Murdiono Murdiono
Universitas Syekh Yusuf Al-Makassari Gowa

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HAK WARIS ANAK DILUAR NIKAH PERSFEKTIF HUKUM ISLAM DAN PERDATA Widhy Andrian Pratama; Adis Nevi Yuliani; Djulya Eka Pusvita; Murdiono Murdiono
Jurnal Jendela Hukum Vol 12 No 2 (2025): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4660

Abstract

An illegitimate child refers to a child born from a relationship outside of a legal marriage at a certain time. The status and position of the child are highly dependent on the legality of the marriage of his parents. Based on National Law, a marriage is considered valid if it is registered by an authorized institution or agency. A child born out of wedlock only has a legal relationship with his mother and is entitled to inherit property from the mother's side. If the child's blood relationship with his biological father is severed, then the child's inheritance rights only apply to the mother's family, and not to the biological father's family. Therefore, an illegitimate child is not entitled to receive an inheritance from his biological father. However, this provision only applies in terms of the distribution of inheritance to illegitimate children. The recipient of the inheritance is an individual who has legal inheritance rights, such as Zawil Khurd and Zawir Alham. This article adopts a normative research approach, which utilizes literature and books as sources to analyze doctrine from a normative perspective. In the study of normative law, the main focus lies on understanding the essence and scope of law as a system that studies reality. This discipline involves two aspects, namely analytical and normative, with law included in this category. It can be concluded that illegitimate children have the right to inherit together with heirs from groups I, II, III, or IV, and can receive inheritances even though they come from groups with different degrees. However, in certain situations, if heirs from groups I to IV do not leave descendants and there are only illegitimate children, then the legitimate illegitimate children are recognized as heirs who have the right to receive all inheritance, in accordance with the provisions of Article 865 of the Civil Code. In marriage law, the legal status of illegitimate children is regulated by Law Number 1 of 1974, specifically Article 43 paragraph (1), which states that illegitimate children only have a civil relationship with their mother and family. Therefore, illegitimate children are only legally bound to their mother and family, without any legal relationship with the father who raised them.
PENYELESAIAN SENGKETA PERDATA MELALUI MEDIASI DI KELURAHAN TOMBOLO KECAMATAN SOMBA OPU Ayu Chairun Nisa Ayu Chairun Nisa; Djulya Eka Pusvita Djulya Eka Pusvita; Murdiono Murdiono; Arini Asriyani Arini Asriyani; Widhy Andrian Pratama Widhy; Halimah Endang Widyaningsih; Adis Nevi Yuliani Adis
'Ibadatuna : Jurnal Pengabdian Masyarakat Vol 4 No 01 (2025): Ibadatuna Januari 2025
Publisher : P3M Sekolah Tinggi Agama Islam Miftahul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55120/ibadatjurnal.v4i01.2142

Abstract

Mediation helps to rebuild trust, improve communication, and restore relationships that have been damaged by conflict. Research shows that mediation can provide significant improvements in employment relationships, reduce levels of conflict in the workplace, and contribute to increased productivity. The official implementation of mediation is rooted in social dynamics that reflect public dissatisfaction with the performance of the judiciary, which has so far acted as the only institution for resolving disputes. The implementation of Community Service (PKM) is an integral part of the implementation of the Tridharma of Higher Education carried out by lecturers from the Law Department, Faculty of Law, Syekh Yusuf Al-Makassari University, Gowa. This activity aims to provide real contributions through the provision of legal services in the form of legal assistance and assistance in order to provide direct benefits and have a positive impact on the community. This activity took place on Thursday, April 17, 2025, at Jalan, Paccalayya No. 1 Lingkungan Pa'bangiang, Gowa Regency, South Sulawesi. The main focus of this PKM activity is to provide direct legal assistance to people in need. From the results and outputs of community service, it can be concluded that legal mediation is a method of dispute resolution involving a neutral mediator and the disputing parties. This process emphasizes a collaborative approach and reduces hostility. The success of legal mediation is highly dependent on its ability to facilitate effective communication, create open dialogue space, and formulate solutions that are mutually acceptable to all parties involved