The Redefinition of Child of AdulteryJournal: International Journal of Science and Research (IJSR) (Vol.4, No. 3)
Publication Date: 2015-03-05
Authors : Iffatin Nur M.Ag.;
Page : 2186-2192
Keywords : Redefinition; Child of Adultery; Islamic Concept;
Having a status of being a child born out of a illegal marriage will put him/her facing various problems, stereotypes, sanctions, discriminations, violence, even an abortion and a disposal. So, by being equipped with the humanization consciousness and human nature, let us redefine the labelling of a child of adulterywith a more humane and a more friendly call such as a mothers child which is proposed and established by the Indonesian Child Protection Agency (Lembaga Perlindungan Anak, abbreviated as LPA, Ind. ). That there is no single man born into this world bearing the original sins of their parents and that biologically there is no child born without a father. Furthermore, let us give to such children their rights appropriately, must be guaranteed, protected, and fulfilled by the parents, families, communities, the government, and the state according to Implementation of child protection is based on Pancasila (the Five Principles) and the Constitution of the Republic of Indonesia of the Year 1945 as well as the basic principles of the Convention on the Rights of the Children which include (a) non-discrimination, (b) best interests for the children, (c) the rights for life, survival and development, (d) a respect towards the childrens opinions. It is. . . . . . To be improper and unfair when the law stipulates that a child who is born from a sexual relation outside of a legal marriage (either of informal marriage or adultery) only has civil relationships with the mother. It is not right and also unfair if the law frees man who impregnated the childs mother so that he can get away from his responsibilities as a father. Even more so, the injustice is due to the fact that the law negates the rights of the child towards his/her biological father, where as, existing technological developments allow proving that a baby is a biological child of a particular man through a DNA test as an example. The event of child birth due to sexual intercourse is a legal relationship containing reciprocal rights and obligations between the child, the mother, and the father.
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