Rights of Illegitimate Kids Essay

International Diary of Sciences:

Basic and Applied Research


ISSN 2307-4531

(Print & Online)



The Gift of money Rights of Illegitimate Kids outside Marriage in the Point of view of Kids Rights

Bahruddin Muhammad a*, Thohir Luthb, Abdul Rachmad Budionoc, Jazim Hamidid a

Candidat Doctor, University of Brawijaya, Indonesia


Prommotor, Professor, University or college of Brawijaya, Indonesia


Co-Prommotor, Teacher, University of Brawijaya, Philippines


Co-Prommotor, Professor, College or university of Brawijaya, Indonesia

[email protected] com


In 2012, the Constitutional Courtroom of the Republic of Indonesia concerning the gift of money rights of illegitimate kids. Based on Constitutional Court Decision, No . 46/PUU-VIII/2010, Article 43 (1) of Law Number 1 of 1974 in Marriage, which usually states " Children whom are created outside marriage have simply a municipal relationship with the mothers and maternal friends and family, " can be contrasting with the Constitution with the Republic of Indonesia of 1945. Depending on the Constitutional Court, Document 43(1) Matrimony Act does not have legal holding force; consequently , the status and the legal rights of the illegitimate children, which include biological children in the marriage and gift of money law have a similar status and rights because the reputable children (born out of the valid marriage). Such decision has triggered the conundrum between the legal norms and concepts, especially the religious best practice rules and the prevailing concept of inheritance rights in Indonesia. Based upon the Court docket, these children including the children of coitus achieve the inheritance privileges because they have a lineage towards the biological dads which is the truth is are structured on technology and science.

Keywords: Children rights, illegitimate Children, Constitutional The courtroom of the Republic of Philippines, Constitution of the Republic of Indonesia of 1945.

-----------------------------------------------------------------------* Corresponding creator. E-mail addresses: [email protected] com.


Foreign Journal of Sciences: Simple and Utilized Research (IJSBAR) (2014) Quantity 14, Simply no 1, pp 49-62

1 )


Based on the law in the legitimate marital life, the children delivered outside marital life are the kids born outside legal matrimony. Based on suitable marriage regulation in Dalam negri, the marriage may be termed as a legitimate marriage whether it meets two conditions secret of law that are based upon religion and beliefs getting adhered by the parties and noted in the authentic document, which can be in the record of marital life register book. The valid marriage is needed by equally religion (e. g. Islamic law) and the juridical regulations (marriage law). To observe the position and legal rights of the kids of the relationship, it absolutely depends on the two conditions over. The status and privileges of the bogus children, therefore also depends on the validity of marriage while the two applicable laws stated earlier. This year, the Constitutional Court with regards to the inheritance rights of the bogus children. The court has been granted a judicial report on Article 43 (1) of Law No . 1 of 1974 on Marriage (hereinafter abbreviated UUP) proposed by Machica Mochtar who had unregistered marriage, known as " sirri marriage”. Sirri marriage is unregistered relationship or " Sirri”, in the terminology of valid relationship based on the advantages of Islamic legislation but it is definitely not listed officially inside the marriage publication. Based on Constitutional Court decision No . 46/PUU-VIII/2010, Article 43, (1) of Law Number 1 of 1974 on Marriage (State Gazette with the Republic of Indonesia 12 months 1974 No . 1, Supplement to State Feuille of the Republic of Dalam negri Number 3019), which states " Kids born outdoors marriage include only a civil marriage with their mom and mother's family”,...

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Intercontinental Journal of Sciences: Basic and Used Research (IJSBAR) (2014) Volume 14, No 1, pp 49-62

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