Hak Keperdataan Anak Luar Kawin Ditinjau Dari Hukum Islam dan Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010. (Civil Rights of Unmarried Children Reviewed from Islamic Law and Constitutional Court Decision Number 46/PUU-VIII/2010).

Dwiyanti, Sekar (2023) Hak Keperdataan Anak Luar Kawin Ditinjau Dari Hukum Islam dan Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010. (Civil Rights of Unmarried Children Reviewed from Islamic Law and Constitutional Court Decision Number 46/PUU-VIII/2010). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Children born out of wedlock are those born outside of a legal marriage, having only civil relationships with their mother and her family. As a result, these children do not have legal ties to their father, neither in terms of financial support, education, nor inheritance. Constitutionally, every child is entitled to their rights as guaranteed by the law and should not be subjected to discriminatory treatment. Following Constitutional Court Decision Number 46/PUU-VIII/2010, children born out of wedlock will now have civil relationships with their biological fathers. The problem statements discussed in this research are “how is the civil rights of children born out of wedlock viewed from the perspective of Islamic law” and “how is the civil rights of children born out of wedlock viewed in the Constitutional Court’s decision No. 46/PUU-VIII/2010”. The research method used in this legal study is normative legal research, conducted to find solutions to existing legal issues. The approaches used include the conseptual approach, statue approach, and case approach. The aim of this research is to understand and describe the civil status of children born out of wedlock in the context of Islamic law and Constitutional Court Decision Number 46/PUU�VIII/2010. The results of this study indicate that according to Islamic law, a child born out of wedlock has a lineage relationship with the mother and her family but lacks a legal connection with the father. Therefore, a child born out of wedlock is not entitled to civil rights in the form of lineage rights and maintenance rights from the father. However, after the Constitutional Court Decision No. 46/PUU-VIII/2010, A child born out of wedlock establishes a civil relationship not only with the mother and her family but also with the father, provided it can be scientifically and technologically proven. As a result, a child born out of wedlock has the right to receive maintenance, education, and inheritance in wasiat wajibah. In the event that the child wishes to marry, the marriage will be officiated by Magistrate.

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Extramarital Children; Islmaic law; Constitutional Court Decision; Civil Right
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User:	1312000211 Sekar Dwiyanti
Date Deposited:	05 Mar 2024 03:06
Last Modified:	05 Mar 2024 03:06
URI:	http://repository.untag-sby.ac.id/id/eprint/28834

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