Implikasi Hukum Keputusan MK 46/PUU-VIII/2010 Terhadap Hak Waris Anak Luar Kawin

Abstract

The problem under study is how the relationship between children born out of wedlock is based on Islamic law and the Civil Code, and what are the similarities and differences in the legal status of children born out of wedlock based on Islamic law and the Civil Code. The purpose of this study is to find out how the civil relationship between children born out of wedlock and their parents is based on Islamic law and the Civil Code and to find out the similarities and differences of children born out of wedlock based on Islamic law and the Civil Code. The research method used is the normative method. The results of research in Islamic law that children out of wedlock only have a civil relationship with their mother and mother's family and in the Civil Code, children outside of marriage will have a civil relationship with their father and mother after there is ratification and acknowledgment from their father and mother. The decision of the Constitutional Court Number 46/PUU-VIII/2010 has implications for changes in values in society regarding the status and rights of children to children outside of marriage. On the one hand, the decision of the Constitutional Court protects the rights of illegitimate children, because with this decision, illegitimate children have the right to inherit, earn a living and guardianship from their biological father. However, on the other hand, the decision seems to weaken the function and cause the institution of marriage to become less relevant Keywords: civil relations, children out of wedlock, decisions of the constitutional court