The Legal Status Of Children Born Out Of Wedlock Following Amendments To The Marriage Law And Constitutional Court Decision No. 46/Ppu-Viii/2010

Abstract

The legal status of children born out of wedlock is a critical issue in the Indonesian legal system because it relates to legal certainty, justice and the protection of children’s rights. This study aims to analyze the legal status of children born out of wedlock following Constitutional Court Decision No. 46/PUU-VIII/2010 and its implications for civil relationships with biological fathers. The study employs a normative legal methodology using legislative, conceptual and comparative approaches. The results indicate that the decision expands the child’s civil relationship with the biological father based on scientific evidence, including the rights to child support, identity, custody and legal protection. In conclusion, regulatory harmonization and legal reform are necessary to ensure legal certainty, justice and the protection of children’s rights without discrimination.