AKIBAT HUKUM PERKAWINAN MASSAL TERHADAP STATUS ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Arnie Aisyah, Belinda and Hamdani, Hamdani and Edytiawarman, Edytiawarman (2013) AKIBAT HUKUM PERKAWINAN MASSAL TERHADAP STATUS ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN. Undergraduated thesis, Fakultas Hukum, UNIB.

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Abstract

The purpose of this study was to determine the impact of the mass of the status of child marriage in terms of Act No. 1 of 1974 on Marriage and children to know the result of the recognition of marriage in terms of mass- Law No. 1 of 1974 on Marriage . The method used in this thesis using normative methods and approaches used are normative juridical approach is to examine legislation and other legal materials relating to the issues raised . After legal materials in the form of secondary data is collected by studying the documentation and other legal literature search it is processed further legal materials beforehand by editing the data and then performed a qualitative analysis . Based on the findings that the bulk of the legal consequences of marriage status of children in terms of Act No. 1 of 1974 on Marriage , the setting of a child out of wedlock is legitimate , just implicitly understood within the provisions of Article 43 paragraph ( 1 ) that the child outside only have a civil marriage relationship with her mother and her mother's family , this means that the child is not getting the rights and obligations of the biological father . Is associated with mass marriage , the status of the child will be a strong legal status , because the child has been legally recognized under the Marriage Act . Recognition of illegitimate children can be recognized in the company by the biological father , that the boy was his son . In recognition of the biological father have a healthy spirited , kid unknown nasabnya recognized , recognition is not refuted by common sense and recognition was recognized also by the recognized yag child . In the civil law recognition of an illegitimate child by his biological father , has to do with the authentic deed expressly and shall in no way be inferred . In Islamic law , it is not regulated in detail , but this recognition rules contained in the provisions of Article 53 of the Compilation of Islamic Law in Indonesia. Pembolehan recognition of children as long as it brings benefits to all parties , will not cause any harm in the next generation . Accountability for livelihood and security of the child's life outside of marriage , is basically just a human , not a legal obligation imposed as a legitimate obligation of the father to the child . Therefore the child is legally entitled to claim income of father / father natural ( genetic ) , when he admitted that the child is his .

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