Melintas An International Journal of Philosophy and Religion
Vol. 32 No. 2 (2016)

Between Human Rights and Justice Principle in Children’s Civil Rights

Novenanty, Wurianalya Maria (Unknown)



Article Info

Publish Date
31 Aug 2017

Abstract

Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.

Copyrights © 2016






Journal Info

Abbrev

melintas

Publisher

Subject

Religion Arts Humanities Languange, Linguistic, Communication & Media Social Sciences

Description

The aim of this Journal is to promote a righteous approach to exploration, analysis, and research on philosophy, humanities, culture and anthropology, phenomenology, ethics, religious studies, philosophy of religion, and theology. The scope of this journal allows for philosophy, humanities, ...