Karya Ilmiah

DISERTASI (303) - Prinsip Kepentingan Terbaik Bagi Anak Dalam Perlindungan Hukum Anak Luar Kawin

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This research entitled "The Principle of The Best Interest Of The Child in
Legal Protection For Illegitimate Child" aims to find the philosophy that
underlies the importance of legal protection for illegitimate children, to analyze
the recent development of legal protection for children as such, in order to find
the concept of future law that can be applied to strengthen legal protection for
illegitimate child in Indonesia., and to analyze and find the ratio decidendi that
underlies various court decisions related to illegitimate children in Indonesia.
This research is a normative legal research that uses a statutory approach,
conceptual approach, comparative approach and case approach.
The results of the research found that the philosophy of legal protection
for illegitimate children consisted of three aspects, namely ontology, epistemology
and axiology aspects. The ontology aspect is related to the nature of children as
the next generation of the nation who must get protection from the state and
society in order to fulfill their rights. The epistemological aspect is related to the
validation of norms on legal protection for illegitimate children, which must be
based on the philosophy of the Pancasila and the 1945 Constitution. The axiology
aspect is related to values as a legal objective. Regulations concerning
illegitimate children must aim to achieve justice, legal certainty and welfare for
them.
This research also found that there is still a vagueness of norm after the
Constitutional Court Decision Number 46/PUU-VIII/2010 was issued, which is
indicated by the conflicting court decisions. In the concept of upcoming law must
contain things that have not been regulated, including the clarity of what is meant
by ‘civil relations’ that can be made between the illegitimate child and the father,
procedure of DNA testing and the binding force of court orders. The upcoming
law must prioritize the principle of the best interests of the child, so that the
welfare of illegitimate children can truly be materialized.

Keywords: the best interests of the child, illegitimate child, legal protection.

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Ketersediaan

031227017336

303 Lat p

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

303 Lat p

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERKAWINAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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