SKRIPSI

KEPASTIAN HUKUM MENGENAI HAK WARIS ANAK YANG LAHIR DILUAR NIKAH DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010

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Marriage is a spiritual and physical bond between a man and a woman as
husband and wife with the aim of forming a happy and eternal family (household)
based on the Almighty Godhead. The legal consequences for marriages that do
not have a marriage certificate are that legally the husband or wife and any
children born cannot take civil legal action relating to their household. Regarding
children born from unregistered marriages, there is still quite a long debate,

especially after the issuance of Constitutional Court Decision Number 46/PUU-
VIII/2010. Based on this, the author found three problems, namely: 1) How are

the rules for the inheritance rights of children born out of wedlock related to the
Constitutional Court Decision Number 46/PUU-VIII/2010? 2) How are the legal
consequences for the inheritance rights of children born out of wedlock related to
the Constitutional Court Decision Number 46/PUU-VIII/2010? 3) What is the
legal protection solution for children born out of wedlock?
This research is descriptive analytical, research method by collecting data
according to the truth, then the data is compiled, processed and analyzed to
provide an overview of the existing problem. Then analyzed based on facts in the
form of secondary and primary data, analyzed using applicable laws and
regulations. The approach method used in this research is normative juridical,
namely a method that obtains secondary data sources, namely research that
emphasizes legal science (theories, principles, norms, articles in laws).
The conclusion that researchers got from this research is that the rules for
inheritance rights of children born out of wedlock are currently determined by the
Constitutional Court Decision Number 46/PUU-VIII/2010 which changes the
provisions of Article 43 paragraph (1) of Law Number 16 of 2019 which in
essence states that an illegitimate child only has a civil relationship with his
mother and his mother's family and with a man as his father who can be proven
based on technology and/or other evidence according to the law to have a blood
relationship, including a civil relationship with his father's family so that an
illegitimate child has the right to receive an inheritance from his father. Second,
the legal consequences for the inheritance rights of children born out of wedlock
are related to the Constitutional Court Decision Number 46/PUU-VIII/2010,
namely the existence that arises between the child and his parents, including the
existence of a mahram relationship, a mutual inheritance relationship, the father
has the right to be the marriage guardian. , parents are obliged to provide for
their children, educate their children, protect them, provide love, and so on, and
for children they are also obliged to respect, obey and be devoted to their parents.
And third, the solution to legal protection for children born out of wedlock is
increasing public awareness and understanding, training and education for legal
institutions and practitioners, revisions and changes in the legal and
administrative system, and effective supervision and law enforcement.

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Ketersediaan

SKP0001066

346

Fakultas Hukum (SKRIPSI)

Tersedia namun tidak untuk dipinjamkan - No Loan

Informasi Detail

Judul Seri

-

No. Panggil

346

Penerbit

BANDUNG : FAKULTAS HUKUM UNPAS., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

346

Tipe Isi

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Tipe Media

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Tipe Pembawa

-

Edisi

PERTAMA

Subjek

-

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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