PENGAKUAN ANAK DI LUAR NIKAH: Tinjauan Yuridis tentang Status Anak di Luar Nikah

Abstract

The status of children born outside a valid marriage is one of the unique study that is still being debated. Law No. 1 of 1974 verses 42 and 43 explains that it is difficult for them to get a clear life status. They only have a civil attachment to the mother, not the father. However, the Constitutional Court Decision No.46 / PUU-VII / 2010 validate their interpretation of literal meaning of the Act No. 1 yr. 1974 in terms of the status of children with the acceptance of the confession of a man permission of the mother of the child with the data and evidence that the scientific to apply for admission of children to the authorities, and if the application is accepted by the law, then the relationship civil in children with men are created at that time anyway. This normative research analyzing a filing in Surakarta District Court on the recognition of the child and the filing of the Constitutional Court Decision No.46 / PUU-VII / 2010. The following presents the polemic arising from the opinion of the Constitutional Court Decision No.46 / PUU-VII / 2010 that have an impact on the spread of adultery.