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All Journal Muqaranah QISTINA: Jurnal Multidisiplin Indonesia
Utami, Adelya Putri
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Religion Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Social Sciences

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Implementation of Application for Recognition of Illegitimate Children Based on Judge's Determination (Religious Court Determination Study Number 161/PDT.P/2023/PA.TNK) Bachri, Erlina; Utami, Adelya Putri
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 1 (2024): June 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i1.2094

Abstract

Marriage as an action that drives the development of life does not only apply to humans, but also plants and animals. Marriage defines marriage as a physical and spiritual bond between a man and a woman to form a happy and eternal family, based on belief in the Almighty God. The purpose of marriage, among other things, is to produce offspring. Children are considered a gift and responsibility that must be supervised because they have value, position and rights as human beings. Children's rights are recognized in the 1945 Constitution and the Child Protection Law, but children born out of wedlock face legal challenges regarding their status and rights. This article highlights the legal problems of children outside of marriage. Children born out of wedlock have a complex legal status and are often not recognized in aspects of care, inheritance rights and the validity of the birth certificate. This has a major impact on the child's welfare and is a burden for the mother and her family. The application process for determining the origin of children outside of marriage in Indonesia is regulated in the Marriage Law. This research focuses on the implementation of requests for recognition of illegitimate children through a case study of Religious Court Determination Number 161/PDT.P/2023/PA.TNK. It is hoped that the research results will provide a deeper understanding of the legal process for recognizing children outside of marriage and its impact on children's rights. In addition, this research will evaluate the extent to which the legal system is able to protect the rights of children born out of wedlock and provide recommendations for further improvements in order to increase justice and legal protection for children born out of wedlock.
Hak Perempuan dan Hukum Perceraian Islam: Antara Otonomi Agama dan Perlindungan Minoritas Utami, Adelya Putri; Rodliyah, Nunung; Tamza, Fristia Berdian; S, Sepriyadi Adhan; Kasmawati, Kasmawati
Muqaranah Vol 9 No 2 (2025): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v9i2.31989

Abstract

The application of Islamic divorce law in societies that adhere to legal pluralism presents unique challenges, particularly in the context of protecting women's rights when the Muslim community is a minority. In a number of countries, Islamic family law is still used as an internal guideline for Muslim communities in resolving divorce and property division issues. However, this practice often conflicts with human rights principles, particularly those related to gender equality. This study aims to analyze how pluralistic countries balance respect for religious freedom with the state's obligation to protect individual rights. The research methodology used is a qualitative approach with normative and comparative juridical methods, through analysis of legislation, court decisions, and legal literature in the United Kingdom, India, and Indonesia. The study results indicate that the protection of women's rights should not be compromised in the name of cultural tolerance or religious autonomy. The state has a crucial role to ensure that the application of religious law is fair, voluntary, and transparent, and in line with the principles of justice and equality for all citizens.
Co-Authors Bachri, Erlina Kasmawati Kasmawati Nunung Rodliyah S, Sepriyadi Adhan Tamza, Fristia Berdian