KEDUDUKAN HUKUM ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 (Studi Kasus Putusan Perkara Perdata Nomor 239/Pdt.G/2015/PN.JKT.PST)

PIAGAM, CITRA MEDIAN and Abdullah, Abdullah (2020) KEDUDUKAN HUKUM ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 (Studi Kasus Putusan Perkara Perdata Nomor 239/Pdt.G/2015/PN.JKT.PST). Master thesis, Sriwijaya University.

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Abstract

This thesis is entitled “The Legal Position of Children Born out of Wedlock after the Constitutional Court Decision Number 46/PUU-VIII/2010 (Case Study of Civil Case Decision Number 239/Pdt.G/2015/ PN.JKT.PST)”. The formulation of the problems in this study is as follows: first, what are the legal obstacles faced by a child born out of wedlock in order to prove the status that he/she is the biological child of his/her father? Second, what is the basis for judges' legal considerations regarding the status of children and inheritance rights of children born from marriage that are not recorded in civil case No. 239/Pdt.G/2015/PN.JKT.PST?. Third, why doesn’t the Constitutional Court in its judicial review decision Number 46/PUU-VIII/2010 consider the inheritance rights of children born from unregistered marriages? Fourth, what is the portion of the inheritance of the child born out of wedlock who is biologically related to their father’s blood?. Fifth, how is the legal arrangement in the future regarding the status and distribution of the heritage of children born out of wedlock who are related to their father biologically?. The study used a normative method. This study used constitutional, conceptual and case approach. Sources of legal materials used secondary data from primary, secondary and tertiary legal materials. Conclusions were drawn deductively. The results showed that the legal constraints for children out of wedlock were administrative, financial, legal regulations and consent. The basis for the judge's consideration is that the marriage of heirs, which took place before the existence of Law No.1 of 1974 was valid. The Constitutional Court did not decide the inheritance because the Court's authority was the Judicial Review. Regarding the portion of the distribution of the inheritance of the child born out of wedlock, it should not exceed 1/3 of the inheritance of the heir, because there are not many legal arrangements regarding child born out of wedlock. This study recommends that the government should make a national law regarding the distribution of the inheritance of children born of wedlock that applies nationally and regulations regarding heirs who change religions, different religions with heirs at the time of death, as a guideline fof judges. The judges should also specify when the inheritance will be obtained by the heir. Regarding the Constitutional Court’s decision, the judge should describe the rights arising from the civil relationship between children born out of wedlock and the father. The government should also provide education to the public after the Constitutional Court decision.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Born out of Wedlock, Inheritance Rights, Civil Relationship, Inheritance.
Subjects:	K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 8900 not found.
Date Deposited:	18 Nov 2020 08:23
Last Modified:	18 Nov 2020 08:23
URI:	http://repository.unsri.ac.id/id/eprint/37671

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