Reformasi Hukum Trisakti
Vol 8 No 2 (2026): Reformasi Hukum Trisakti

HAK TUMBUH KEMBANG ANAK LUAR KAWIN DALAM KETIADAANYA PERAN AYAH : The Right to Growth and Development of Children Born Out of Wedlock in the Absence of a Father’s Role

Dina Rusdiana (Unknown)
Wahyuni Retnowulandari (Unknown)



Article Info

Publish Date
01 May 2026

Abstract

The increasing phenomenon of free social interaction among adolescents has led to a high rate of out-of-wedlock pregnancies and the birth of children born outside marriage. This condition raises juridical issues related to legal recognition and the fulfillment of children’s rights, particularly for children who do not receive acknowledgment from their biological fathers. Normatively, Article 43 paragraph (1) of Law Number 1 of 1974 on Marriage limits the civil relationship of children born outside marriage to their mothers and maternal families, despite its expansion through Constitutional Court Decision Number 46/PUU-VIII/2010. However, in practice, the fulfillment of the rights of children born outside marriage still faces various obstacles.The research question of this study is: “How are the rights of children born outside marriage to proper growth and development fulfilled in the absence of a father’s role under the Child Welfare Law?” This study employs a normative legal research method with statutory and doctrinal approaches. The findings indicate that child welfare can only be achieved through the synergy of family roles, community social awareness, and effective government policies and legal protection.

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Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...