Legal Status of Children Out of Wedlock According to the Decision of the Constitutional Court in Inheritance of the Burgerlijk Wetboek (BW) System

Abstract

Objective: The purpose of this writing is to examine whether the protection of children out of wedlock has been achieved with the Constitutional Court Decision Number 46/PUU-VIII/2010. This research method uses normative legal research with a statutory approach, and the legal materials used include the Marriage Law No. 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, Burgerlijk Wetboek (BW), Law Law governing Children and Constitutional Court Decision Number 46/PUU-VIII/2010. Method: The type of research used is normative research which is oriented towards legal materials and documents that are relevant to this research. Normative legal research is legal research conducted by examining literature or secondary source. Results and conclusion: the study show that children out of wedlock as regulated in the Constitutional Court Decision Number 46/PUU-VIII/2010 do not receive maximum legal protection as expected by the applicant when submitting the application which gave birth to this Constitutional Court decision, especially in terms of inheritance. The results of the study show that children out of wedlock as regulated in the Constitutional Court Decision Number 46/PUU-VIII/2010 do not receive maximum legal protection as expected by the applicant when submitting the application which gave birth to this Constitutional Court decision, especially in terms of inheritance. Research implications: From this study it was found that children out of wedlock have not been regulated in detail regarding the distribution of inheritance if the child out of wedlock does not receive recognition from their biological parents. Originality/value: That the law seeks to provide protection to children out of wedlock by means of proof using technology.