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Abdul Halim Barkatullah
Faculty of Law, Lambung Mangkurat University, Indonesia

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The Intersection of Court Jurisdiction in Handling Cases Involving Children Born out of Wedlock Amidst Family Law Pluralism in Indonesia Diana Rahmawati; Abdul Halim Barkatullah; Rachmadi Usman; Nurunnisa Nurunnisa
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.319

Abstract

The purpose of this study is to analyze (1) the consistency of the absolute authority limits of Religious Courts and General Courts in handling cases of illegitimate children, and (2) the application of the Principle of Islamic Personality in resolving cases of illegitimate children in judicial practice in Indonesia. This study uses a normative (doctrinal) legal research method to examine the norms and regulations of judicial authority related to handling cases of illegitimate children. The approaches used include the statute, conceptual, and case approaches. The legal materials analyzed consist of primary legal materials and secondary legal materials. First, the pluralism of family law in Indonesia has given rise to a dualism in jurisdiction between Religious Courts and General Courts regarding handling cases of illegitimate children. This has the potential for violations of the absolute authority of the Religious Court institution found in several decisions, including those related to illegitimate children submitted by Muslim parties handled by the District Court. This is influenced by several factors, including historical factors, similarities in disputed objects in civil law, legal vacuum in regulating illegitimate children, as well as different interpretations of the Court Decision No. 46/PUU-VIII/2010. In addition, Religious Courts tend to use a stricter approach in granting requests/lawsuits related to illegitimate children. The results of the second study showed that violations of the absolute jurisdiction of Religious Courts not only violate the provisions of the law but also ignore the Principle of Islamic Personality as the basis of the authority of the Religious Courts, which has the potential to be revoked. Moreover, there are decisions that contradict the substance of Islamic Law.