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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum El 'Aailah
Sunanta, Sunanta
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perkawinan Campuran Perspektif Undang-Undang Perkawinan di Indonesia Sunanta, Sunanta
El 'Ailaah Vol 4 No 1 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i1.270

Abstract

This study aims to find out how mixed marriage is in the review of the Marriage Law in Indonesia. This study uses a type of library study that is qualitative. The results of this study show that mixed marriage is generally the same as the implementation of ordinary (non-mixed) marriage. The stages are also the same as the marriage recorded in the KUA and special requirements for parties of different nationalities, including the permission of the embassy of the other race's home country, which makes it clear that there are no obstacles in marriage. Marriage registration is important in mixed marriages, not only as an administrative order but also as a legally binding and appropriate force.
Perkawinan Campuran Perspektif Undang-Undang Perkawinan di Indonesia Sunanta, Sunanta
El 'Ailaah Vol 4 No 1 (2025): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v4i1.270

Abstract

This study aims to find out how mixed marriage is in the review of the Marriage Law in Indonesia. This study uses a type of library study that is qualitative. The results of this study show that mixed marriage is generally the same as the implementation of ordinary (non-mixed) marriage. The stages are also the same as the marriage recorded in the KUA and special requirements for parties of different nationalities, including the permission of the embassy of the other race's home country, which makes it clear that there are no obstacles in marriage. Marriage registration is important in mixed marriages, not only as an administrative order but also as a legally binding and appropriate force.
THE LEGAL STATUS OF CHILDREN NOT IN MARRIAGE FROM THE PERSPECTIVE OF POSITIVE AND ISLAMIC LAW Sunanta, Sunanta
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6611

Abstract

The study aims to present the phenomena, their contributing variables, and the effects of children's legal status outside of marriage. In this instance, the author presents the Cirebon Religious Court's Determination No. 13/Pdt.P/2022/PA—CN case study. Three methods are used to acquire data: documentation, interviews, and observation. Editing, classification, verification, and analysis are among the methodical steps used in data processing and analysis. Based on the findings of this study, it can be said that children lose some of their rights to their biological parents when a marriage fails or is harmed because it does not meet Islamic law's conditions for marriage harmony. The fact that Petitioner I married Petitioner II within the iddah period from her ex-husband is one of the most deadly reasons for marital dissolution in this instance. The child is the most disadvantaged party. Except for a required will, a child cannot be assigned to his biological father, loses guardianship status, and is not entitled to an inheritance in the event of his father's death. The Constitutional Court stepped in to provide clarification in response to this debate by ruling that biological fathers must continue to pay for their children's upbringing, education, and medical care until adulthood.
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