JHR (Jurnal Hukum Replik)
Vol 14 No 1 (2026): Jurnal Hukum Replik

The Status of Children Born Out of Wedlock in Relation to Guardianship and Inheritance Post-Constitutional Court Decision

Desi Amalia (Universitas Muhammadiyah Pringsewu)
Sumarni Sumarni (Universitas Muhamamdiyah Pringsewu)
Iqbal Tanjung (Universitas Muhammadiyah Pringsewu)
Tajul Muttaqin (STAI DR. KH. EZ Muttaqien Purwakarta)



Article Info

Publish Date
26 Jun 2026

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 has brought significant changes to the legal status of children born out of wedlock, particularly concerning guardianship and inheritance rights. This study aims to analyze the juridical implications of the decision on the civil rights of children born out of wedlock, especially in terms of guardianship and inheritance. The research employs a normative juridical method with a legislative and judicial decision approach, complemented by analysis of legal doctrines and relevant case studies. The findings indicate that following the Constitutional Court ruling, children born out of wedlock who can demonstrate biological ties to their fathers through scientific and technological evidence and/or other legally recognized proofs, are entitled to recognized civil rights, including guardianship and inheritance rights. Nevertheless, practical implementation continues to face challenges, primarily regarding the proof of biological relationships and social acceptance. Therefore, there is a need for regulatory harmonization and a more progressive understanding by law enforcement officers in upholding the rights of children born out of wedlock post-Constitutional Court ruling.Keywords: Children born out of wedlock, guardianship, inheritance, Constitutional Court decision, civil rights.

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Journal Info

Abbrev

replik

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic ...