OKTARINI, SANGKI
(2014)
PERLINDUNGAN HUKUM TERHADAP ANAK LUAR KAWIN
PASCA PUTUSAN MAHKAMAH KONSTITUSI
NOMOR 46/PUU-VIII/2010.
Other thesis, ANDALAS UNIVERSITY.
Abstract
ABSTRACT The existence of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII/2010 give justice to the status of illegitimate children, particularly in the field of civil relationship. This thesis discusses the legal protection of illegitimate children before and after the issuance of the decision of the Constitutional Court No.46/PUU-VIII/2010. The preparation of the thesis was conducted using normative research. The study concluded that the protection of children outside of marriage law before the Constitutional Court under Article 43 paragraph (1) that a civil relationship with the mothers occur directly (by law), with reference to the contents of Article 43 paragraph (2) and Article 66 of Law then the old rules about marriage illegitimate child can apply again. While the legal protection after the Constitutional Court decision and guarantee legal certainty to the mother and child outside of marriage to be demanding civil rights, as long as the procedure can be proved through evidence at trial in the form of a blood relationship with the alleged father, through DNA testing techniques. The Constitutional Court decision forced the endorsement, then the inheritance rights shall apply in the Civil Code. For those citizens who are Muslims, the Constitutional Court can be used in children results unofficial marriages. For children of adultery in the Islamic concept of protection refers to the MUI Fatwa No.11 of 2012. Keywords: Decision of the Constitutional Court, Legal Protection, Child Outside Marriage.
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