Reformasi Hukum Trisakti
Vol 5 No 4 (2023): Reformasi Hukum Trisakti

- PENGAKUAN ANAK LUAR KAWIN BERDASARKAN HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (Studi Putusan Nomor 119/Pdt.P/2022/PN.Njk) : -

Mochammad Maldini Agustian (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Setyaningsih (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
09 Nov 2023

Abstract

Recognition of children out of wedlock is a difference in society related to the absence of regulation on the recognition of children out of wedlock according to the Marriage Law.  Based on Article 43 paragraph (1) Law No. 1 of 1974, the fact is that in society there are still cases of recognition of illegitimate children, one of which is in the decision of the Nganjuk District Court on decision number 119/Pdt.P/2022/PN.Njk.  The main problems in this study are (1) How is the recognition of children out of wedlock according to the marriage law in force in Indonesia?  and (2) Is it in Court decision No.  119/Pdt.P/2022/PN.Njk.  Regarding the recognition of children out of wedlock according to the rules of marriage law that apply in Indonesia?  This study uses a normative type that is descriptive, uses secondary data obtained from literature studies, and the data is processed qualitatively by drawing deductive logical conclusions.  The conclusion of this research is that the recognition of children out of wedlock must comply with the Constitutional Court decision Number 46/PUU-VIII/2010.  The suggestion of this research is that the parties who are going to get married should be carried out in accordance with the laws and regulations that apply in Indonesia so that the marriage that takes place is declared valid in the eyes of the law so that the children born in the marriage have a clear position in the eyes of the law.

Copyrights © 2023






Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...