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All Journal Reformasi Hukum Trisakti
Dina Rusdiana
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Law, Crime, Criminology & Criminal Justice

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HAK TUMBUH KEMBANG ANAK LUAR KAWIN DALAM KETIADAANYA PERAN AYAH : The Right to Growth and Development of Children Born Out of Wedlock in the Absence of a Father’s Role Dina Rusdiana; Wahyuni Retnowulandari
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25202

Abstract

The increasing phenomenon of free social interaction among adolescents has led to a high rate of out-of-wedlock pregnancies and the birth of children born outside marriage. This condition raises juridical issues related to legal recognition and the fulfillment of children’s rights, particularly for children who do not receive acknowledgment from their biological fathers. Normatively, Article 43 paragraph (1) of Law Number 1 of 1974 on Marriage limits the civil relationship of children born outside marriage to their mothers and maternal families, despite its expansion through Constitutional Court Decision Number 46/PUU-VIII/2010. However, in practice, the fulfillment of the rights of children born outside marriage still faces various obstacles.The research question of this study is: “How are the rights of children born outside marriage to proper growth and development fulfilled in the absence of a father’s role under the Child Welfare Law?” This study employs a normative legal research method with statutory and doctrinal approaches. The findings indicate that child welfare can only be achieved through the synergy of family roles, community social awareness, and effective government policies and legal protection.
Co-Authors Wahyuni Retnowulandari, Wahyuni