NURHAYATI, BERNADETA RESTI (2016) Protection to the Civil Right of Illegitimate Child in Indonesian Legal System. Proceeding Protection to the Civil Right Of Illegitimate Child in Indonesian Legal System. pp. 2-8.
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PROTECTION TO THE CIVIL RIGHT OF ILLEGITIMATE CHILD_PAPER ICBESS.pdf Download (168kB) | Preview |
Abstract
In the system of Marriage Law, illegitimate child has civil relationship with his/her mother and mother's family. This position is better than the system in the Civil Code of Indonesia since in the Civil Code illegitimate child does not have civil relationship with his/her father or mother. The Civil Code of Indonesia provides two institutions to provide civil relationship between illegitimate child with his/her biological father and/or mother, namely the institution of “child recognition" and the institution of "child legitimation". "Child recognition" is conducted with the statement of voluntarily or by judge coercion, namely illegitimate child recognized by his/her biological father and/ or mother. "Child legitimation" can be performed when the biological mother and father are married to each other. Both institutions continue to apply until recently. When a child is not recognized or not approved, the illegitimate child does not have civil relationship with his/her biological father and/ or mother. In the law, there are some efforts being made to provide protection for the civil rights of illegitimate child, i.e.: (1) the one structured in the system of legislation; and (2) in the jurisprudence. The aims of this paper are to describe the protection to the civil rights of illegitimate child in the Indonesian legal system and to describe the protection to the civil rights of illegitimate child through litigation. There are some jurisprudences dealing with the civil rights status of illegitimate child in the Constitutional Court, District Court and Religious Court
| Item Type: | Article |
|---|---|
| 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 03:48 |
| Last Modified: | 13 Aug 2019 03:48 |
| URI: | http://repository.unika.ac.id/id/eprint/19781 |
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