Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Dicky Eko Prasetio
Universitas Negeri Surabaya, Surabaya, Indonesia

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The Problematics of the Legal Standing of Deoxyribonucleic Acid (DNA) Test Results Concerning Civil Relationships of Illegitimate Children: A Legal Pluralism Perspective Fradhana Putra Disantara; Dicky Eko Prasetio; Geraldha Islami Putra Disantara; Briggs Samuel Mawunyo Nutakor
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.5156

Abstract

Decision No. 46/PUU-VIII/2010 by the Constitutional Court has introduced legal challenges, particularly concerning the acceptance of DNA testing as evidence for establishing civil relationships between a child and their biological parent. This study aims to analyze the legal issues surrounding the use of DNA testing to prove civil rights of illegitimate children and the aspects of legal pluralism related to this use. The research employs a normative legal approach, utilizing case, conceptual, and legislative analyses. Findings indicate that the legal issues with DNA testing for establishing the civil rights of illegitimate children stem from the Constitutional Court's decision, which has not fully considered the legal pluralism perspective, leading to potential application challenges. Post-decision, DNA testing reflects a weak legal pluralism where the Court's ruling is not easily applicable due to conflicts with Islamic law as outlined in Article 100 of the Compilation of Islamic Law (KHI). Consequently, it is recommended that the Constitutional Court and judicial institutions consider legal pluralism aspects in their decisions to strengthen legal pluralism, ensuring that court rulings are optimally implemented in alignment with existing and practiced legal frameworks within society.
Co-Authors Briggs Samuel Mawunyo Nutakor Fradhana Putra Disantara Geraldha Islami Putra Disantara