NURHAYATI, BERNADETA RESTI and NURBANINGSIH, ENNY The Politics of Law of the Civil Right Protection to Children Born Out of Wedlock in Indonesian Legal System. Other. Unika Soegijapranata Semarang, Semarang.
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Abstract
Child civil rights are the personal rights owned by a child to enjoy the right to alimony, the right to use family name, and inheritance rights. Civil rights are automatically owned by legitimate children, but the civil rights of children born out of wedlock are enjoyed when their fathers and/ or mothers conduct "child recognition" and ”child validation" to children born out of wedlock. The institution of child recognition and validation was derived from the Dutch Wetboek Burgelijk applied for Dutch people who lived in the Dutch East Indies. When Indonesia has been independent, Burgerlijk Wetboek is still applied to fill in the legal vacuum. When Indonesia enacted Law No. 1 of 1974 on Marriage, not all aspects set out in the Civil Code are embodied, including the institution of child recognition and validation. Meanwhile, in practice, there is a need for the protection to children born out of wedlock. The enactment of Law No. 24 of 2013, makes children born out of wedlock lose the right to get recognition from their biological fathers because according to Law No. 24 of 2013, the recognition of children born out of wedlock can only be conducted if the children’s parents are married religiously. This provision eliminates the rights of children born out of wedlock whose parents may not be religiously married to each other so that children born out of wedlock remains to potentially experience discrimination. If law is the means to provide protection to children born out of wedlock, it is time for the Government to use its authority to provide the regulation of civil rights in favor of them, so children born out of wedlock can optimally grow to reach maturity and be free from discrimination.
| Item Type: | Monograph (Other) |
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| Subjects: | 300 Social Sciences > 340 Law 300 Social Sciences > 340 Law > 346 Private Law > Law Protection |
| Divisions: | Faculty of Law and Communication |
| Depositing User: | Mrs Christiana Sundari |
| Date Deposited: | 13 Aug 2019 03:46 |
| Last Modified: | 13 Aug 2019 03:46 |
| URI: | http://repository.unika.ac.id/id/eprint/19778 |
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