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Alfa Nadia Paparang
Faculty of Law, Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Inheritance for Children Born Outside of Marriage Alfa Nadia Paparang
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18233

Abstract

Children born outside a valid marriage occupy an uncertain position in Indonesian inheritance law. This article examines how the inheritance of such children is determined under the Indonesian Civil Code (Burgerlijk Wetboek) and under Law Number 16 of 2019 amending Law Number 1 of 1974 on Marriage, read together with Constitutional Court Decision Number 46/PUU-VIII/2010. The study applies normative legal research using statutory and case approaches, and the legal materials are analysed through legal hermeneutics. It finds that, under the Civil Code, a child born outside marriage has no legal relationship with either parent unless recognition is given; once recognised, the child may inherit from the recognising parent, although the share is smaller than that of a legitimate child and varies according to the class of heirs who survive. Under the Marriage Law, by contrast, an unrecognised child born outside marriage automatically holds a civil relationship with the mother and the mother’s family, so that recognition by the mother is no longer required. A civil relationship with the father arises only where paternity is proved by science and technology or by other evidence recognised by law
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