Decision of Constitutional Court on the Rights of the Child Out of Wedlock

DOI

10.2991/assehr.k.211014.008How to use a DOI?

Keywords

Child out of Wedlock, Marriage, Constitutional Court

Abstract

The status of children in Indonesia has been regulated in various laws and regulations. In marriage law, it is defined that a legitimate child is a child born from or in a legal marriage. However, after the issuance of the Constitutional Court’s decision on the status of children out of wedlock, a debate arose among legal academics and practitioners of Islamic law in Indonesia. This debate is quite challenging and does not clear up the problem. This article aims to discuss the status of children out of wedlock after the issuance of the Constitutional Court. This article is a literature study, and the data were collected by investigating regulations and decisions regarding the status of children. This article argues that the constitutional court’s decision establishes a new norm, which revises the rule of article 43 in the marriage law. According to the constitutional court’s decision, children born out of wedlock have a civil relationship not only from the mother’s line but also from the father’s line on the condition that they can be proven biologically and scientifically.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Bambang Ali Kusumo
AU  - Abdul Kadir Jaelani
AU  - Dora Kusumastuti
PY  - 2021
DA  - 2021/10/16
TI  - Decision of Constitutional Court on the Rights of the Child Out of Wedlock
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 31
EP  - 34
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.008
DO  - 10.2991/assehr.k.211014.008
ID  - Kusumo2021
ER  -