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All Journal Muhammadiyah Law Review Juridisch Denken
Adhimaz Kondang Pribadi
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Law, Crime, Criminology & Criminal Justice

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Perkawinan Poligami: Studi Komparatif Hukum Islam dan Hukum Perdata Dalam Pembagian Harta Waris Aditia Urbaningrum; Adhimaz Kondang Pribadi
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4972

Abstract

Polygamous marriage is the marriage of a man with more than one woman at the same time. In polygamous marriages, inheritance disputes become a problem that often occurs. This is due to injustice in the distribution of inheritance and lack of understanding and knowledge of the law. The division of inheritance in polygamous marriages under Islamic law is based on the Compilation of Islamic Law Article 94 as well as in Surah An-Nisaa verse 12. While in the division of polygamous marriage inheritance in civil law is based on article 852a of the Civil Code, where in the division of heirs if the marriage is the second or subsequent marriage, and from the marriage that used to have a child or offspring of the child, the husband / wife must not inherit more than the distmayed part received by one of the children and the husband / wife part should not be more than 1/4 of the heir's inheritance.
Pengganti Kehamilan Lintas Negara dan Kekosongan Hukum dalam Hukum Keluarga Indonesia: Perlindungan Status Anak dalam Perspektif Hukum Islam, Hukum Perdata Internasional, dan Hak Anak Intan Pelangi; Adhimaz Kondang Pribadi
Muhammadiyah Law Review Journal Vol 10 No 2 (2026): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v10i2.5452

Abstract

Cross border surrogacy presents complex legal issues in Indonesia because no specific rule determines the legal status of a child born through a surrogacy arrangement abroad, while Article 58 of Law Number 17 of 2023 permits assisted reproduction only when an embryo created from a married couple's own gametes is implanted in the wife from whom the ovum originated. Existing discussions commonly separate the permissibility of surrogacy, nasab (lineage), foreign parentage, citizenship, and children's rights. The research gap lies in the absence of an integrated Indonesian framework that distinguishes the invalidity of the adult arrangement from the continuity of the child's legal status. This normative legal study applies statutory, conceptual, case, and functional comparative approaches, comparing Indonesia with France, the United Kingdom, and India. The study identifies four dimensions of legal vacuum: substantive parentage rules, conflict of laws rules, judicial and registration procedures, and inter institutional coordination. Its novelty is a two-track status separation model: an ex ante track that retains prohibition or strict restriction of surrogacy, and an ex post track that guarantees birth registration, nationality assessment, judicial determination of parentage, non-abandonment, maintenance, and access to origin information according to the child's best interests. Thus, protecting the child does not legalise surrogacy; it prevents the rejection of adult conduct from becoming the legal abandonment of the child.
Co-Authors Aditia Urbaningrum Intan Pelangi