scholarly journals PENGHAPUSAN DISKRIMINASI TERHADAP ANAK ASTRA DALAM PERSPEKTIF PERLINDUNGAN ANAK

2021 ◽  
Vol 16 (2) ◽  
pp. 160
Author(s):  
Sri Ratmini
Keyword(s):  
Child Protection ◽  
Adopted Children ◽  
Biological Father ◽  
Biological Fathers

<p><strong><em>This study focuses on eliminating discrimination against Astra children from the perspective of child protection. There are two main issues discussed in this study, namely: (1) what are the forms of discrimination against Astra children? and (2) how to eliminate discrimination against Astra's children from the perspective of child protection.</em></strong></p><strong><em>This research is a normative juridical law research, using a statutory approach. The results of this study are: the form of discrimination against Astra children is not being able to use the clan name of their biological father to not having rights as heirs. Elimination of discrimination against Astra's children from the perspective of child protection can be carried out in three ways, namely, one by giving recognition to Astra's children from their biological fathers, two by giving rights to children as mandated by law, three by assigning Astra children as adopted children.</em></strong>

Hukum Ayah Biologis Menikahi Anak Luar Nikah Menurut Madzahib Arba’ah dan KHI

2021 ◽  
Vol 4 (1) ◽  
pp. 37-41
Author(s):  
Hamdan Hamdan ◽  
Suyud Arief ◽  
Ahmad Sobari
Keyword(s):  
Islamic Law ◽  
Biological Father ◽  
Quantitative Descriptive ◽  
Biological Fathers ◽  
Descriptive Method

Examines the views of the fuqaha of four madhhab imams and the Compilation of Islamic Law (KHI) regarding children born out of wedlock. More detail is the problem of biological fathers marrying children born out of wedlock. This study aims to analyze the views of four madhhab imams and the Compilation of Islamic Law (KHI) on the marriage of biological fathers with children out of wedlock. This research is a research that uses quantitative descriptive method. namely describing the views of four imams of different schools of thought. Hanafi and Hanabilah scholars are of the opinion that it is haram. they argue that adultery can lead to haraam such as the prohibition of besanan (mushaharah) so that the marriage of a biological father with his child is unlawful. Meanwhile, according to the Malikiyah scholars, it is halal. and according to the Syafi'iyah scholars it is lawful but makruh. They argue that adultery cannot cause haraam such as the prohibition of besanan (mushaharah) so that the marriage of a biological father with his child is lawful. The Compilation of Islamic Law (KHI) argues that it is halal to marry a child born out of wedlock if it triggers the market 39 and article 100 of the Compilation of Islamic Law (KHI).

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals Motherhood in Complex Families

2016 ◽  
Vol 39 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Paula Fomby
Keyword(s):  
Parenting Stress ◽  
Father Involvement ◽  
The United States ◽  
Short Term ◽  
Biological Father ◽  
Boundary Ambiguity ◽  
Kin Support ◽  
Using Data ◽  
Biological Fathers ◽  
Poor Relationship

Families formed through multipartner fertility, where children with a common biological mother were conceived by different biological fathers, represent a growing share of all families in the United States. Using data from four waves of the Fragile Families Child and Wellbeing Study ( N = 3,366), I find that women who have engaged in multipartner fertility are more likely to experience parenting stress and depression compared with mothers whose children share the same biological father. Mothers’ depression is explained in the short term by poor relationship quality with the father of her prior children and in the longer term by indicators of boundary ambiguity in complex families. Mothers’ parenting stress was only weakly explained by variation in perceived kin support, father involvement, or boundary ambiguity.

scholarly journals RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA

2017 ◽  
Vol 2 (1) ◽  
pp. 85
Author(s):  
Yunanto Yunanto
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Constitutional Court ◽  
Legal Action ◽  
Marriage Law ◽  
Biological Father ◽  
Illegitimate Children ◽  
Biological Fathers ◽  
The Relationship

In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.

Compassionate, safe and rigorous child protection practice with biological parents of adopted children

2007 ◽  
Vol 16 (2) ◽  
pp. 108-119 ◽  
Author(s):  
Andrew Turnell ◽  
Sharon Elliott ◽  
Viv Hogg
Keyword(s):  
Child Protection ◽  
Adopted Children ◽  
Biological Parents

scholarly journals The Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat

2021 ◽  
Vol 5 (1) ◽  
pp. 153
Author(s):  
Ali Abubakar ◽  
Juliana Juliana ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Biological Fathers ◽  
Legal Marriage ◽  
Protection Of Life

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.

scholarly journals THE BIOLOGICAL FATHERS HAVE CIVIL RIGHTS WITH EVIDENCE AND CONVICTION OF THEIR CHILDREN

2020 ◽  
Vol 18 (2) ◽  
pp. 127
Author(s):  
Anwar Hafidzi ◽  
Nadiyah Khalid ◽  
Rina Septiani
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Dna Testing ◽  
Biological Father ◽  
Comparative Aspect ◽  
Biological Children ◽  
Biological Fathers ◽  
Correct Data

This paper aims to prove that Biological Children can provide Civil Relations with their fathers if they have an apparent legal force. This study differs from other researchers in the comparative aspect of normative Law and Islamic Law. This difference lies in the Constitutional Court decision results, which states that children produced outside of marriage have a civil relationship with the mother and family of their mother, father, and family of their biological father, which can be proven by DNA testing between them. Meanwhile, according to Islamic Law, children outside of marriage (Zina) only have a civil relationship or blood relationship with the mother and the mother's family. The method used in this research is a literature review with a normative approach to the Constitutional Court decision and the Scholar's opinion on children outside of marriage (Siri). This research found that children can biologically provide civil relations with their parents if done in marriage and proven by clear legalities such as witnesses and marriage documents. The presence of a decision of the Constitutional Court is a legal assurance or defense of the human rights of a citizen, whether they have the correct data and facts to their civil relations.

Men Do Matter

2009 ◽  
Vol 30 (8) ◽  
pp. 1041-1069 ◽  
Author(s):  
Joseph B. Richardson
Keyword(s):  
African American ◽  
African American Males ◽  
Black Male ◽  
Violent Behavior ◽  
Black Families ◽  
Biological Father ◽  
Male Youth ◽  
Female Headed Households ◽  
Biological Fathers

This article examines the role of the African American uncle as a vital yet overlooked form of social support and social capital in the lives of adolescent African American male sons living in single-female-headed households. Research rarely examines the affective roles and functions of men in Black families; moreover, poor urban Black male youth are typically portrayed as a monolithic and homogeneous group who lack positive relationships with their biological fathers. The absence of these relationships has been correlated to numerous social problems for Black male youth—specifically, delinquency and violent behavior. Although much of the work on African American fatherhood has focused on the role of the biological father (and, to some extent, the stepfather), minimal attention has been given to men within extended familial networks and their impact on successful adolescent development among young African American males.

scholarly journals Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya

2020 ◽  
Vol 1 (2) ◽  
pp. 16-20
Author(s):  
Fransiska Maryl Agatha ◽  
I Ketut Widia ◽  
I Ketut Sukadana
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Married Couples ◽  
Adoptive Parents ◽  
Adoptive Parent ◽  
Adopted Children ◽  
Biological Parents ◽  
Form Of Government ◽  
Education And Care ◽  
Legal Consequences

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.

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