Perlindungan Hukum terhadap Anak Yang Lahir dalam Ikatan Kawin Siri (Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010)

Yuliani, Tri and Sahetapy, Elfina Lebrine (2026) Perlindungan Hukum terhadap Anak Yang Lahir dalam Ikatan Kawin Siri (Pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010). In: Dinamika Hukum Pengaturan BUMDesa. Program Studi Magister Ilmu Hukum Universitas Surabaya, Surabaya. (Submitted)

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Abstract

Unregistered marriage (kawin siri) is a marriage conducted in accordance with religious law but not officially registered with the competent state authority as required by statutory regulations. This condition gives rise to various legal issues, particularly concerning children born from such marriages, including their legal identity, legal status, and civil relationship with their biological father. Constitutional Court Decision Number 46/PUU-VIII/2010 introduced a significant development by recognizing the civil relationship between a child born outside a legally registered marriage and his or her biological father, provided that such biological relationship can be legally proven. This study aims to analyze the legal protection of the identity and legal status of children born from unregistered marriages under Indonesian laws and regulations and to examine whether the regulation of civil relations between such children and their biological fathers after Constitutional Court Decision Number 46/PUU-VIII/2010 has provided legal certainty and legal protection. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through a prescriptive method. The findings indicate that legal protection for the identity and legal status of children born from unregistered marriages has been regulated under the 1945 Constitution of the Republic of Indonesia, the Child Protection Law, the Population Administration Law, and the Marriage Law. Furthermore, Constitutional Court Decision Number 46/PUU-VIII/2010 provides more progressive legal protection regarding the civil relationship between children and their biological fathers. Nevertheless, the decision has not yet fully ensured optimal legal certainty due to the existence of normative and practical obstacles in its implementation.

Item Type:	Book Section
Uncontrolled Keywords:	Legal Protection, Child, Unregistered Marriage, Civil Relationship, Biological Father.
Subjects:	K Law > K Law (General)
Divisions:	Postgraduate Programs > Master Program in Law
Depositing User:	Amirul Ulum 195027
Date Deposited:	06 Aug 2026 12:15
Last Modified:	06 Aug 2026 12:15
URI:	http://repository.ubaya.ac.id/id/eprint/51154

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