Tinjauan Yuridis Tentang Kedudukan Anak Diluar Kawin Dan Hak-haknya Berdasarkan Undang-undang No. 16 Tahun 2019 Tentang Perkawinan Perubahan Atas Undang-undang No. 1 Tahun 1974 Tentang Perkawinan

Gunawan, Hendra (2022) Tinjauan Yuridis Tentang Kedudukan Anak Diluar Kawin Dan Hak-haknya Berdasarkan Undang-undang No. 16 Tahun 2019 Tentang Perkawinan Perubahan Atas Undang-undang No. 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

​This study discusses the position of children outside of marriage and their rights according to Law Number 16 of 2019 concerning Marriage, Amendments to Law Number 1 of 1974 concerning Marriage. Children out of wedlock are children who are not born in or as a result of a legal marriage, children out of wedlock are children born from a father and mother relationship who are not bound in a legal marriage. This study aims to find out how the position of children outside of marriage and what rights are obtained by children outside of marriage. As regulated in Article 42 and Article 43 of Law Number 1 of 1974 concerning Marriage. Children born out of wedlock have a civil relationship with their parents if their father admits it. Recognition of illegitimate children must be done with the permission of the child's mother. Furthermore, to give the child the status of a legitimate child, it must be ratified. ​The main problem in the thesis discusses how the mechanism for recognizing the position of children outside of marriage, their rights and the consequences for the birth of a child out of wedlock and obtaining a legal legal status, and whether after an acknowledgment of legalization of a child outside of marriage the status of a child is the same as a legal child . This study uses a normative research method by using library materials as a source of research data, or also called (Library research), the method used to collect data from various literatures. This research is analytical descriptive, meaning that this research includes the scope of research that describes, examines, and explains precisely, and analyzes the laws and regulations related to this research. ​The results of this study indicate that children out of wedlock under Islamic law and civil law do not have a legal relationship with their father and his father's family. Children out of wedlock only have a legal relationship with the mother and her mother's family. Islamic law does not recognize recognition, therefore the status as a child out of wedlock cannot be changed. This is different from civil law which recognizes recognition. With the recognition of the legal status of illegitimate children, they can turn into recognized illegitimate children. Children out of wedlock who are recognized as having the right to inherit, according to their class, are regulated in civil law laws. Children out of wedlock in Islamic law do not get an inheritance because there is no lineage between them.

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