PENGHAPUSAN DISKRIMINASI TERHADAP ANAK ASTRA DALAM PERSPEKTIF PERLINDUNGAN ANAK

<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>

Disputed paternity presumption in Burkina Faso: determination of the biological fathers of children using ABO-rhesus/hemoglobin electrophoresis and STR assays

Background In resource-limited countries, ABO, HLA, MNS, Kells, and hemoglobin electrophoresis are classic tests for the resolution of paternity disputes due to their affordable cost. The limitations of these tests in cases of disputed paternity require the use of Short Tandem Repeats (STR) for their certification. This study aimed to determine the biological fathers of children using ABO-rhesus/hemoglobin electrophoresis and STR assays in Burkina Faso, West Africa. Results Of the fourteen trios studied, the ABO-rhesus/hemoglobin electrophoresis analysis revealed ten probable inclusion cases, three exclusion cases, and one undetermined paternity. DNA STR analysis found five inclusions of paternity out of the ten probable inclusions with ABO-rhesus/hemoglobin electrophoresis assay versus nine exclusions of paternity. Conclusion This study showed that the implementation of the analysis of short tandem repeat is required to resolve increasing disputed filiation cases in Burkina Faso.

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

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).

Stepfather Investment and Reproductive Outcomes Among US Couples

Although paternal investment in humans is highly variable, many males invest heavily in offspring. Biological fathers invest more in children than stepfathers, yet stepfathers do invest in their stepchildren, possibly to gain mating access to the mother. Stepfathers are also more likely to be abusive and antagonistic towards their stepchildren than biological fathers. Most previous research quantifies the investment of stepfathers in relation to biological fathers. However, no studies have explored how investment and relationship quality influences reproductive outcomes for stepfathers. I examine how stepfathers’ relationship quality with stepchildren associates with stepfathers’ reproductive success (number of biological children born to the couple) by utilizing the National Survey of Families and Households longitudinal survey of American couples. I also examine how mother’s financial autonomy may moderate the relationship between investment and reproductive success. Results show some evidence that stepfather investment can improve reproductive success, but these results are not particularly strong and may be difficult to interpret.

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

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.

Legal reasonings of religious court judges in deciding the origin of children: a study on the protection of biological children’s civil rights

This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indonesian family law concerning civil relationships between children born out of wedlock and their biological fathers. Consequently, judges had different legal interpretations over status of children, which created disparities of the children’s civil right protection. This study focuses on investigating the judges’ legal reasonings when deciding origin of biological children born out of wedlock. This is a case study with a legal philosophical approach. Data collection includes document collection, whereas data analysis involves deductive and inductive approaches. This study found three typologies of judges’ legal reasonings in relation to how they decided the origin of the biological children. Pragmatic judges would not provide legal protection to the biological children as they failed to accept lineage of these children towards their parents, creating uncertainty over the children’s legal status. Conservative judges with a positivistic mindset would acknowledge legal relationship between the biological children and their mothers, generating the children’s civil rights in relation to their mothers. Progressive judges would provide legal protection to the biological children. Progressive judges accepted the lineage of these children towards their parents but acknowledged their civil rights in relation to their fathers in limited ways such as living allowance and testament. Disparities of judges’ decisions regarding the origin of the biological children substantially created a legal uncertainty to these children.

Kin recognition and step-paternal investment: the effect of childhood co-residence duration

Evolutionarily relevant nepotistic kin investment requires reliable kin detection. Evolutionary scholars have argued that childhood co-residence is one of the most important indirect cues for kinship. While childhood co-residence duration has been found to correlate with kin investment in intragenerational studies (i.e., among siblings), intergenerational investigations considering the association between childhood co-residence duration and kin investment have been scarce. Here, we investigate whether the investment of biological and stepfathers is correlated with childhood co-residence duration. We used data from adolescents and adults (aged 17–19, 27–29, and 37–39 years) from the German Panel Analysis of Intimate Relationships and Family Dynamics (Pairfam), wave 2, collected in 2010–2011. Paternal investment was measured as financial and practical help, emotional support, intimacy, and emotional closeness. We found that while stepfathers invested less than biological fathers, both biological and stepfathers’ investments increased with increased childhood co-residence duration in most measures. Financial help correlated with childhood co-residence in stepfathers but not in biological fathers who helped financially more than stepfathers regardless of childhood co-residence duration. Emotional support, intimacy, and emotional closeness were correlated with childhood co-residence in both biological fathers and stepfathers. Practical help did not correlate with co-residence in either father. Thus, our results partially support the hypothesis that childhood co-residence duration serves as a kin detection cue and directs intergenerational altruism.

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

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.

Upholding heightened expectations of Indigenous children? Parents do, teachers do not

This paper argues that a component of increasing the rate of Aboriginal and Torres Strait Islander children and youths completing their secondary education is having parents and teachers maintain heightened expectations of these children in achieving this goal. To understand this phenomenon, we investigate the importance of, and discrepancies between, primary caregiver and teacher outlooks regarding Indigenous youths completing year 12. For the purpose of this paper, we adopt the term ‘primary caregiver’ in place of parent. This is because the majority (87.7%) of P1s analysed are the biological mothers with the remainder being close female relatives. P2s analysed are all male, 93.3% are biological fathers; remainder are step-fathers or adoptive fathers. This paper uses quantitative data from the Longitudinal Study of Indigenous Children to measure expectations from parents and teachers of Indigenous children. Results suggest that parents maintain exceptionally high expectations of their children, while teacher's expectations significantly decline over the course of Indigenous children's primary and secondary schooling years. We suggest that relationships and communication between parents and teachers, regarding expectations of students, are important to establishing an equilibrium in expectations of children, and that teachers may benefit from further training to address any underlying biases towards Indigenous children.

Romantic Relationship Quality of Youth with Two Biological Parents and Stepfathers

This study uses data from a sample of 7,404 respondents from Waves I and IV of the National Longitudinal Study of Adolescent to Adult Health (Add Health) to examine how the quality of relationships between parents (mother–father) and relationships between parents and children during adolescence (mother–adolescent and resident father–adolescent) influence children’s romantic relationship quality in young adulthood. This study also examined whether these family of origin factors operate similarly or differently for children raised with biological fathers and married stepfathers. Results indicate that mother–(step)father, mother–adolescent, and resident (step)father–adolescent relationship quality are all positively associated with adult children’s romantic relationship quality. However, the association between mother–(step)father relationship quality and young adult children’s romantic relationship quality was stronger for those who resided in stepfamilies.