LEGAL THOUGHTS REGARDING THE STATUS OF CHILDREN OUT OF SIRI MARRIAGE AND CHILDREN OUT OF MARRIAGE IN RELATION TO CIVIL RIGHTS

Abstract

The development of laws and regulations in Indonesia applies dynamically, as well as in the development of family law in Indonesia, as we know with the phenomenon of judicial review of the marriage law that was filed by a mother who entered into an unregistered marriage with an official, then was subject to judicial review at the Constitutional Court. and issued Decision of the Constitutional Court No. 46/PUU-VIII/2010.

After the issuance of the Constitutional Court Decision No. 46/PUU-VIII/2010 also has implications for the Status of Children and Civil Rights. So in this article we will discuss the status of children in laws and regulations and then the relationship between child status and civil rights.

The results of the research in this article show that the status of children in laws and regulations is divided into two, namely legal children and children outside of marriage. Then the relation between child status and civil rights is that if a child is legal then he has full civil rights from his father and mother whereas if a child is out of wedlock then he only has civil rights to his mother and family but if he submits a request for child status in court then the child can have civil rights. from his biological father by being proven by technology that the child is related by blood to his father, but guardianship rights cannot be granted.