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Layla Hasfajira Br. Tambunan
Universitas Islam Negeri Sumatera Utara
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Legal Analysis of Legal Protection for Children Born Outside of Marriage According to the Civil Code, Law No. 1 of 1974 concerning Marriage, and Law No. 35 of 2014 concerning Child Protection Siti Nurjannah Lase; Nada Adista Rambe; Nazwa Ghea Moelanda; Hadi Rafli Maulana Siregar; Layla Hasfajira Br. Tambunan
Jurnal Sahabat ISNU SU Vol. 2 No. 2 (2025): ISNU Sahabat September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i2.853

Abstract

Legal protection for illegitimate children in Indonesia is a crucial issue that remains a frequent focus in family law studies. Children born outside of marriage, often referred to as illegitimate children, often face significant legal challenges related to their legal status, inheritance rights, and protection of their well-being. This study aims to analyze the legal protection of illegitimate children from a civil law perspective in Indonesia. Illegitimate children often face discrimination and injustice, both in terms of legal status, inheritance rights, and other protections that every child should receive. This study uses a normative juridical approach by examining various applicable laws and regulations, such as the Civil Code (KUHPerdata), Law No. 1 of 1974 concerning Marriage, and Law No. 35 of 2014 concerning Child Protection, as amended. The analysis found that although civil law provides protection for illegitimate children, there are loopholes that allow for injustice to these children, particularly in terms of recognizing child status, inheritance rights, and regulating relationships with biological parents. This study suggests the need for legal reform to provide better protection and ensure that the rights of children born out of wedlock can be accommodated more fairly in accordance with the principles of human rights protection and child welfare.
Comparison of Criminal Sanctions in Sharia Law and Positive Law: Jinayah Fiqh Perspective Siti Nurjannah Lase; Layla Hasfajira Br. Tambunan; Aufiya Muhammad Syukri Alghiffary; Gilang Ade Prabowo
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.921

Abstract

This study aims to examine the comparison of criminal sanctions in Sharia law and positive law, with an emphasis on the view of Jinayah Fiqh. Sharia law, based on the Qur'an and Hadith, stipulates severe punishments and often severe sanctions for certain violations, such as hudud, qisas, and ta'zir. In contrast, positive laws applied in Indonesia emphasize the principles of restorative and rehabilitative justice, with sanctions varying from prison sentences to fines. This study applies a qualitative method with a comparative analysis approach to investigate the differences and similarities in the application of sanctions in the two legal systems. The findings of the study indicate that despite fundamental differences in methods and types of punishment, the two legal systems have a similar goal, which is to achieve social justice and order. By analyzing this comparison, it is hoped that similarities will be found between the two legal systems that can enrich law enforcement practices in Indonesia. This study contributes to the academic discourse on the merging of Sharia law and positive law within the framework of legal pluralism in Indonesia.
Co-Authors Aufiya Muhammad Syukri Alghiffary Gilang Ade Prabowo Hadi Rafli Maulana Siregar Nada Adista Rambe Nazwa Ghea Moelanda Siti Nurjannah Lase