PROSEDUR PENCATATAN ANAK LUAR KAWIN DI CATATAN SIPIL (STUDI KASUS ANAK YANG LAHIR DARI PERKAWINAN PASANGAN PASCA BERCERAI)

ELITA, DESY and Gofar, Abdullah and Hamid, Kms Abdullah (2019) PROSEDUR PENCATATAN ANAK LUAR KAWIN DI CATATAN SIPIL (STUDI KASUS ANAK YANG LAHIR DARI PERKAWINAN PASANGAN PASCA BERCERAI). Master thesis, Sriwijaya University.

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Abstract

This article discusses the procedures for registration illegitimate children in Civil Registry (A case study in children born to couples after divorce). The rights of illegitimate children, procedures for recording their birth certificates in Civil Registry, and also, the state’s inability in reaching out someone’s personal relationship in detail causes obscurity the origin of child’s genealogy was background underlying of this study. As the state plays a role in solving couples’ problems that can cause obscurity the origin of child’s genealogy. Therefore, this study proposed two problems; what were the procedures for registration illegitimate children in Civil Registry, how was the role of state in solving couples’ problems that can causes obscurity the origin of child’s genealogy including boundary of biological father’s responsibilities in Law No. 1 of 1974 on Marriage and the expansion of biological father’s limits in the Decision of the Constitutional Court No. 46/ PUU-VIII/2010. The research uses law normative method with state regulations approachment, case approachment, and sociology approachment. The obtained result of this research is that the registration procedure of children without marital status to the civil registry record is simply the same with the registration procedure of children from valid marriage in general. However, the registration document must first be equipped with Court Decision in which acted as a fundamental recognation that the father is indeed biologically related to the child which proven by Deoxyribonucleic Acid or what commonly known as DNA Test.Registering and publishing conditions of birth certificate is set on Law number 24 year 2013 concerning about modification of law number 23 year 2006 acout civil administration. Registration of children as self identity and nationality status of a child is that everychild has a right to have a name, self identity, and should be given since they were born and be notes in birth certificate. The law of child’s protection allows confession from biological father of that children but belong to father but mother except children’s sustenance and education. The limitations of biological father is not firmly regulated on Law Number 1 Yr. 1974, but it is elaborated on Constitutional Court Decissions Number 46/PUU-VIII/2010.

Item Type: Thesis (Master)
Uncontrolled Keywords: Children without Marital Status, Civil Registry Record, Registration Procedure
Subjects: K Law > KB Religious law in general. Comparative religious law. Jurisprudence
K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence
Divisions: Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Administrator Library
Date Deposited: 30 Jul 2019 07:37
Last Modified: 07 Nov 2019 02:12
URI: http://repository.unsri.ac.id/id/eprint/1290

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