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All Journal Hang Tuah Law Journal
Pantui, Darwin
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Law, Crime, Criminology & Criminal Justice

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The Rights of Children from Unregistered Marriages: Between Certainty and the Practice of Protection Pantui, Darwin; Kasim, Nur Mohamad; Dungga, Weny Almoravid
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.284

Abstract

This study aims to analyze efforts to fulfill children's rights a decade after the Constitutional Court Decision No. 46/PUU-VIII/2010, focusing on the practice of protecting the rights of children born from unregistered marriages, reflecting legal certainty. The methodology used in this research is normative research with a legislative approach and case approach, utilizing primary and secondary legal materials as the main sources of analysis. The results show that Constitutional Court Decision No. 46/PUU-VIII/2010 provides a crucial legal foundation in guaranteeing the rights of children born from unregistered marriages, creating clearer recognition and legal status for these children. Furthermore, the decision opened the possibility for children born from unregistered marriages to request a legal determination through the court system under the Supreme Court's jurisdiction. This study also highlights the alignment between the Constitutional Court Decision and the establishment of other judicial bodies, emphasizing the importance of legal certainty for children born from unregistered marriages, ensuring that they can live, grow, and develop with legally recognized rights.
Co-Authors Nur Mohamad Kasim Weny Almoravid Dungga