Overview

Original Research

MODEL OF LEGAL PROTECTION OF UNMARRIED CHILDREN IN THE PERSPECTIVE OF INDONESIAN LAW

IMAWANTO 1, Dr. HJ. RODLIYAH 2, Dr. H. HIRSANUDDIN 3, and Dr. MUHAIMIN 4.

Vol 19, No 05 ( 2024 )   |  DOI: 10.5281/zenodo.11384602   |   Author Affiliation: Law Doctoral Study Program, University of Mataram, Mataram, Nusa Tenggara Barat, Indonesia 1; SH., MH, Professor, Law Doctoral Study Program, University of Mataram, Mataram, Nusa Tenggara Barat, Indonesia 2; SH., M.Hum, Law Doctoral Study Program, University of Mataram, Mataram, Nusa Tenggara Barat, Indonesia 3,4.   |   Licensing: CC 4.0   |   Pg no: 521-534   |   Published on: 29-05-2024

Abstract

The nasab theory states that to obtain legitimate offspring is by means of a legal marriage. Legitimate children and children born out of wedlock the state is obliged to provide legal protection. The purpose of this research is to find a model of legal protection for children born out of wedlock in the perspective of Indonesian law. This research is normative legal research, with philosophical, legislative, and conceptual approaches. The legal materials used are primary, secondary, and tertiary legal materials to be analyzed descriptively. The results of the research obtained are, The model of legal protection of extramarital children in Indonesia in the future is that there needs to be a new norm construction on the phrase extramarital children in accordance with the principles of Islamic law. According to the author's analysis, extramarital children must get legal protection in the form of, the child is appointed by the biological father to become an adopted child which has implications for the fulfillment of his civil rights.

Keywords

Model, Legal Protection, Unmarried Children, Indonesian Law.