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All Journal Unes Law Review Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Ulum, Mukhamad Bahrul
Unknown Affiliation
Religion Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Perlindungan Hukum Bagi Korban Pemerkosaan Sedarah yang Melakukan Aborsi Ditinjau dari Hak Asasi Perempuan Gita Yunita, Eka; Ulum, Mukhamad Bahrul
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 6 No. 1 May 2024
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v6i1.8839

Abstract

This research aims to identify cases of rape victims committed by blood parties where the victim has experienced pregnancy and followed by abortion, this research will be reviewed through Women's Human Rights. Women are entitled to receive justice and legal protection by the government. Abortion or better known by its legal term, abortus procatus which in Latin has the meaning and meaning of deliberate abortion of the womb. Abortion is one of the many health cases that claim many victims, abortion is also one of the health cases included in the criminal act. Criminal regulation of abortion is not without reason, this is done one of them with the aim of saving women's health. Departing from one of the cases that occurred in the community, especially in Batang hari district, where the victim was raped by her own biological brother to experience pregnancy and abortion. The research method used in this study uses normative research using legal norms using a case approach. The results can be concluded that all forms of legal provisions regarding abortion, stating that the act of abortion is not allowed unless there are certain indications that allow it. So that there needs to be legal corrective action related to abortion, especially in certain conditions in order to create a sense of security and justice for others.
Kewarisan Anak Hasil Sewa Rahim di Indonesia Ditinjau dari Aspek Nasab Ulum, Mukhamad Bahrul
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1622

Abstract

The purpose of this research is to know the inheritance of children from uterine leasing in Indonesia from the perspective of nasab. The method used in this research is normative juridical method. The data used is secondary data in the form of law books, scientific journals, and laws and regulations related to the topic of discussion. This research is descriptive analytical. This research uses the Ta'lily approach. While the theory used is the theory of inheritance (nasab). The results of the study indicate that the civil relationship is owned by the child from the results of renting a uterus with a surrogate mother. So, those who can inherit each other are the child and the surrogate mother, if the surrogate mother is bound by a legal marriage, her husband also has a link to the inheritance of the child she gave birth to. If the husband and wife who gave the fetus want to inherit the child from uterine leasing, it is necessary to use inheritance or a will with testamentair.
Kewarisan Anak Hasil Sewa Rahim di Indonesia Ditinjau dari Aspek Nasab Ulum, Mukhamad Bahrul
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1622

Abstract

The purpose of this research is to know the inheritance of children from uterine leasing in Indonesia from the perspective of nasab. The method used in this research is normative juridical method. The data used is secondary data in the form of law books, scientific journals, and laws and regulations related to the topic of discussion. This research is descriptive analytical. This research uses the Ta'lily approach. While the theory used is the theory of inheritance (nasab). The results of the study indicate that the civil relationship is owned by the child from the results of renting a uterus with a surrogate mother. So, those who can inherit each other are the child and the surrogate mother, if the surrogate mother is bound by a legal marriage, her husband also has a link to the inheritance of the child she gave birth to. If the husband and wife who gave the fetus want to inherit the child from uterine leasing, it is necessary to use inheritance or a will with testamentair.
Co-Authors Gita Yunita, Eka