Rofii, Ismail Muchlis and , Diana Setiawati, S.H., LL.M. (2024) Putusan Mahkamah Konstitusi No. 46/PUU/VIII/2010 Mengenai Hak Keperdataan Anak Di Luar Perkawinan Perspektif Maslahah Mursalah. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Since the Constitutional Court Decision Number 46/PUU-VIII/2010 has expanded the definition of an illegitimate child, which means giving birth to an illegitimate child whose civil status can be attributed to his biological father as long as his blood ties canbe proven using technology such as DNA (Deoxyribonucleic Acid) Testing or other legal evidence. And after the ruling was passed, theories began to circulate that the ruling indicated that unregistered marriages were now legal, whereas the purpose of the law that had just been enacted was to protect newlyweds from legal problems in the future. This research aims to determine the destiny of children born outside of marriage based on Constitutional Court Decision No. 46/PUU/VIII/2010 and Islamic Law as well as to find out the Civil Rights of Children Outside of Marriage from a Maslahah Muraslah Perspective. The method used in this research is a sociological empirical approach with a qualitative research type that uses interview techniques and literature study. The results of this research show that: 1. The relationship between children born outside of marriage remains with the mother and her mother's family. So it does not directly refer to the decision of the constitutional court Number 46/PUU/VIII/2010, but in cases like this you must also pay attention to the origin of the child. Origin is one of the main factors in determining a judge's decision in a case. 2. Maslahah mursalah's hujjahan is not used based on ego or biased human tendencies so that the laws of jurisprudence are taken into consideration before considering the decision of the constitutional court. If the decision of this constitutional court affects every element below it in a binding manner, then the generality of benefits becomes the benchmark that must be measured in this criterion. In this case, the constitutional court's mdecision is understood by researchers to be something whose generality is uncertain, because the nature of the fear of child discrimination in this case is still in the estimation (zhanniyyah) stage.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Putusan Mahkamah Konstitusi, Anak Luar Perkawinan, Nasab, Maslahah Mursalah |
| Subjects: | K Law > KI Indonesia Law > KP Hukum Perdata |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | ISMAIL MUCHLIS ROFII |
| Date Deposited: | 12 Feb 2024 04:02 |
| Last Modified: | 12 Feb 2024 04:02 |
| URI: | http://eprints.ums.ac.id/id/eprint/121730 |
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