Implications of the Verdict of Constitutional Court Number 46/PUU-VIII/2010 on the Hereditary Right of Illegitimate Children Born of Mixed Couple in Islamic Law Perspective

Abstract

The differences in regulation of position of heir illegitimate (outside marriage) child that born from mixed couples has led to legal issues, particularly rules of law which should be chosen for interested party (illegitimate child) when he had to use his rights as citizen and legal resident. According to Civil Code, illegitimate children born of mixed couples, just have a legal relationship with her mother and her mother’s family, unless recognized by biological It means that children born outside marriage of mixed couples that are recognized by biological father have hereditary rights from both father and mother. However, illegitimate children’s inheritance right that is recognized by father or mother is not same as legitimate children. According to Law No. 1/1974 which essentially adopted Islamic law, says that outside marriage children can not be recognized and separated by a father (natural father). The children only have a legal relationship with their mother but children still have a mother who gave birth to them, with understanding that between children and mother have legal relationship as well as legitimate children who have a The nature of Islamic law says that that children outside marriage are illegitimate children. Although their parents have made recognition or endorsement but because of children were born outside of their parent’s marriage, but still society views that children were illegitimate. Based Constitutional Court Decision No. 46/PUU-VIII/2010 dated February 12, 2012, that the child's relationship with a man as father is not solely because of marriage bond, but can also be based on evidence of blood relationship between children and men as father. This provision implicates heritage status of child. This means that illegitimate children born of mixed couples still have inheritance rights from biological father as existence can be proven through a series of proving both technologically and legally.