PERLINDUNGAN HUKUM BAGI ANAK LUAR KAWIN YANG DISEMBUNYIKAN IDENTITASNYA OLEH PEWARIS TERKAIT BAGIAN WARISANNYA MENURUT HUKUM PERDATA.

Abstract

The Constitutional Court's decision number 46/PUU-VIII/2010 changed the contents of Article 43 paragraph 1 of Law number 1 of 1974 concerning Marriage wherein the ruling in the third paragraph stated that children born out of wedlock have civil relations with their mothers and their mothers' families as well as with men. the man as the father who can be proven based on science and technology and/or other evidence according to law has blood relations including civil relations with his father's family. The phenomenon that occurs in society, many illegitimate children are hidden by the heir as their biological father. So that the certificate of inheritance rights does not include children out of wedlock as heirs. This is the formulation of the problem of how the legal consequences for children out of wedlock are related to the part of the rights that are hidden in inheritance and how the legal protection for children out of wedlock whose identity is hidden by the heir is related to the part of the right to inherit. The theory used is the legal protection theory of Satjipto Rahardjo and the theory of children out of wedlock from R. Soeroso. The method used in this research is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is a statutory approach, a conceptual approach, an analytical approach and a case approach. The technique of collecting legal material is carried out by identifying and inventorying positive law rules, literature, books, journals and other sources of legal materials. For the technique of analyzing legal material, it is carried out using legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. From the research results, it can be seen that the legal consequences for illegitimate children related to the part of the rights that are hidden by inheritance based on a court decision, the child has a civil relationship with the mother and father so that legal actions related to inheritance can be cancelled. This can be seen by canceling the Inheritance Declaration Deed. As for lawsuits, it can be carried out through unlawful acts, while legal protection for children out of wedlock is limited to children out of wedlock in the narrow sense, namely children born out of wedlock who are not registered. The decision of the Constitutional Court only provides protection for biological responsibility regarding rights and responsibilities as a biological father and is not related to the inheritance status of a father to his child as an heir, but this decision can be used as the basis for a lawsuit regarding the inheritance rights of children out of wedlock in a narrow sense