Yashinta Nurul Imani, . (2026) IMPLIKASI HUKUM TERHADAP HAK KEPERDATAAN ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The issuance of the Constitutional Court Decision Number 46/PUU-VIII/2010 has brought significant changes to the legal status of children born outside marriage within the Indonesian legal system. Prior to the decision, children born outside marriage only had civil relations with their mother and their mother’s family as stipulated in Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage. This provision created various forms of discrimination against children born outside marriage, particularly in obtaining civil rights, identity, financial support, care, and inheritance rights from their biological father. Therefore, this study aims to analyze the legal implications of Constitutional Court Decision Number 46/PUU-VIII/2010 on the civil rights of children born outside marriage as well as the forms of legal protection granted to them in Indonesia. This research uses normative juridical research with a statutory approach. Data collection was carried out through library research by examining laws and regulations, court decisions, legal books, journals, and other literature related to the research object. The data analysis technique used was qualitative and descriptive in order to obtain a systematic understanding of the legal issues discussed. The results of this study indicate that Constitutional Court Decision Number 46/PUU-VIII/2010 has significantly changed the legal status of children born outside marriage because such children may have civil relations with their biological father as long as it can be proven through science and technology and/or other legal evidence according to the law. The decision also provides legal protection for the rights of children born outside marriage to obtain identity, financial support, care, education, legal protection, and inheritance rights, thereby reducing discrimination against them and realizing the principles of justice and protection of children’s human rights. However, in its implementation, there are still several obstacles arising from social, cultural, and normative differences between positive law and religious norms existing within society.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 2210611331] [Pembimbing: Taufiqurrohman Syahuri] [Ketua Penguji : Dwi Aryanti Ramadhani] [Penguji 1: Kayus Kayowuan Lewoleba] [Penguji 2: Taufiqurrohman Syahuri] |
| Uncontrolled Keywords: | Children Born Outside Marriage, Civil Rights, Legal Protection, Constitutional Court Decision Number 46/PUU-VIII/2010 |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | YASHINTA NURUL IMANI |
| Date Deposited: | 24 Aug 2026 02:20 |
| Last Modified: | 31 Aug 2026 06:46 |
| URI: | http://repository.upnvj.ac.id/id/eprint/52799 |
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