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JURIDICAL ANALYSIS OF THE APPLICATION FOR THE ORIGIN OF CHILDREN OUT OF WEDLOCK AGAINST THE CHILD PROTECTION LAW (CASE STUDY AT THE BATAM RELIGIOUS COURT) Erniyanti; Cut Ria Mariana; Parameshwara
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4054

Abstract

Legal matters concerning the status of children born out of wedlock remain intricate and necessitate specialized treatment within the national legal framework, particularly with the safeguarding of children's civil rights. A legal measure to secure recognition for children born out of wedlock involves applying to the establishment of parentage in the Religious Court. This study seeks to examine the legal foundations and procedures for applications concerning the status of out-of-wedlock children presented to the Batam Religious Court. It aims to assess the implementation and legal ramifications of the court's rulings on the legal status of these children and their implications for the children's civil rights, while also formulating legal solutions to enhance protection for children born outside of wedlock. This study employs normative juridical and empirical juridical methodologies by analyzing laws and regulations, specifically Constitutional Court Decision No. 46/PUU-VIII/2010, alongside five rulings on child origin cases from the Batam Religious Court as primary data sources. The theoretical framework employed includes Justice Theory as the overarching theory, Legal System Theory as the intermediary theory, and Maslahah Mursalah Theory as the practical application theory. The research findings indicate that the Batam Religious Court typically dismisses applications about a child's lineage in the absence of acceptable marital evidence under Islamic law, despite the presence of biological evidence such as DNA test results. Consequently, the child fails to establish a civil relationship with their father and forfeits certain essential legal rights. Consequently, the alignment of Islamic law, national law, and population administration law is essential, along with the formulation of a national Standard Operating Procedure that prioritizes child protection and non-discrimination principles.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS IN IMMIGRATION (A RESEARCH STUDY AT THE CLASS II IMMIGRATION OFFICE OF TANJUNG BALAI KARIMUN) Ramono Winawan; Soerya Respationo; Parameshwara
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4021

Abstract

Border areas such as Tanjung Balai Karimun have a strategic position as entry and exit points for foreign nationals (WNA), thus requiring strict and effective immigration supervision. One form of such supervision is the implementation of immigration administrative measures, as stipulated in Law No. 6 of 2011 concerning Immigration. However, in practice, the implementation of administrative measures such as refusal of entry, deportation, and prevention still faces various obstacles. This study aims to analyze the legislation, implementation, obstacles, and solutions for the implementation of immigration administrative measures at the Tanjung Balai Karimun Class II Immigration Office. This study uses a normative legal approach and an empirical legal approach with a sociological approach (socio-legal approach). Legal materials were obtained through document studies, interviews with immigration officials, and direct observation of the implementation of administrative measures in the field. The results of the study indicate that, from a normative perspective, the laws and regulations governing administrative measures are adequate and comprehensive, supported by implementing regulations such as Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023 and Ministerial Regulation No. 2 of 2025. However, from an implementation perspective, its implementation remains ineffective due to limited human resources, inadequate intelligence training, a lack of supporting facilities, weak inter-agency coordination, and low public legal awareness. Therefore, increasing institutional capacity, enhancing cross-sectoral coordination, utilizing intelligence technology, and providing legal education to the public are necessary strategies to systematically improve the effectiveness of immigration administrative actions.