ANALISIS HUKUM ISLAM DAN UNDANG-UNDANG NO. 35 TAHUN 2014 MENGENAI PERLINDUNGAN HUKUM TERHADAP ANAK YANG LAHIR DI LUAR PERKAWINAN

Abstract

Children born out of wedlock as stipulated in Article 99 of the KHI are considered illegitimate children. In Islamic law and the Civil Code, illegitimate children have no blood relationship with their biological father. The research uses a qualitative approach. Children born out of wedlock only have a civil relationship with the mother and the mother's family. Children born out of wedlock have a civil relationship with the mother and the mother's family and with a man as the father which can be proven based on science and technology and/or other evidence according to the law to have a blood relationship, including a civil relationship with the father's family. The results of this research conclude that: (1) Every child has the right to live and is entitled to care and protection, including children born out of wedlock, has the right to be born into the world in the form of an identity as an Indonesian citizen, such as a birth certificate, child's name, place of birth, date of birth, identity of parents, gender and lineage. (2) Islamic Sharia provides two ways to determine the nasab for children born out of wedlock, namely through confession of the father and through DNA test proof involving at least two trusted people to be witnesses in court, then if this method occurs and can be proven then the child will be nabbed to his biological father.