Interpretasi Hukum “Anak Di Luar Perkawinan” Dalam Undang-Undang Perkawinan 1974 (Studi Pandangan Hakim Pengadilan Agama Provinsi Daerah Istimewa Yogyakarta)

Mahmud Mahmud


This research was conducted with the aim to find
out what the judge's view of the legal interpretation
about the outside marriage state of children and how
the interpretation of the judge's judgments regarding
the decision of the panel judges related to the outside
marriage state of children according to the state views
of the Religious Courts of Yogyakarta Special Province.
In this method of study using the Juridical Sociological
method that a combination of fields that use primary
data and secondary data in the form of interviews with
informants and this study is descriptive analytical.
Based on the approach method concluded: 1. According
to the marriage law Law No. 1 of 1974 in Chapter IX,
Article 43 paragraph (1) a child out of wedlock only has
a civil law with his mother and his mother's family. But
with the decision of the constitutional court No. 46 /
PUUVIII / 2010 read: "Children born outside of
marriage have a civil relationship with their mothers
and families and with men as fathers who can be proven
by knowledge and technology or by other means
according to the law so that they are proven to have
blood relations, or a civil relationship with his father's
family, not enough to give consideration to the judge in
deciding the case, according to the author, it is quite
interesting to understand the state of children outside
the marriage from the point of view of the judge. In this
research, the compiler tried to study it using field
The primary material of this research is the views
of the judges in the Bantul Religious Courts, Yogyakarta
and Sleman. Regarding the legal interpretation by the
judge of the state of children outside of marriage, in the
marriage law No. 1 of 1974 obtained by interview.
Based on the analysis carried out, it can be obtained
from the Judges in the Bantul Religious Courts,
Yogyakarta and Sleman have the same view regarding
the legal interpretation of the state of children outside
of marriage. that the definition of a child outside
marriage is a child of the sirri marriage. The equation is
in his view that what is seen first is certainly the
legitimacy of his marriage, where when the terms and
conditions are fulfilled, the request is granted and
where there is an unfulfilled meal, it will be rejected.
Keywords: Outside marriage of Children, interpretation
of law, laws

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Abintoro Prakoso, Pembaruan Sistem Peradilan Pidana

Anak, Laksbang Grafika, (Yogyakarta: Laksbang

Grafika), 2013).

Ahmad Rifai, Penemuan Hukum Oleh Hakim dalam

Perspektif Hukum Progresif, (Jakarta: Sinar

Grafika, 2010).

Khoirudin Nasution, Hukum Perdata (Keluarga) Islam

Indonesia dan Perbandingan Hukum Perkawinan di

Dunia Muslim, (Yogyakarta: ACAdeMIA+TAZZAFA


M. Nurul Irfan, Nasab Dan Status Anak dalam Hukum

Islam, (Jakarta: Amzah, 2012).

Muwahid, “Metode Penemuan Hukum (Rechtsvinding)

Oleh Hakim Dalam Upaya Mewujudkan Hukum

Yang Responsif”, Jurnal Al-Hukama, vol 7:1 (Juni


Soemiyati, Hukum Perkawinan Islam dan Undangundang Perkawinan, cet ke-5, (Yokyakarta: Liberly,


Sudikno Mertokusumo, Bab-bab Tentang Penemuan

Hukum, (Bandung: PT Citra, 2010)

Zaini Ahmad Noeh, Peradilan Agama Islam Di

Indonesia,, (Jakarta: PT Intermasa 1986).


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Departement of Law Faculty of Sharia and Law, Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Marsda Adi Sucipto Street, Caturtunggal, Kabupaten Sleman, Daerah Istimewa Yogyakarta 55281 - Phone 0274-512474