The Inheritance Rights of Illegitimate Children outside Marriage in the Perspective of Children

Abstract

In 2012, the Constitutional Court of the Republic of Indonesia concerning the inheritance rights of illegitimate children. Based on Constitutional Court Decision, No. 46/PUU-VIII/2010, Article 43 (1) of Law No. 1 of 1974 on Marriage, which states "Children who are born outside marriage have only a civil relationship with their mothers and maternal family," is contrasting with the Constitution of the Republic of Indonesia of 1945. Based on the Constitutional Court, Article 43(1) Marriage Act has no legal binding force; therefore, the status and the rights of the illegitimate children, including biological children in the marriage and inheritance law have the same status and rights as the legitimate children (born out of a valid marriage).

Such decision has provoked the contradiction between the legal norms and concepts, especially the religious norms and the prevailing concept of inheritance rights in Indonesia. Based on the Court, these children including the children of adultery achieve the inheritance rights because they have a lineage to the biological fathers which is in fact are established by technology and science.