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All Journal Journal Of Legal Sustainability (JOLS)
Chelsy Seva Amelia
Universitas Muhammadiyah Bengkulu
Law, Crime, Criminology & Criminal Justice

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Protection of a Child's Civil Rights in Disputes Regarding Lineage and Maintenance: An Analysis of Judgment Number 197/Pdt.G/2025/PA.LLG Chelsy Seva Amelia; Sinung Mufti Hangabei; Betra Sarianti; Riri Tri Mayasari
Journal of Legal Sustainability Vol. 3 No. 4 (2026): 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i4.656

Abstract

Disputes regarding a child's origins, coupled with claims for financial support, highlight the complexities involved in protecting the civil rights of children born outside of a lawful marriage. This study aims to analyze the legal reasoning in Lubuklinggau Religious Court Decision Number 197/Pdt.G/2025/PA.LLG concerning the establishment of a biological relationship without DNA testing and the scope of the child's civil rights. The study employs a normative legal research method utilizing case, statutory, and conceptual approaches, with the decision in question serving as the primary object of analysis. Legal materials were analyzed using a descriptive-qualitative method through legal deduction. The findings indicate that the panel of judges limited civil rights to maintenance, education, and healthcare—without establishing ties of lineage (nasab) or inheritance—thereby harmonizing Constitutional Court Decision Number 46/PUU-VIII/2010 with MUI Fatwa Number 11 of 2012. The application of this decision to relationships outside of marriage reflects progressive rechtsvinding (judicial law-finding), yet it leaves unresolved normative tensions. Future research should examine the consistency of this legal construction across other religious court rulings.
Co-Authors Betra Sarianti Hangabei, Sinung Mufti Riri Tri Mayasari