SIKAP HUKUM HAKIM DALAM PENYELESAIAN PERKARA ASAL USUL ANAK: KAJIAN TERHADAP PUTUSAN PENGADILAN AGAMA WAINGAPU TAHUN 2025-2026

Riadatul Muhimmah, NIM.: 24203011006 (2026) SIKAP HUKUM HAKIM DALAM PENYELESAIAN PERKARA ASAL USUL ANAK: KAJIAN TERHADAP PUTUSAN PENGADILAN AGAMA WAINGAPU TAHUN 2025-2026. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (SIKAP HUKUM HAKIM DALAM PENYELESAIAN PERKARA ASAL USUL ANAK: KAJIAN TERHADAP PUTUSAN PENGADILAN AGAMA WAINGAPU TAHUN 2025-2026) 24203011006_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Accepted Version Download (11MB) | Preview
	Text (SIKAP HUKUM HAKIM DALAM PENYELESAIAN PERKARA ASAL USUL ANAK: KAJIAN TERHADAP PUTUSAN PENGADILAN AGAMA WAINGAPU TAHUN 2025-2026) 24203011006_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (16MB) | Request a copy

Abstract

This research is based on the problematic legal status of children born out of wedlock, which is normatively stipulated in Article 43 paragraph (1) of the Marriage Law and Article 100 of the Compilation of Islamic Law (KHI), which states that they only have a civil relationship with their mother and her mother's family. The emergence of Constitutional Court Decision No. 46/PUU-VIII/2010 brought radical changes by expanding the civil relationship of illegitimate children to their biological fathers. The main problem in this research is the legal attitude of judges at the Waingapu Religious Court in resolving cases of child parentage and the reasons behind granting "legitimate child" status to children born out of wedlock. This research used a field research method. Data were obtained through interviews with judges at the Waingapu Religious Court regarding their legal considerations in determining child parentage and to determine their legal stance on Constitutional Court decisions. Furthermore, the author also observed several decisions regarding child parentage at the Waingapu Religious Court, legislation, and previous research papers. The data obtained were analyzed using the theory of reflexive legal rationality. This theory is used to analyze the legal reasoning patterns of judges in applying Constitutional Court Decision No. 46/PUU-VIII/2010, particularly in balancing legal certainty, expediency, and justice for children as vulnerable legal subjects. The results of this study indicate that, first, judges at the Waingapu Religious Court tend to accommodate the spirit of protecting children rights by granting "legitimate child" status to children born from unregistered or out of wedlock marriages, as stated in Decisions No. 31/Pdt.P/2025/PA.WGP and No. 10/Pdt.P/2025/PA.WGP. This determination is based on laws and regulations, Islamic jurisprudence, and the Quran, while emphasizing Constitutional Court Decision No. 46/PUU-VIII/2016. Second, the judges legal considerations are based on the protection of children rights, the avoidance of social stigma, the recognition of the biological father, and written evidence. Furthermore, the judges also consider the social realities of the local community. The judges legal stance also reflects reflective legal rationality, which not only adheres to formal norms but also prioritizes the protection of children's rights and justice.

Share this knowledge with your friends :

Actions (login required)

View Item