The Status of Children Born Out of Wedlock in Indonesian Context with Special Reference to Their Inheritance Right Perspective of Maqasid Al-Shariah

The imbalance between the number of labor force and the number of jobs makes employment opportunities abroad one of solution to reduce unemployment. Indonesia has established regulations relating to the placement of Indonesian Migrant Workers through Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. Meanwhile, long before the formation of this law, an international agreement was made regarding the protection of migrant workers and their families through the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families which was initiated on 18 December 1990 in New York, United States. In this research, an assessment of Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers against compliance with the principles contained in the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families was carried out. From the research, it is found that the Convention has been able to influence the legal norms in Law no. 18 of 2017 with the strengthening of human values through the principles and the existence of Indonesian Migrant Workers rights which do not only regulate Indonesian Migrant Workers themselves but also related to their family rights.

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“…This type used in this study is a type of normative juridical legal research (doctrine) (Mahmudi, 2018). i.e.…”

Section: Methodsmentioning

confidence: 99%

Implication of Principles in the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families in Law No. 18 of 2017 in an Effort to Protect Indonesian Migrant Workers Abroad

Iqbal

Wiryani²

2020

ACLJ

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“…Second, based on the constitutional decree, the lineage of such children should be established toward their father, and the children should enjoy the rights towards their fathers to the extent that the legitimate children do. They also have the right of inheritance towards not only their mothers but also their biological fathers as well as their parents' families [8].…”

Section: Introductionmentioning

confidence: 99%

Legislation on Determining the Parentage of a Born-Out-of-Wedlock Child Based on the Perspectives of the Best Interest of Child and Progressive Fiqh

Hidayat

Nur

Maftukhin

et al. 2022

ARJASS

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This study aimed to reveal the phenomenon of formal legal law that contrasts with the principles of justice for children, the best interest of child, and progressive Islamic jurisprudence (fiqh). The high number of applications for legitimation and determination of children in the juridical area and the relative competence of the City-Regency Religious Courts indicate the high number of children who have not received recognition, status, and identity from both their parents and biological fathers. This condition causes the civil rights of children to be taken away from both parents and biological fathers. The Religious Courts, which have absolute competence in deciding cases, have not been able to fully grant all applications for the determination of children that have juridical implications for the civil rights of children. A qualitative study, based on a case study model, intellectual anxiety, and the awakening of the authors' sense of humanity, inspired the struggle for the rights of children born out of wedlock in the perspective of the best interest of child and progressive fiqh. This comprehensive study found that the legislative decisions and the juridical implications of determining the status of born-out-of-wedlock children at the Religious Courts of the Mojokerto Regency, the Malang Regency, and Surabaya City, based on the perspectives of the best interest of child and progressive fiqh, gave rise to a model of renewal that religion and the state should be able to provide a rule that implements the best interest of child and progressive fiqh.

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“…Generally, it is stated that a lawful child is a child that are conceived and born or as a consequence from a lawfully marriage as mentioned in regulates the position of the child. When a child is born from the relationship between a man and a woman who has not become husband and wife in a (legal) marriage, then the child is a child born out of wedlock or called an out-of-wedlock child (Mahmudi, 2018).…”

Section: Introductionmentioning

confidence: 99%

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

Cholis

2020

ACLJ

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The problems regarding the legal standing of an out-of-wedlock child that demands inheritance rights from both biological parents. The purpose of this thesis are to find out about the legal standing regarding the relationship between out-of-wedlock children and how the inheritance rights of an out-of-wedlock child in the distribution of inheritance by both biological parents are related to the Constitutional Court Decision Number 46/PUU-VIII/2010 in terms of civil inheritance law. The type of research used in this journal is Normative Juridical. The problem approaches used in writing this paper are the Statutory Approach and the Conceptual Approach. The legal material used is primary legal material and secondary legal material. This research of the problem after the Constitutional Court's Decision Number 46/PUU-VIII/2010 can be concluded that the out-of-wedlock child has not only a civil relationship with his mother but also with his biological father if he/she can prove it with science and technology and in inheritance issues, the child out of wedlock in terms of civil law must be recognized by his biological father so that he/she can become an heir, but with the Constitutional Court Decision Number 46/PUU-VIII/2010, the out-of-wedlock child can get not only a share of the inheritance from his mother who is without recognition but also inheritance from his/her biological father if it is proven to have a civil relationship as evidenced by science and technology

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The Status of Children Born Out of Wedlock in Indonesian Context with Special Reference to Their Inheritance Right Perspective of Maqasid Al-Shariah

Cited by 3 publications

References 8 publications

Implication of Principles in the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families in Law No. 18 of 2017 in an Effort to Protect Indonesian Migrant Workers Abroad

Implication of Principles in the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families in Law No. 18 of 2017 in an Effort to Protect Indonesian Migrant Workers Abroad

Legislation on Determining the Parentage of a Born-Out-of-Wedlock Child Based on the Perspectives of the Best Interest of Child and Progressive Fiqh

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

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