KEDUDUKAN ANAK AKIBAT HUBUNGAN INCEST PERSPEKTIF HUKUM PERDATA DAN HUKUM ISLAM

Abstract

Position the child of incest against biological parents deemed of Civil Law and Islamic law is civil law, especially the Civil Code explains the importance of recognizing either of the mother or the father that the child has nasab to both. While Law No. 1 of 1974 and the Law of Islam explained that the position of the child of incest have only nasab the birth mother and her family. Guardian of a child born as a result of incest in particular, girls are guardians judge it is because the child does not have nasab with the biological father and his father's family. The division of inheritance for children of incest, the child does not get the inheritance of their biological parents, and if he gets the father's possessions bioogisnya then its not as heritage but as a grant. The study also suggests incest giving a chaotic state of the family system, especially to the children who are born.