INHERITANCE RIGHTS FOR NON-MARITAL CHILDREN IN THE PERSPECTIVE OF INHERITANCE LAW

Abstract

Children are a mandate from the Almighty and hold an important position in the eyes of the State. Therefore, a child's rights must be protected according to their natural nature. Indonesian law strives to fulfil a child's rights through its constitution, especially for children whose identities are distinguished as non-marital children. Through the Constitutional Court Decision Number 46/PUU-VIII/2010, a non-marital child can have equal rights as a legitimate child in the context of civil inheritance rights. This decision has successfully shifted the status of non-marital children in the eyes of the civil code, which previously stated this could only be connected civilly with the mother's side and the mother's relatives. Through a normative legal approach, this study seeks to describe the situation of recognizing non-marital children (biologically) concerning the laws that apply in society, customary law and Islamic law which are the background to the principles of civil law itself. This research also seeks to provide an update on research studies that through the power of the Constitutional Court, a child can be considered related to his/her biological father and relatives in a civil manner by proving the blood ties either scientifically or technologically.