KEABSAHAN PERKAWINAN SEDARAH (INCEST) DAN AKIBAT HUKUM TERHADAP HAK ANAK YANG DILAHIRKAN BERDASARKAN PERSPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM

The marriage of Blood (Incest) is performed by two people who still have a blood relationship, either from a straight upward line, down or sideways. The marriage is not legally valid but according to the country and Islamic law remains unclear. In addition, based on the press release of the annual record (CATAHU) Komnas Perempuan 2020 a case of violence against women in 2019 regarding his own Incest as much as 1,417 which increased by 40% from the previous year. Therefore, it is not possible to take the marriage of Incest in society in a conscious or unknown state. So in this case it is questionable that the validity of the marriage (Incest) is both in national law and Islamic law, how is the result of a blood marriage Law (Incest) based on the perspective of national law and Islamic law, and how the ruling on the cancellation of a blood marriage (Incest) against the wealth and rights of children born based on the perspective of the national In this study used the method of juridical-normative approach. The type of data used in this study is secondary data, namely with the study of the studies. Authors use qualitative descriptive analysis. From the results of the research is known that the marriage of Blood (Incest) is done then the marriage is still considered valid in the eyes of the law. However, the result of the marriage is to submit the cancellation of marriage to the Court of religion for administrative purposes and to protect the rights of the individuals concerned therein. Then concerning the division of the shared property in the marriage according to the national law is divided by one, each obtaining a second part, when adhering to Islamic law there are three phases namely SULH, UHR, and the last step is Qhada. For the right of the child born of the marriage both under the national law and the Islamic law the child is still considered valid, so that the child lineage follows his father