Tarumanagara Law Review
Vol. 2 No. II (2020): Talrev-Untar

Inheritance Rights of Children in Buddhist Marriages According to Law Number 1 of 1974 Concerning Marriage (Case Study of Pontianak District Court Decision Number 202/Pdt.P/2015/PN.PTK)

Indri Lestari (Unknown)
Jeane Neltje Sally (Unknown)



Article Info

Publish Date
15 Oct 2020

Abstract

Article 43 of Law number 1 of 1974 says "children born out of wedlock only have civil relations with their mother and mother's family" but differ from the constitutional court through its ruling number 46 / PUU-VII / 2010 which has made progressive decisions that children born outside marriage has a civil relationship with his mother and his mother's family and with a man as his father which can be proven based on science and technology and/or other evidence according to the law have blood relations, including civil relations with his father's family. The problem is the authority of a Notary Public in making a deed of statement and inheritance certificate for out-of-wedlock children based on the determination of the pontianak district court number 202/ pdt.p /2015/pn.ptk. The results of this study are the determination of this District Court as a Notary Basis for making a Testamentary Testament, Deed of Statement, Certificate of Inheritance Rights, Notary Public Has the Authority to Make Deed of Statement and Inheritance Certificate if the Parties / Heirs submit Original and Legalized Photocopy by The District Court in the Decree of the District Court granted the Petitioner the True Marriage between Mr. SIAU SUI LUK and Mrs. THEN KUI TJU, and stated legally that the Heirs Jesi Angelica, Andre, and Pindy Yolanda were right and the legitimate children of Mr. SIAU SUI LUK and Mrs. THEN KUI TJU, accompanied by other supporting documents, as stipulated in Articles 280 - 281 of the Criminal Code.

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Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...