ASAS PERSONALITAS KEISLAMAN DALAM PENETAPAN ASAL-USUL ANAK LUAR KAWIN KE PENGADILAN NEGERI

Abstract

This research aims to analyze the choice of Muslims in choosing the District Court for filing cases of acknowledgment or ratification of illegitimate children against their biological father; examine the qualification of cases used in determining the civil relation between illegitimate children and their biological father; and examine the legal implications for Muslims who obtained a court ruling from the district court regarding the relationship of an illegitimate child to his biological father. This research is categorized as legal normative research that uses the Decision of District Courts as an analysis material. The results of the research show that based Islamic personality principle, the application for civil relation of an illegitimate child to the district Court is not entirely wrong as there is still an opportunity for broad interpretation of the post-Constitutional Court Decision when it is associated with population administrations. The cases that were proposed to the district courts were qualified as a child recognition child legitimacy cases. And this decision implies that there will be differences due to the law and and there is the potential to violate Islamic law, especially regarding the rights of illegitimate children to their fathers.