THE BIOLOGICAL FATHERS HAVE CIVIL RIGHTS WITH EVIDENCE AND CONVICTION OF THEIR CHILDREN

A. Hafidzi, Nadiyah Khalid, Rina Septiani
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引用次数: 1

Abstract

This paper aims to prove that Biological Children can provide Civil Relations with their fathers if they have an apparent legal force. This study differs from other researchers in the comparative aspect of normative Law and Islamic Law. This difference lies in the Constitutional Court decision results, which states that children produced outside of marriage have a civil relationship with the mother and family of their mother, father, and family of their biological father, which can be proven by DNA testing between them. Meanwhile, according to Islamic Law, children outside of marriage (Zina) only have a civil relationship or blood relationship with the mother and the mother's family. The method used in this research is a literature review with a normative approach to the Constitutional Court decision and the Scholar's opinion on children outside of marriage (Siri). This research found that children can biologically provide civil relations with their parents if done in marriage and proven by clear legalities such as witnesses and marriage documents. The presence of a decision of the Constitutional Court is a legal assurance or defense of the human rights of a citizen, whether they have the correct data and facts to their civil relations.
生父拥有自己孩子的证据和定罪的公民权利
本文旨在证明亲生子女在具有明显法律效力的情况下可以与父亲建立民事关系。本研究在规范法和伊斯兰法的比较方面不同于其他研究者。这种差异体现在宪法裁判所的判决结果中。宪法裁判所的判决结果表明,婚外生育的子女与父母的母亲和家庭、亲生父亲的家庭有民事关系,可以通过DNA检测来证明。同时,根据伊斯兰教法,婚外子女(吉娜)只与母亲和母亲的家庭有民事关系或血缘关系。本研究使用的方法是对宪法法院判决和学者对婚外子女(Siri)的看法进行规范性的文献回顾。这项研究发现,如果孩子在婚姻中与父母建立民事关系,并得到证人和结婚文件等明确的法律证明,他们可以在生物学上与父母建立民事关系。宪法法院的判决是对公民的人权的法律保障或辩护,无论其民事关系是否有正确的依据和事实。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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