OVERVIEW OF JURIDICAL LEGAL POSITION OF CHILDREN FROM MARRIAGE SERIES ACCORDING TO ARTICLE 43 ACT NO. 1 YEAR 1974 ABOUT MARRIAGE

Karim, Andi Yuliana and Hafidz, Ma’ruf and Rinaldy Bima, Muhammad (2020) OVERVIEW OF JURIDICAL LEGAL POSITION OF CHILDREN FROM MARRIAGE SERIES ACCORDING TO ARTICLE 43 ACT NO. 1 YEAR 1974 ABOUT MARRIAGE. OVERVIEW OF JURIDICAL LEGAL POSITION OF CHILDREN FROM MARRIAGE SERIES ACCORDING TO ARTICLE 43 ACT NO. 1 YEAR 1974 ABOUT MARRIAGE, 3 (3). pp. 1-13. ISSN 2621-458X

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Abstract

The study aims to know and analyze the child’s legal position as a result of the marriage series according to Law No. 1 of 1974 on marriage and to know and analyze the rights of the child in the Marriage series according to Act No. 1 year 1974 on marriage. This research uses a method of normative juridical approach which is descriptive which is describing systematically and comprehensively of the object being researched. The legal materials used are secondary data consisting of primary, secondary, and tertiary legal substances. This kind of research is commonly referred to as a literature study. The results of this study stated that, Status of a child born in an unlisted marriage or a marriage series after the enactment of Law No. 1 of 1974 on marriage is referred to as child outside mating. The position of the son who was born outside of marriage through verdict No. 46/PUUVIII/2010 dated 17 February 2012, from article 43 a child of foreign marriage only has a relationship with biological father, the term in question related to maintenance, support and inheritance. The Constitutional Court severes the child’s result of the marriage of the series entitled to recognition with his biological father and also entitled to an heir as well as his other legitimate marriage child, the child outside of marriage is entitled to heir and will be better when the repetition of marriage is religious and state. With the issuance of the Constituent Assembly decree No. 46/PUUVIII/2010 should be clear about the status of the child who is the result of a child born from a marriage under a religious legitimate hand. The Government should further reaffirm the position of the child born of the marriage under the hands and the inheritance issue of the child born from the marriage under the hand with the renewal of the law on the inheritance of the child born of the marriage under the hand. The government must reinforce with the legislation that the child resulting from the marriage of the series is not a child of adultery, because the child is not the result of the son of adultery between a woman and a man who has no marriage ties, and it would be better if in our country not only to know the marriage on a series but in a state also important.

Item Type:	Article
Subjects:	J Political Science > JX International law K Law > K Law (General)
Divisions:	FAKULTAS HUKUM > ILMU HUKUM
Depositing User:	operator 2
Date Deposited:	02 May 2023 08:04
Last Modified:	02 May 2023 08:04
URI:	http://repository.umi.ac.id/id/eprint/2308

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