, do not bear any guilt or sin, so they need legal protection from their biological mother and/or biological father as well as from the government. Second, theoretically children born from unregistered marriages need legal protection because children have dignity and human rights that must be protected by the state, government, law and everyone. Third, according to the Ruling of the Constitutional Court Number: 46/PUUVIII/2010, legally speaking, children born out of unregistered marriages are categorized as the same as "Children born out of wedlock have civil relations with their mothers and their mothers' families as well as with men. as the father who can be proven based on science and technology and/or other evidence according to law has blood relations, including civil relations with his father's family". Fourth, sociologically, children born from marriages that are not registered in the community experience psychological losses, ostracism from the community, difficulty paying for education, health, and other physical welfare; many are treated unfairly/ discriminatory by receiving very bad stigma such as adultery, illegitimate children, illegitimate children and others, so that it can interfere with the mental growth of children and do not get a good place and legal protection in society. (2) The concept of legal protection for children born in unregistered marriages is as follows: (a) children born in parents' marriages according to their religion and belief, but who are not registered at the KUA or civil registry office, are legitimate children. Legitimate children have civil relations with the mother and the mother's family, and have civil relations with the father and the father's family. (b) Children born from parents'xiii marriage according to their religion and belief, but which are not registered at the KUA or the Civil Registry office, are immediately followed up by filing a morning marriage isbath for parents who are Muslim to the competent local religious court and submitting an application for recognition of the child to the competent district court for those whose parents are religions other than Islam. (c) By submitting the isbath of the morning marriage for parents who are Muslim to the competent local religious court and submitting an application for child recognition to the competent district court for those whose parents are of a religion other than Islam, the legal status as a legitimate child has strong evidence, namely the determination of the competent religious court or district court. Keywords: Legal Protection of Children, Marriage, unregistered

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	Legal Protection of Children, Marriage, unregistered
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Doktor Ilmu Hukum
Depositing User:	1331500467 minan minan
Date Deposited:	20 Feb 2023 04:45
Last Modified:	08 May 2023 02:38
URI:	http://repository.untag-sby.ac.id/id/eprint/22919

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