Legal Protection of Human Rights for Feties (Children) Outside of Legal Marriage According to Indonesian Legal Regulations

Abstract

The Purpose of this research is addressed specifically how legal protection of human rights for fetuses (children) outside of legal marriage according to statutory provisions in Indonesia. This research is normative law research, also referred to as doctrinal law research. In this type of legal research, the concept of law is frequently thought of as what is written in laws and regulations (law in books) or as a rule or norm which is a standard for acceptable human behavior. The current statutory provisions do not fully guarantee a child's (foetus') right to life outside of a legal marriage, so the foetus may not be able to live as it should. This is due to a variety of factors from the child's prospective mother. The state, in this case the government, should develop a new paradigm that ensures the survival of children regardless of their legal marital status.