Penyelesaian Sengketa Status Anak (Studi Putusan Pengadilan Tinggi Agama Nomor:0311/Pdt.G/2016/PTA.Sby)

Abstract

The practice of unregistered marriage, especially unregistered polygamy, still occurs. This unregistered polygamy phenomenon has a negative impact on the status of children born. One example is in case 0311/Pdt.G/2016/PTA.Sby. Many negative impacts arise from the unclear status, so it is important to resolve disputes in determining the status of the child. Based on this background, this study focuses on the discussion related to the method of resolving child status disputes, as well as analyzing the method of resolving child status disputes in court decision number 0311/Pdt.G/2016/PTA.Sby. This research is a normative legal research with a case approach. The data sources in this study are court decision number 0311/Pdt.G/2016/PTA.Sby, the book Lineage & Status of Children in Islamic Law by Nurul Irfan, Marriage Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law and Constitutional Court Decision No. 46/PUU-VIII/2010 which was collected through documentation, then analyzed descriptively. The results of the research analysis indicate that the resolution of child status disputes can be done through several methods, namely through legal or fasid marriage, recognition, child status lawsuit, and evidence. Child dispute case Number 0311/Pdt.G/2016/PTA.Sby was resolved through a child origin lawsuit, where the decision stated that the child had a blood relationship with the Respondent. This decision was based on legal considerations in the form of a legal marriage in accordance with the provisions of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and through evidence in the form of testimony from two witnesses and the child's birth certificate.