Journal of Law, Poliitic and Humanities
Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities

Legal Protection of Children from Interfaith Marriages in Indonesia in the Perspective of Constitutional Court Decision No. 68/PUU-XII/2014

Setiawati, Ellyna (Unknown)
Noor, Syamhudian (Unknown)
D. Bangas, Karlinae (Unknown)



Article Info

Publish Date
31 Aug 2025

Abstract

Constitutional Court Decision No. 68/PUU-XII/2014 is an important milestone in the legal debate regarding the validity of interfaith marriages in Indonesia. Although the decision does not change the normative provisions in Article 2 paragraph (1) of Law No. 1/1974 on Marriage, the implications for the position of children from interfaith marriages are very real. Children born from such relationships often face administrative obstacles, uncertainty of legal status, and potential discrimination in obtaining their basic rights as citizens. This study aims to analyze the juridical implications of the Constitutional Court's decision on the legal protection of children from interfaith marriages, and to encourage the formulation of affirmative policies that guarantee the protection of children's rights as a whole. The research method used is normative juridical with the approach of legislation and analysis of court decisions. The results of the study show that derivative regulations and concrete steps are needed from the state to ensure recognition of the legal status of children, in line with the constitutional principles of child protection and respect for human rights.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...