Volume 29, Issue 3
DOI: 10.24205/03276716.2020.757
Examination by Deoxyribonucleic Acid (DNA) Test of Children Privileges as Legitimate Evidence in Indonesia Marriage Law
Abstract
This research aims to test the validity of the Deoxyribonucleic Acid (DNA) test for children born by the Indonesian outside of legal marriages. The drawback of this work is that DNA testing can only measure children's biological rights but does not provide legal authority in the Indonesian marriage process. While in Indonesia, it adheres to the marriage law derived from the study of Islamic Law, the practice of DNA testing that reinforces the father's biological rights to his child. A normative study of Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, the Code of Criminal Procedure, the Civil Code, and the Juvenile Justice Law used in this study. The data collected were comprehensively analyzed using an analytical approach and maqashid Sharia. This study's findings are that the legality of DNA testing can determine the biological relationship between a father and his child and used as valid evidence for the offspring. However, there is legal controversy in the case of marital rights and succession rights. Children born outside legitimate and lawful marriages are considered incompatible with their fathers, but only with their mother.
Keywords
Legality, Testing, DNA, Offspring, Child, Marriage.