PERLINDUNGAN HUKUM TERHADAP STATUS ANAK DI LUAR NIKAH DALAM HUKUM KELUARGA ISLAM (Studi Kasus Nomor Perkara 676/Pdt.P/2023/PA.Bgl Di Pengadilan Agama Bangil)

Abstract

As time passes, information and news become increasingly accessible. With the rise of promiscuity, many children are born out of wedlock, resulting in social discrimination and legal challenges. This study examines the legal basis employed by Bangil Religious Court judges in determining the status of illegitimate children in case number 676/Pdt.P/2023/PA.Bgl, as well as the judges' considerations in deciding the status of illegitimate children. Using a qualitative approach, based on a case study of Bangil Religious Court decision number 676/Pdt.P/2023/PA.Bgl, data were collected through direct interviews with the judges and analysis of documents in case number 676/Pdt.P/2023/PA.Bgl. This study aims to understand the legal basis used by the Bangil Religious Court judges and their considerations in deciding or granting requests to determine the parentage of illegitimate children. The results show that judges consider various legal aspects, including the Marriage Law and the Population Administration Law, as well as the Constitutional Court decision. Evidence such as witness statements, Family Cards, Identity Cards, Marriage Certificates, and Birth Certificates is an essential element in providing legal protection for illegitimate children. This ensures that these children can be officially recognized and properly protected within the community.

Keywords: Legal Protection, Status of Children Born Out of Wedlock, Islamic Family Law