The Protection of Law toward Illegitimate Children
Journal: International Journal of Science and Research (IJSR) (Vol.7, No. 12)Publication Date: 2018-12-05
Authors : Muhammad Izudin;
Page : 178-183
Keywords : illegitimate children; civil relationship; protection of law;
Abstract
This study discussed about the protection of law toward illegitimate children. The Constitutional Court No.46/PUU-VIII/2010 has changed the statement on Article 43 Paragraph (1) into the statement that stated illegitimate children have civil relationship with both their mother and the family and father and the family. This changing caused a problem because it is not in accordance with the Islamic norms which stated that illegitimate children cannot be related to their biological father. The methodology used in this study was qualitative descriptive based on library research. The result showed that illegitimate children had right to get the provision right, the guardianship right, and the inheritance right as their protection of law that ruled in the Constitutional Court No.46/PUU-VIII/2010.
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