PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

This study aims to determine the legal factors of judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children. The research approach used in this study is normative juridical. The data used in this study are secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained are then analyzed qualitatively. The results of this study indicate that the ambiguous provisions regarding the recognition of illegitimate children in Law Number 1 of 1974 concerning Marriage require the resolution of the case through the application of the Civil Code (KUHPerdata) which has not been formally abolished in the Indonesian legal framework as substantive civil law used in the District Court. The legal considerations of the judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children born before their parents were officially married indicate that the child, Farra Abigail Sherina, is the biological child of the couple Nugroho Fajar Aji and Anissa Alif Putrianti. Furthermore, the applicant's application for recognition of the illegitimate child has met the requirements set out in the Civil Code.

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Publication Details

Journal
Legal Standing Jurnal Ilmu Hukum
Published
2024-11-28
DOI
https://doi.org/10.24269/ls.v8i3a.10531
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

Kurnia Dwi Ariani, Ana Silviana
Legal Standing Jurnal Ilmu Hukum
Marriage and Family Dynamics
article

PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

Kurnia Dwi Ariani, Ana Silviana
article en

Abstract

This study aims to determine the legal factors of judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children. The research approach used in this study is normative juridical. The data used in this study are secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained are then analyzed qualitatively. The results of this study indicate that the ambiguous provisions regarding the recognition of illegitimate children in Law Number 1 of 1974 concerning Marriage require the resolution of the case through the application of the Civil Code (KUHPerdata) which has not been formally abolished in the Indonesian legal framework as substantive civil law used in the District Court. The legal considerations of the judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children born before their parents were officially married indicate that the child, Farra Abigail Sherina, is the biological child of the couple Nugroho Fajar Aji and Anissa Alif Putrianti. Furthermore, the applicant's application for recognition of the illegitimate child has met the requirements set out in the Civil Code.

Legal Standing Jurnal Ilmu HukumVol. 8(3a)
Diponegoro University (ID)
Openalex Percentile: Top 54%
Marriage and Family Dynamics
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