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Zeko Purnama Saputra
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Kedudukan Anak Zina di Lima Puluh Kota Ditinjau dari Kriminologi dan Hukum Islam Zeko Purnama Saputra; Helfi Helfi
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.499

Abstract

Social exclusion of children born out of wedlock remains a persistent social problem in Indonesian society, including in Nagari Guguak VIII Koto, Guguak District. Children with this birth status frequently encounter stigma and discriminatory treatment because communities often associate their circumstances with the conduct of their parents. Such conditions adversely affect children’s social interactions, emotional well-being, and psychological development. This study aims to identify the forms of social exclusion experienced by children born out of wedlock and to analyze these practices from the perspectives of Indonesian positive law and Islamic criminal law. This research employed an empirical juridical method with a qualitative approach. Data were collected through interviews, observations, documentation, and literature reviews involving community leaders, village officials, and families directly affected by the issue. The findings reveal that social exclusion manifests through verbal abuse, negative labeling, restrictions on participation in social activities, and discriminatory treatment within the community. These experiences contribute to diminished self-confidence, psychological distress, and difficulties in social adjustment among affected children. From the perspectives of Indonesian positive law and Islamic criminal law, such discriminatory practices violate the principles of child protection, justice, equality, and human rights because children cannot be held responsible for circumstances arising from their parents’ actions. Therefore, stronger legal awareness and community-based interventions are necessary to prevent discrimination and ensure the fulfillment of children's rights and dignity without distinction. Educational institutions and local authorities should promote inclusive attitudes through socialization and child protection initiatives at the community and family levels consistently and sustainably.