CD Skripsi
Pemberian Hak Waris Terhadap Anak Luar Kawin Pasca Putusan Pengadilan Tekait Pengakuan Anak Luar Kawin Oleh Orangtua Biologis Di Indonesia
ABSTRACT
Children are a gift for both parents. The existence of an illegitimate
child who is recognized by his father or mother concerns all consequences in the
fields of inheritance, citizenship, guardianship and so on. This recognition can be
done with a deed made by an Employee of the Population and Civil Registration
Office and must be recorded in the child's birth certificate. What needs to be
considered for children with dual citizenship is in terms of their parents'
marriage, whether the marriage is valid or not, and the child's status, whether
they are biological or adopted children. Because the inheritance rights of children
born outside of a valid marriage are different from those of children born from a
valid marriage.
The type of research used in this writing is the normative legal research
method. In this normative research, it is descriptive analytical, namely describing
and analyzing the problems presented which aim to provide legal arguments as a
basis for determining whether an event is right or wrong and how the event
should be according to law. In normative legal research, the data source is
secondary data, namely data obtained not directly from the source (object of
research), but through other sources.
The position of the inheritance rights of illegitimate children who have
birth certificates in the perspective of the Civil Code and the Complication of
Islamic Law, there is a main difference, namely in the recognition of the lineage
of illegitimate children, where the Civil Code provides the opportunity for a legal
relationship with the father through recognition that can strengthen inheritance
rights, while in the KHI inheritance rights are only recognized if the marriage
between the father and mother is valid. The implications of the inheritance rights
of illegitimate children who have birth certificates in the perspective of the Civil
Code and the Complication of Islamic Law where the Civil Code, illegitimate
children can be recognized and obtain inheritance rights from their biological
father through recognition, while in the KHI, illegitimate children can obtain
their inheritance rights with a mandatory will by giving part of the property to the
illegitimate child, so that it can provide material protection without changing the
principle of lineage.
Key words: inheritance, status, illegitimate children
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