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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Andari Dahlan, Tri
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Law, Crime, Criminology & Criminal Justice

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Juridical Review of the Inheritance Rights of Children Without Formal Status: An Analysis of the Constitutional Court's Decision No. 46/PUU-VIII/2010 in Child Protection Efforts Sisilia; Andari Dahlan, Tri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6370

Abstract

The Constitutional Court Decision No. 46/PUU-VIII/2010 is a progressive step in upholding justice for out-of-wedlock children, especially in terms of the recognition of civil relations with biological fathers that were not previously legally recognized. The provisions in Article 43 paragraph (1) of Law No. 1 of 1974 limit the legal relationship of out-of-wedlock children only with their mother and family, thus causing injustice in access to inheritance rights. This article aims to juridically examine the changes in legal norms due to the decision and evaluate its implications for the inheritance system and legal protection of children. The method used is a normative juridical approach through the analysis of laws and regulations, legal doctrine, and jurisprudence of the Constitutional Court. The results of the study show that the Constitutional Court's decision has expanded the scope of civil relations between children out of wedlock and their biological fathers, opening up legitimate access to inheritance rights as long as it can be legally proven. This ruling removes previous normative discrimination and strengthens constitutional principles of equality before the law and the protection of children. Thus, this ruling is an important milestone in the reconstruction of the principle of justice in national family law
Co-Authors Sisilia