%A NIM.: 20103040174 Wardah Khoirunnisa
%O Dr. Faiq Tobroni, M.H.
%T TINJAUAN YURIDIS TERHADAP PENETAPAN ASAL USUL ANAK DI PENGADILAN AGAMA BANTUL (STUDI PENETAPAN PERKARA NOMOR 199/PDT.P/2023/PA.BTL)
%X This research aims to examine the judicial considerations in Decision
Number 199/Pdt.P/2023/PA.Btl concerning the determination of a child’s origin,
as well as to analyze the decision from the perspective of legal purpose theory,
which emphasizes legal certainty, legal utility, and the protection of children’s
rights. The determination of a child’s origin is of high urgency because it relates to
the child’s legal status, identity, and fundamental rights, which directly affect
access to education, healthcare, citizenship, and civil relations with their parents.
Without judicial determination, children risk facing discrimination and legal
uncertainty in their lives.
The research employs a normative juridical method with statutory and
case study approaches. The sources of data consist of primary legal materials in
the form of court decisions and relevant legislation, as well as secondary sources
such as literature, journals, and legal doctrines. The analysis was carried out
descriptively and analytically to elaborate on the judges’ considerations, their
consistency with legal theories, and the juridical implications of the decision for
the protection of children’s rights. Thus, this study not only highlights procedural
aspects but also links them to the principle of the best interest of the child.
The findings indicate that the judges considered documentary evidence,
witness testimony, and the principle of the best interest of the child as the legal
foundation in determining the child’s origin. The decision is consistent with the
theory of legal purpose because it provides legal certainty regarding the child’s
status, ensures civil rights, and brings tangible benefits directly felt by the child.
Moreover, the decision demonstrates the strategic role of the Religious Court in
providing substantive legal protection while ensuring the fulfillment of the child’s
right to identity from an early age, in accordance with constitutional mandates and
statutory provisions.
%K Penetapan Asal Usul Anak, Kepastian Hukum, Kemanfaatan Hukum,
Perlindungan Hak Anak
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib73010