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All Journal Jurnal Kependidikan: Penelitian Inovasi Pembelajaran Socia : Jurnal Ilmu-Ilmu Sosial Proceedings of Annual International Conference Syiah Kuala University - Life Sciences & Engineering Chapter PREMISE LAW JURNAL Dinamika Pendidikan Agrimeta: Agrimeta: Jurnal Pertanian Berbasis Keseimbangan Ekosistem JMBI UNSRAT (Jurnal Ilmiah Manajemen Bisnis dan Inovasi Universitas Sam Ratulangi) FOUNDASIA Agrofarm, Jurnal Agroteknologi
Farida Hanum
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Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Decision Sciences, Operations Research & Management Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : PREMISE LAW JURNAL

 1 
STATUS ANAK YANG DILAHIRKAN DARI PERKAWINAN WANITA HAMIL KARENA ZINA MENURUT KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN FARIDA HANUM
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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Abstract

The result of the research shows that the regulation on pregnant woman who gets married because of adultery, according to Law No. 1/1974, is not explicitly regulated, but it is implicitly regulated in Article 2, paragraph 1 which stated that a marriage is legitimate when it was done according to each the couple’s religion and belief. In Article 53 of the Compilation of the Islamic Law, it is stated that 1) a woman who is pregnant without marriage can be married off with the man who has impregnated her, 2) the marriage can be carried out without waiting for the birth of the baby, and 3) the marriage will not be done over again after the baby is born. The baby is considered legitimate, according to Law No. 1/1974. According to the Compilation of the Islamic Law, the child who is born from   adultery is legitimate when the prospect husband is the child’s biological father. In Article 99, paragraph 1 of the Compilation of the Islamic Law and Article 42 of Law No. 1/1974, it is stated that a legitimate child is a child who is born from legitimate marriage, but he will be illegitimate when the husband of his mother is the man who has not impregnated his mother. The regulation on an illegitimate child is stipulated in Article 100 of the Compilation of the Islamic Law and Article 43 of Marriage Law No. 1/1974. The legal protection for a child who is born from adultery, according to Marriage Law No. 1/1974 and the Compilation of the Islamic law, is that the Recognition of the Child which can be done by his father after all requirements have been fulfilled, and the child is legally legitimate. Keywords: Marriage, Woman is Pregnant of Adultery, Status of a Child, Law No. 1/1974 on Marriage, Compilation of the Islamic Law
Co-Authors . Ely Albinus Ngapu Elisabet Sartiana Saitun Fredinan Yulianda I Dewa Nyoman Raka I Gusti Ayu Diah Yuniti I Gusti Putu Andre Agusta Putra I Ketut Sumantra I MADE SURYANA . I Made, Budiasa Neviaty P Zamani Nofriko Pratama Nur Ahmadi Bi Rahmani Reza Armin Abdillah Dalimunthe Rondang Tambun Tambun Sisca Rahmadona Wilibrodus Jehada Yulia Ayriza