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AKIBAT HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TERHADAP HAK ANAK BIOLOGIS DALAM TINJAUAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Palangka Raya)

Ibnu Elmi A.S. Pelu, Santi Santi

Abstract


This research is base on the existence the verdict of The Constituation Court Number 46/PUU-VIII/2010 explain that the children born out of marriage will not just get civil relation from their mothers and their mother’s family, but they will get civil relation from a man as their fathers and their father’s family too which can be proven scientifically and technologically and/or another proof according to law has got the blood relation. The main idea of this research is to study about law consequences of the verdict of The Constituation Court Number 46/PUU-VIII/2010 about biological children’s rights according to The Judge’s Perspective of The Religious Court of Palangka Raya in general and according to The Judge’s Perspective base on The Islamic Law.

This research’s result shows that The Judge’s Perspective of The Religious Court of Palangka Raya about law consequences of the verdict of The Constituation Court Number 46/PUU-VIII/2010 about biological children’s rights is devided into three opinions, they are: there is a restriction in the terminology of out of marriage, the exception the lineage right, and legal civil relation for mothers of their sons or daughters. In the other hand, The Judge’s Perspective of The Religious Court of Palangka Raya about law consequences of the verdict of The Constituation Court Number 46/PUU-VIII/2010 about biological children’s rights base on The Islamic Law has got two sides, they are: the positive side and the negative side.


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