Determination of Nasab Validation of Children Born Outside a Legal Marriage (Study Analysis of the Religious Court Decision Number: 115/PDT.P/2021/PA. Bjb)
DOI:
https://doi.org/10.38035/jlph.v5i3.1271Keywords:
Compilation of Islamic Law, Stipulation of Validation, Nasab Child, Nikah SiriAbstract
The purpose of this study is to briefly explore the factors considered by judges in deciding the offspring status of children born from legal marriages and its legal impact, especially for unregistered children. This research is focused on analyzing regulations related to literature or secondary sources, utilizing a qualitative approach and normative legal methodology. The methods used in this research include a statute-based approach and a case-based approach. The research results show that:1) The judge in his decision rejected the plaintiff's request to affirm the child's relationship with his father. 2) The legal impact on children and women in a siri marriage according to the Overview of Islamic Law is as follows: For the child, it is difficult to obtain a birth certificate because his birth is constrained by administration at the civil registry office. In contrast, the wife's status as a legal spouse is not recognized by state law.
References
Albi Anggito, Johan Setiawan, "Qualitative Research Methodology", (Sukabumi: CV Jejak 2018) p.9.
Made Pasek Diantha, "Normative Legal Research Methodology in Justifying Legal Theory", (Jakarta: Kencana 2016) p.140.
Santoso, M. Agus. 2014. "Law, Morals & Justice A Study in the Philosophy of Law." Kencana: 20-48.
Wasman, Islamic Marriage Law in Indonesia: A Comparison of Fiqh and Positive Law, Yogyakarta, Teras, 2011, p. 37.
Law No. 1 of 1974 concerning Marriage which was updated to Law No. 16 of 2019 concerning Marriage,
Law No. 48 of 2009 on Judicial Power
Religious Court Decision Number (115/PDT.P/2021/PA. BJb), Islamic Law Compilation (KHI)
Amaliya, Lia. "Determination of Child Origins as an Effort for Legal Protection of Children from Siri Marriage (Case Study at the Karawang Religious Court)." University of Buana Perjuangan Karawang 2 (2022): 379–80.
Ediningsih Dwi Utami, Dinda, and Taufik Yahya. "Legal Effects of Siri Marriage on the Rights of Children and Wives in Review of the Compilation of Islamic Law." Zaaken: Journal of Civil and Business Law 3, no. 2 (2022): 228–45. https://doi.org/10.22437/zaaken.v3i2.14767.
Gunawan, Edi. "Siri Marriage and Its Legal Effects According to the Marriage Law." Al-Syir'ah Scientific Journal 11, no. 1 (2013). https://doi.org/10.30984/as.v11i1.163.
Irawan, Farid Pardamean Putra, and Nur Rofiq. "Siri Marriage in the Review of Islamic Law and Law Number 1 Year 1974 on Marriage." Iqtisad: Reconstruction of Justice and Welfare for Indonesia 8, no. 1 (2021): 35. https://doi.org/10.31942/iq.v8i1.4537.
Lukman Daris Salam, Asep. "Legal Analysis of Nasab Rights of Extra-marital Children According to the Constitutional Court Decision Number 46/Puu/Viii/2010." As-Sakinah: Journal of Islamic Family Law 1, no. 1 (2023): 35–60. https://doi.org/10.51729/sakinah11132.
Nasab of Children from Underhand Marriage, Determination, and MSy Amirul Aflah Al Kamal. "Research of Lecturers and Students a/Lp3M/05/2020 Islamic Family Law Study Program," no. September (2023).
Olivia, Fitria. "Legal Consequences for Children from Siri Marriages after the Constitutional Court Decision." Lex Jurnalica 11, no. 2 (2014): 130-42.
Pusvita, Sari. "Civil Rights of Children Outside of Marriage in the Constitutional Court Decision and Its Implications for Inheritance." Ulul Albab: Journal of Islamic Law Studies and Research 1, no. 2 (2018): 31. https://doi.org/10.30659/jua.v1i2.2338.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Herianto Herianto, Sahmiar Pulungan
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish their manuscripts in this journal agree to the following conditions:
- The copyright on each article belongs to the author(s).
- The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0).
- Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).
