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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Perlindungan Hukum Bagi Anak Hasil Perkawinan Campuran (Analisis Yuridis Penetapan Pengadilan Agama Trenggalek Nomor: 0102/pdt.p/2013/pa.tl)

Dewi Nasitah
Diterbitkan 2016

Abstrak

Writing this journal aims to analyze and find clarity regarding consideration of the judge rejected the request related isbat Religion Court Decision No. 0102 / Pdt.P / 2013 / PA.TL, and to know and understand, analyze and find form of legal protection for children who are born of marriage that is not related to Act No. 23 of 2002 regarding Child Protection and Law No. 12 of 2006. This study is a normative juridical, with legislation approach, and the conceptual approach. Legal consequences if the marriage is not registered, the status of children born of marriages will become uncertain because the determination of the judge rejected ratification the marriage his parents. Marriages according to their respective religion (the terms of religion) is condition of single absolute validity of amarriage on the grounds in Article 2Marriage Law states that legal marriage performed according to each religion, which means very clear that the registration of every marriage is the same as the recording of other important events in the life of births and deaths. Instead of recording only important events such as marriage which is a legal event, the recording does not affect for validity of the marriage, is only administrative requirement. The problem is that marriage is mixed marriage that impact how the child's status and legal protection of children's rights, which arise of nationality. The law should provide protection and legal certainty to status of child born and rights, although the validity of the marriage of his parents still disputed.

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Metrik

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