THE IMPLEMENTATION CONCEPT OF HUMAN RIGHTS THROUGH DEOXYRIBONUCLEIC ACID TESTS ON THE CHILDREN’S INHERITANCE RIGHTS TO BIOLOGICAL FATHERS

Krisharyanto, Edi THE IMPLEMENTATION CONCEPT OF HUMAN RIGHTS THROUGH DEOXYRIBONUCLEIC ACID TESTS ON THE CHILDREN’S INHERITANCE RIGHTS TO BIOLOGICAL FATHERS. International Journal of Business, Economics and Law. (Unpublished)

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Abstract

The development of science and technology has contributed to the development of legal science, especially the issue of evidence. The evidentiary process in law is the key to determining legal certainty regulated in civil law. The issue of protection of children, which is supposed to be their human right, often become an obstacle. This happens when the biological father does not want to admit or recognize the child, the result of mass rape, the doubts of the biological father or biological father towards the child. Meanwhile, human identification technology continues to develop rapidly, from fingerprint identification, tooth arrangement, iris to DNA (deoxyribonucleic acid) testing. DNA testing as an evidentiary technology solves many thorny problems, ranging from uncovering criminal cases, infidelity, swapped babies, to ascertaining the identity of corpses. The process of proving children through DNA tests is widely used to determine the validity of a person's descendants. Rahma Ashari-Rauf's family turmoil ended after DNA tests proved that the couple's child was not Rauf's flesh and blood. There was also the child case of the unregistered marriage between Machica Mocthar and the late Moerdiono. DNA is a chain of amino acids that forms the blueprint of humans and regulates all biological processes. Everyone has a distinctive DNA. No two people have the same DNA profile. Inside human cells, DNA can be found inside the cell nucleus and within mitochondria. Protection of children with various legal statuses have been normed in several regulations, including: Geneva Declaration on the Rights of the Child of 1924, Declaration of the Rights of the Child approved by the General Assembly on November 20, 1959 and recognized in the Universal Declaration of Human Rights, Law no. 39 of 1999 concerning Human Rights and Constitutional Court Decision Number: 46/PUU-VIII/2010 . Keywords: Realization of Children's Human Rights, DNA Test, Legal certainty and protection, Civil Rights of Extramarital Children

Item Type:	Other
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	Sulimin BP3
Date Deposited:	04 Dec 2023 21:48
Last Modified:	04 Dec 2023 21:48
URI:	http://erepository.uwks.ac.id/id/eprint/16706

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