Greenation International Journal of Law and Social Sciences
Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au

Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System

Firman Arif (Universitas Borobudur, Jakarta, Indonesia)
Abdullah Sulaiman (Universitas Islam Negeri Syarif Hidayatullah, Tangerang, Indonesia)



Article Info

Publish Date
17 Jun 2025

Abstract

Children born out of wedlock often face legal obstacles in obtaining recognition and protection of their rights, especially in civil relations with their biological fathers. The Indonesian legal system, especially after the Constitutional Court decision Number 46/PUU-VIII/2010, has opened up space for children born out of wedlock to have their civil relations with their biological fathers recognized, as long as it can be proven scientifically and technologically, such as through DNA testing. However, the implementation of this recognition still faces challenges, both in terms of applicable legal norms and the practice of judicial institutions. This study aims to analyze the extent to which legal protection of the rights of children born out of wedlock can be enforced in their civil relations with their biological fathers, as well as to examine the effectiveness of applicable norms in realizing justice and legal certainty for children in this position.

Copyrights © 2025






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...