Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Fox Justi : Jurnal Ilmu Hukum Damhil Law Journal
Limonu, Hardiyanto Putra
Unknown Affiliation
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Legal Considerations in Appointing a Marriage Guardian for a Child Born Out of Wedlock Limonu, Hardiyanto Putra
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2039

Abstract

Marriage, as a sacred bond encompassing both physical and spiritual dimensions, necessitates recognition under positive law. This study aims to identify and analyze the legal status of marriage guardians for children born out of wedlock and the factors influencing the determination of such guardianship in Gorontalo City. Utilizing an empirical research approach, the study examines relevant legal frameworks and administrative practices. The analysis reveals that in Gorontalo City, the legal status of marriage guardians for children born out of wedlock is generally assigned to a court-appointed guardian. However, if the child is born more than six months after the parents' marriage, a lineage-based guardian may be appointed instead. Additionally, nine Religious Affairs Offices consistently apply the same legal status for children born out of wedlock. The factors influencing the determination of marriage guardianship in Gorontalo City include the completeness of the prospective bride and groom's documentation. The findings highlight the importance of standardized legal procedures to ensure the protection and welfare of children born outside of marriage.
Implementation of Constitutional Court Decision No. 46/PUU-VIII/2010 in the Examination of the Eligibility of Marriage Guardians for Children Born Out of Wedlock Limonu, Hardiyanto Putra; Nasrullah, Nasrullah
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research is motivated by the legal changes following the Constitutional Court Decision No. 46/PUU-VIII/2010, which opened the opportunity for recognizing civil relations between illegitimate children and their biological fathers. However, its implementation in the practice of examining the suitability of marriage guardians at the KUA (Religious Affairs Office) still faces several obstacles. The purpose of this research is to analyze how the decision is implemented at the KUA of Gorontalo City and to identify the obstacles that arise in administrative practice. The research uses an empirical legal approach through interviews with the head of the KUA and analysis of marriage examination documents, and is supplemented by a normative study of the Compilation of Islamic Law and the Constitutional Court Decision. The research findings indicate that the Office of Religious Affairs (KUA) still tends to rely on administrative documents as the basis for determining guardianship, and when evidence is deemed inadequate, appointing a guardian by a judge is the safest option. The Constitutional Court's ruling has not been fully implemented due to the lack of technical guidelines, limited staff capacity, and the influence of social factors and stigma. These findings underscore the need for harmonization of norms, clear technical guidelines, and strengthening institutional capacity to ensure more effective implementation of the rights of illegitimate children
Co-Authors Nasrullah Nasrullah