Legal Review of Legal Protection for Children Born Out of Wedlock Based on Constitutional Court Decision Number 46/PUU-VIII/2010
Implications of Constitutional Court Decision No. 46/PUU-VIII/2010 on the Rights of Children Born Out of Wedlock
DOI:
https://doi.org/10.62951/ijlcj.v2i3.755Keywords:
Children's Rights, Family Law, Legal protection, Marriage law, Social DiscriminationAbstract
This research examines the legal safeguards for children born outside of marriage in Indonesia after the release of Constitutional Court Decision (MK) No. 46/PUU-VIII/2010, which represented a pivotal shift in national family legislation. Up until now, children born outside of marriage have frequently encountered bias and unfair treatment, both socially and legally. The Constitutional Court (MK) Decision No. 46/PUU-VIII/2010 marks an important advancement in enhancing the civil status of children born outside of marriage, establishing connections not just with their mother and her relatives, but also with their biological father if scientifically validated, for instance, via DNA testing. In this research, the author will examine how judges define legal protection for children born outside of marriage in light of Constitutional Court Decision No. 46/PUU-VIII/2010 and how this decision is executed in legal practices and everyday life, especially concerning the acknowledgment of rights for children born outside of marriage and the obligations of their biological fathers.This study uses a normative research method with a legislative approach and a case approach. Data was collected through library research covering primary, secondary, and tertiary legal materials, namely by collecting legal materials through studies of books, journals, legal research results, as well as various official institutional documents such as regulations and other literature relevant to the issues being studied. The research findings indicate that legal protection for children born out of wedlock needs to be further strengthened through legal reform, public education, and legal recognition and validation mechanisms, so that the basic rights of children can be optimally fulfilled in accordance with human rights principles and applicable laws and regulations.
Downloads
References
“Patent holders need legal protection.” (2004, May 24). Republika.
Constitution. (2009). 1945 Constitution. Secretary General & Registrar of the Constitutional Court of the Republic of Indonesia.
Abdul Kodir, F., & Natsir, L. M. (2022). Jurisprudence on children's rights: Considering the views of the Quran, Hadith, and international conventions for the improvement of children's rights (Vol. 1). Yayasan Rumah Kita Bersama.
Arto, A. M. (2012). Legal discussion on the decision of the Constitutional Court of the Republic of Indonesia Number 46/PUU-HIV/2010 dated February 27, 2012, regarding the amendment to Article 43 of the UUP. Material for legal discussion for judges of the Ambon High Court and Ambon District Court, Ambon High Court Auditorium, March 16.
Asnawi, H. S. (2013). Legal politics of Constitutional Court Decision No. 46/PUU-VIII/2010 on the status of children born out of wedlock: Efforts to dismantle legal positivism toward the protection of human rights. Journal of Constitution, 10(2), June.
Bungin, B. (2007). Qualitative research data analysis. Raja Grafindo Persada.
Harahap, M. Y. (1975). National marriage law. CV. Zahir Trading Co.
Hasanah, H. (2015). Consumer protection in consumer financing agreements for motor vehicles with fiduciary. Retrieved June 1, 2015, from http://jurnal.unikom.ac.id/vol3/perlindungan.html
Hasbullah, F. H., & Sardjono, H. R. (n.d.). Bunga rampai perbandingan hukum perdata [A collection of comparative civil law].
Hazairin. (1975). Review of Marriage Law No. 1 of 1974. Tintamas.
Kansil, C. S. T. (2009). Introduction to Indonesian law and legal system. Balai Pustaka.
La Porta, R. (1999). Investor protection and corporate governance. Journal of Financial Economics, 58, 9. https://doi.org/10.1016/S0304-405X(00)00065-9
Law No. 35 of 2014 on Child Protection. (2014). Fokusmedia.
Lutfiyah, N. (2002). Pros and cons of Constitutional Court Decision No. 46/PUU-VIII/2010 on the status and rights of children born out of wedlock. Mahabits: Journal of Family Law, 3(02), 144–155.
Manan, A. (2008). Various issues in Islamic civil law in Indonesia. Kencana.
Mulia, S. M. (2010). Islam and human rights: Concepts and implementation. Naufan Pustaka.
Prodjodikoro, W. (1984). Marriage law in Indonesia. Sumur.
Rahardjo, S. (2003). Other aspects of law in Indonesia. Kompas.
Rahardjo, S. (2006). Ilmu hukum [The science of law] (6th ed.). PT. Citra Aditya Bakti.
Said, M. F. (2018). Legal protection for children from a human rights perspective. JCH (Journal of Legal Scholars), 4(1), 141–146. https://doi.org/10.33760/jch.v4i1.97
Setiono. (2004). Rule of law (Master’s thesis). Faculty of Law, Sebelas Maret University.
Siregar, B. (1986). Legal aspects of the protection of children's rights: A review. In Law and children's rights (pp. 22–23). Rajawali.
Soekanto, S., & Mamuji, S. (2013). Normative legal research: A brief review. Raja Grafindo Persada.
Soemiyati. (1986). Islamic marriage law and marriage law. Liberty.
Subekti. (1992). Fundamentals of civil law. PT. Intermasa.
Team of the Central Language Development and Promotion Agency. (1991). The Indonesian language dictionary (2nd ed.). Balai Pustaka.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 International Journal of Law, Crime and Justice
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
