18 June 2025
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Public Relations FH-USU: Rabu (19/06/2025)
As part of an effort to advance legal science in theory and practice, the Faculty of Law at Universitas Sumatera Utara (FH-USU) held a seminar entitled "THE STATUS OF CHILDREN BORN OUT OF WEDLOCK AFTER THE CONSTITUTIONAL COURT DECISION NO. 46/PPU-VIII/2010, FROM THE PERSPECTIVE OF CIVIL LAW AND ISLAMIC CIVIL LAW," held in the Faculty Advisory Board Room (DPF) of FH USU.
The seminar, which was opened by the Dean of the Faculty of Law at USU, featured Prof. Dr. Asmuni, M.Ag. as a guest speaker. He is a lecturer in the Islamic Law Doctoral Program at Universitas Islam Negri Sumatera Utara/Secretary General of the Indonesian Ulema Council, North Sumatra, and Assoc. Prof. Dr. Yeni Salma Barlinti, S.H, S.Hum, M.H., Lecturer in Islamic Law and Customary Law at the Faculty of Law, Universitas Indonesia. Dr. Utary Maharany Barus, S.H., M.Hum., Lecturer at the Faculty of Law, USU, moderated the seminar.
Prof. Dr. Asmuni, M.Ag., in his presentation, stated that based on the Constitutional Court Decision No. 46/PUU-VIII/2010, a child born out of wedlock has a civil relationship with his mother and her family, as well as with the man as his father, which can be proven based on science and technology and/or other evidence according to the law, including a civil relationship with the father's family.
Furthermore, Prof. Asmuni explained that under civil law, a child conceived through adultery can become a legitimate child through the marriage of the mother and father or the procedures stipulated by existing regulations. Prof. Asmuni continued his explanation, “Based on Constitutional Court Decision No. 26 of 2010, a child born out of wedlock can have a blood relationship with his biological father and mother if proven based on science and technology and/or other evidence, while according to Islamic civil law, a child born out of wedlock does not have a blood relationship with his biological father and his blood relationship is only with his mother and her family,” explained Prof. Asmuni.
Assoc. Prof. Dr. Yeni Salma Barlinti began her presentation by distinguishing between the determination of legitimate children based on the time of birth and based on the time of conception. "Article 42 of the Marriage Law states that a legitimate child is a child born within or as a result of a valid marriage, and Article 99 of the Islamic Family Law states that a legitimate child is a child born within or as a result of a valid marriage and the result of the lawful acts of husband and wife outside the womb and born by the wife, while based on the time of conception, MUI Fatwa No. 11 of 2012 states that a child born out of wedlock is a child born as a result of sexual relations outside a valid marriage according to religious provisions, and constitutes a criminal offense (jarimah), therefore, by contrast, a legitimate child is a child born as a result of sexual relations within a marriage,” explained Assoc. Prof. Dr. Yeni
At the end of her presentation, Assoc. Prof. Dr. Yeni Salma Barlinti emphasized that the biological father and the biological father's family may be required to financially support the biological child based on a court decision regarding the child's origin, proven through science and technology and/or other evidence. The biological father has the right to give a gift or bequest to the biological child, and vice versa.
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