[ABSTRAK
Skripsi ini membahas mengenai status hukum dan hak waris dari anak yangdilahirkan melalui inseminasi buatan menurut hukum Islam dan peraturanperundang-undangan di Indonesia. Bentuk penelitian yang digunakan adalahpenelitian normatif yuridis dengan metode kualitatif yang menggunakan datasekunder. Berdasarkan hasil penelitian, status hukum dan hak waris anakdidasarkan pada jenis inseminasi buatannya. Menurut hukum Islam hanya anakyang dilahirkan melalui inseminasi buatan yang menggunakan sperma suami danovum isteri kemudian embrionya ditanamkan dalam rahim isteri saja yangmerupakan anak sah, anak hasil inseminasi buatan jenis lain merupakan anak hasilzina sehingga hanya berhak mewaris dari ibunya dan keluarga ibunya saja.Menurut peraturan perundang-undangan di Indonesia, hanya anak yang dilahirkanmelalui inseminasi buatan yang menggunakan sperma suami yang sudahmeninggal yang berstatus sebagai anak luar kawin, anak hasil inseminasi buatanjenis lain berstatus sebagai anak sah selama wanita yang melahirkannya terikatdalam perkawinan yang sah dan tidak dilakukan penyangkalan anak olehsuaminya.ABSTRACT
This thesis discuss about the legal status and inheritance of children born throughartificial insemination according to Islamic law and western civil law inIndonesia. The form of research that is used in this thesis is juridical normativeresearch with qualitative method that uses a secondary data. Based on the resultsof the study, to find the legal status and inheritance of children born throughartificial insemination is based on the type of artificial insemination itself.According to Islamic law, only children born through artificial inseminastionusing 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 theother type artificial insemination is a child of adultery so he only got inheritancefrom his mother only. According to the regulations in Indonesia, only childrenborn through artificial insemination using a sperm of a dead husband get status asa child of adultery, while the children that born through the other type of artificialinsemination is legitimate children as long as the woman that give birth to them isin marriage and the child itself is not denied by her husband.;This thesis discuss about the legal status and inheritance of children born throughartificial insemination according to Islamic law and western civil law inIndonesia. The form of research that is used in this thesis is juridical normativeresearch with qualitative method that uses a secondary data. Based on the resultsof the study, to find the legal status and inheritance of children born throughartificial insemination is based on the type of artificial insemination itself.According to Islamic law, only children born through artificial inseminastionusing 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 theother type artificial insemination is a child of adultery so he only got inheritancefrom his mother only. According to the regulations in Indonesia, only childrenborn through artificial insemination using a sperm of a dead husband get status asa child of adultery, while the children that born through the other type of artificialinsemination is legitimate children as long as the woman that give birth to them isin marriage and the child itself is not denied by her husband., This thesis discuss about the legal status and inheritance of children born throughartificial insemination according to Islamic law and western civil law inIndonesia. The form of research that is used in this thesis is juridical normativeresearch with qualitative method that uses a secondary data. Based on the resultsof the study, to find the legal status and inheritance of children born throughartificial insemination is based on the type of artificial insemination itself.According to Islamic law, only children born through artificial inseminastionusing 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 theother type artificial insemination is a child of adultery so he only got inheritancefrom his mother only. According to the regulations in Indonesia, only childrenborn through artificial insemination using a sperm of a dead husband get status asa child of adultery, while the children that born through the other type of artificialinsemination is legitimate children as long as the woman that give birth to them isin marriage and the child itself is not denied by her husband.] |
S61577-Azyyati.pdf :: Unduh