CD Skripsi

Kedudukan Anak Luar Kawin Dalam Konsep Keperdataan Indonesia

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Decision of the Constitutional Court Number 46/PUU-VIII/2010 is considered to have an effect on the position of out-of-wedlock children as a follow-up to the non-issuance of Government Regulations governing the position of out-of-wedlock children as mandated by Article 43 paragraph (2) of Law Number 1 of 1974 Based on rational justice, the Constitutional Court then changed the sound of Article 43 of Law Number 1 of 1974 to "Children born out of wedlock have a civil relationship with their mother and mother's family and with men as fathers who can be proven based on science and technology. and / or other evidence according to law that has blood relations, including civil relations with his father". This study aims to determine the implications of the Constitutional Court Decision Number 46/PUU-VIII/2010 for the position of out-of-wedlock children, and the difference with the position of out-of-wedlock children prior to the Decision.
This research is a normative legal research, because it is based on library research which takes excerpts from reading books, literature, or supporting books that have relation to the problem to be studied, assisted with primary, secondary and tertiary data sources. This study uses qualitative data analysis and produces descriptive data.
From the results of the study, it was concluded that, First, in the concept of Indonesian civilization so that children outside marriage can have a civil relationship with their biological father through child endorsement (Articles 272-279 of the Civil Code) and recognition of children (Articles 280-289 of the Civil Code). Second, after the issuance of the Constitutional Court Decision Number 46/PUU-VIII/2010, the position of an outside child in order to obtain a civil relationship with his biological father can be done voluntarily and coercively, namely by making a Civil Lawsuit to the District Court and being requested by the Plaintiff to the Judges so that verification is carried out DNA testing (not blood test) which can prove the child has a blood relationship with the Defendant (a man as his biological father). The author's suggestion is, First, that the Government immediately issues Government Regulations regulating the position of out-of-wedlock children as mandated by Article 43 paragraph (2) of Law No. 1 of 1974 concerning Marriage. Second, the Constitutional Court Decision Number 46/PUU-VIII/2010 so as not to be misinterpreted so that it will legalize adultery.

Keywords: MK Decision - Implications - Married Children

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0171)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

vi, 71 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0171)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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