TINJAUAN YURIDIS TERHADAP PENETAPAN ASAL USUL ANAK DI PENGADILAN AGAMA BANTUL (STUDI PENETAPAN PERKARA NOMOR 199/PDT.P/2023/PA.BTL)

Wardah Khoirunnisa, NIM.: 20103040174 (2025) TINJAUAN YURIDIS TERHADAP PENETAPAN ASAL USUL ANAK DI PENGADILAN AGAMA BANTUL (STUDI PENETAPAN PERKARA NOMOR 199/PDT.P/2023/PA.BTL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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