Nofita S, Putri (2018) TINJAUAN YURIDIS TERHADAP KEDUDUKAN DAN HAK WARIS ANAK LUAR KAWIN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM. Undergraduate thesis, Fakultas Hukum UNISSULA.
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Abstract
The controversy over the position of child out of marriage becomes a serious problem in marriage in Indonesia where the rights derived differ from the legal rights of children. On the other hand the need for the position og the child is very necessary because it relates to the protection of children in terms of the child’s own crtility from parenting to inheritance. It is therefore interesting to be judicially reviewed about the status and right of inheritance of the child outside of marriage of the problem formulation as follows: 1) How the position of the child outside of marriage according to the Marriage Low No.1 of 1974 and the Islamic Law Compilation; 2) What is the status of the inheritance of the child outside of marriage according to the Marriage Law No.1 of 1974 and the Islamic Law Compilation; 3) How is the right of inheritance of Constitutional Court No. 46/PUU-VIII/2010 in the case No. 0156/Pdt.P/2013/PA.JS. The research used normative juridical approach method within descriptive analytical research specification, this research is done by reviewing the Law of Marriage No. 1 of 1974 and the Islamic Law Compilation. With the data source is derived from secondary data and data analysis used is descriptive qualitative with data collection technique using literature study. Based on the result of the research, it can be seen that: 1) the position of the child outside of marriage only has civil relationship with her mother and her mother's family in accordance with Article 43 paragraph (1) Law No.1 of 1974 and Article 100 Compilation of Islamic Law (KHI) has a nasab relationship with her mother and her mother's family. 2) the status of inheritance rights of children outside marriage in the Marriage Law No.1 of 1974 there is no clarity of Article regarding the right of inheritance of children outside of marriage, but on that matter can be related to Article 43 paragraph (1).Therefore, the child outside of marriage only has inherited relationship with her mother and her mother's family only. The status of inheritance rights of children outside marriage in the Compilation of Islamic Law (KHI) only has a mutual inheritance relationship with his mother and the family of his mother, in accordance with Article 186 Compilation of Islamic Law (KHI). Therefore, the child is not entitled to the cost of life, education, livelihood and inheritance rights, marriage guardianship rights according to father for daughter of her father, 3) inheritance rights of the married child after the Constitutional Court ruling that the Constitutional Court decision has given clarity to the legal status (1) that can have a civil relationship with her father that can be proved by science or technology, civi. The right of inheritance of the child outside of marriage after the decision of the Constitutional Court in the case no. 0156 / Pdt.P / 2013 / PA.JS indicates that the judge in deciding the cases of inheritance of the child outside of marriage does not get inheritance, but only limited to fulfill the life requirement of the child until adult or stand alone and will be maximum of 1/3 of the obligation. Keywords: Outher Child Marriage, Position, Inheritance
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Oct 2018 02:47 |
| Last Modified: | 30 Oct 2018 02:47 |
| URI: | http://repository.unissula.ac.id/id/eprint/11792 |
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