TY  - THES
N1  - Dr. SRI WAHYUNI, S. Ag., M. Ag., M. Hum
ID  - digilib49501
UR  - https://digilib.uin-suka.ac.id/id/eprint/49501/
A1  - KHANSA? HANNA ISLAMICA, NIM. 17103040099
Y1  - 2022/01/19/
N2  - The civil rights of children out of wedlock after the decision of the
constitutional court number 46 of 2010 had a positive impact because the decision
guaranteed and protected the rights of children born from these pregnancies. The
focus of this research is on the implementation of the decision of the Constitutional
Court Number 46/PUU-VIII/2010 related to the legal position of children out of
wedlock to the registration of birth certificates in Batang Regency. Children born
out of wedlock can only have a mother's certificate listed only in the mother's name
on the birth certificate. Since this decision existed until now, in Batang Regency
there has been no practice of proof using a DNA test, then the procedure for
registering an ordinary child's certificate is followed by another procedure to
maintain the right to birth registration, which in the certificate states that the child is
legitimate from both parents which results in the right to birth rights. Civil rights
and inheritance rights are also obtained from the biological father.
This type of research is empirical research with a sociological juridical approach
and a statutory approach. The location of the research was carried out at the
Department of Population and Civil Registration, the Religious Courts and the State
Courts of Batang Regency. Types and sources of data, consisting of primary data
and secondary data. The primary data collection technique was by interview and
direct observation at the research location, while secondary data was obtained by
literature study. The data analysis technique used descriptive analysis.
The results of this study indicate that the implementation of the decision of the
Constitutional Court Number 46/PUU-VIII/2010 concerning the Position of Out-ofMarriage
Children Against Birth Certificate Registration in Batang Regency has
been implemented even though it has not been maximized and is still on a limited
scale. Regarding the implementation and implications of the constitutional court's
decision on the right to register a child's illegitimate child certificate, which can be
attempted to obtain a child ratification certificate, it can actually be taken by several
steps such as submitting a marriage certificate, submitting an application for origin,
child and child validation, after all procedures are carried out and get the
arrangement. from the court, the Disdukcapil will register the child as a legal child.
So that the rights of the child will be obtained in full as a child born from a legal
marriage. These
alternative steps have been implemented in Batang Regency,
although they are still in limited numbers, not comparable to the number of children
out of wedlock who only have a certificate of the mother's child
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Deed
KW  -  Children out of wedlock
KW  -  Rihgt.
M1  - skripsi
TI  - HAK KEPERDATAAN ANAK LUAR NIKAH PASKA PUTUSAN
MAHKAMAH KONSTITUSI NO. 46/PUU-VIII/2010
(Kajian Hak Atas Pencatatan Kelahiran Di Kabupaten Batang)
AV  - restricted
EP  - 247
ER  -