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All Journal Syntax Literate: Jurnal Ilmiah Indonesia WAJAH HUKUM Legal Standing : Jurnal Ilmu Hukum Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora ARBITRASE: JOURNAL OF ECONOMICS AND ACCOUNTING Riwayat: Educational Journal of History and Humanities
Yani, Encep Ahmad
Fakultas Ilmu Hukum, Universitas Pasundan
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Journal : Legal Standing : Jurnal Ilmu Hukum

 1 
Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11890

Abstract

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.
Perlindungan Hak Waris Anak yang Lahir dari Perkawinan Tidak Tercatat Menurut Kompilasi Hukum Islam Adjani, Muhammad Ahnaf; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12366

Abstract

This study examines the protection of inheritance rights of children born from unregistered marriages according to the Compilation of Islamic Law (KHI) using descriptive qualitative methods and a normative legal approach. The purpose of the study is to describe in detail the facts on the ground while analyzing applicable legal norms and their conformity with community practices. Data collection techniques were carried out through a literature study including books, journals, articles, laws and regulations, and relevant documents, which were then critically analyzed to produce a comprehensive understanding. The results show that unregistered marital status has a significant impact on the legal recognition of children as heirs. According to the KHI, children are the primary heirs, but this provision only applies to children born from legal and officially registered marriages. Children born outside of registered marriages generally do not receive inheritance rights from their biological fathers, unless there is legal recognition or a court decision. In practice, the protection of children's inheritance rights is often hampered by patriarchal culture, low legal literacy, and differences between customary law and Islamic law. Daughters, children born out of wedlock, and adopted children tend to be more disadvantaged in inheritance distribution. As a solution, marriage confirmation at the Religious Court is the primary step in legalizing marital status, thereby granting children legal status as heirs. Another alternative is to adhere to Constitutional Court Decision No. 46/PUU-VIII/2010, which allows illegitimate children to inherit from their biological father with proof of a civil relationship. Increasing public legal awareness and facilitating access to marriage registration are key to ensuring fair protection of children's inheritance rights in accordance with Islamic principles of justice and national law.
Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11890

Abstract

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.
Co-Authors Adjani, Muhammad Ahnaf Assyifa Rachmat, Lavita Atip Latipulhayat Dedy Hernawan Hadiwidjaja, Moch Eryans Putri, Suci Rocky Widjajanto, Haswar