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ABSTRAKSkripsi ini membahas mengenai status hukum dan hak waris dari anak yang
dilahirkan melalui inseminasi buatan menurut hukum Islam dan peraturan
perundang-undangan di Indonesia. Bentuk penelitian yang digunakan adalah
penelitian normatif yuridis dengan metode kualitatif yang menggunakan data
sekunder. Berdasarkan hasil penelitian, status hukum dan hak waris anak
didasarkan pada jenis inseminasi buatannya. Menurut hukum Islam hanya anak
yang dilahirkan melalui inseminasi buatan yang menggunakan sperma suami dan
ovum isteri kemudian embrionya ditanamkan dalam rahim isteri saja yang
merupakan anak sah, anak hasil inseminasi buatan jenis lain merupakan anak hasil
zina sehingga hanya berhak mewaris dari ibunya dan keluarga ibunya saja.
Menurut peraturan perundang-undangan di Indonesia, hanya anak yang dilahirkan
melalui inseminasi buatan yang menggunakan sperma suami yang sudah
meninggal yang berstatus sebagai anak luar kawin, anak hasil inseminasi buatan
jenis lain berstatus sebagai anak sah selama wanita yang melahirkannya terikat
dalam perkawinan yang sah dan tidak dilakukan penyangkalan anak oleh
suaminya.
ABSTRACTThis thesis discuss about the legal status and inheritance of children born through
artificial insemination according to Islamic law and western civil law in
Indonesia. The form of research that is used in this thesis is juridical normative
research with qualitative method that uses a secondary data. Based on the results
of the study, to find the legal status and inheritance of children born through
artificial insemination is based on the type of artificial insemination itself.
According to Islamic law, only children born through artificial inseminastion
using husband‟s sperm and wife‟s ovum then the embryo implanted in the wife‟
womb who count as a legitimate child, while the children that born through the
other type artificial insemination is a child of adultery so he only got inheritance
from his mother only. According to the regulations in Indonesia, only children
born through artificial insemination using a sperm of a dead husband get status as
a child of adultery, while the children that born through the other type of artificial
insemination is legitimate children as long as the woman that give birth to them is
in marriage and the child itself is not denied by her husband.;This thesis discuss about the legal status and inheritance of children born through
artificial insemination according to Islamic law and western civil law in
Indonesia. The form of research that is used in this thesis is juridical normative
research with qualitative method that uses a secondary data. Based on the results
of the study, to find the legal status and inheritance of children born through
artificial insemination is based on the type of artificial insemination itself.
According to Islamic law, only children born through artificial inseminastion
using husband‟s sperm and wife‟s ovum then the embryo implanted in the wife‟
womb who count as a legitimate child, while the children that born through the
other type artificial insemination is a child of adultery so he only got inheritance
from his mother only. According to the regulations in Indonesia, only children
born through artificial insemination using a sperm of a dead husband get status as
a child of adultery, while the children that born through the other type of artificial
insemination is legitimate children as long as the woman that give birth to them is
in marriage and the child itself is not denied by her husband., This thesis discuss about the legal status and inheritance of children born through
artificial insemination according to Islamic law and western civil law in
Indonesia. The form of research that is used in this thesis is juridical normative
research with qualitative method that uses a secondary data. Based on the results
of the study, to find the legal status and inheritance of children born through
artificial insemination is based on the type of artificial insemination itself.
According to Islamic law, only children born through artificial inseminastion
using husband‟s sperm and wife‟s ovum then the embryo implanted in the wife‟
womb who count as a legitimate child, while the children that born through the
other type artificial insemination is a child of adultery so he only got inheritance
from his mother only. According to the regulations in Indonesia, only children
born through artificial insemination using a sperm of a dead husband get status as
a child of adultery, while the children that born through the other type of artificial
insemination is legitimate children as long as the woman that give birth to them is
in marriage and the child itself is not denied by her husband.]