Journal on Education
Vol 6 No 4 (2024): Journal on Education: Volume 6 Nomor 4 Mei-Agustus 2024

Akibat Hukum Praktik Perkawinan yang Tidak Tercatat di Kantor Catatan Sipil Dikaitkan dengan Hak Waris Anak di Luar Perkawinan Menurut Kajian Hukum Perdata

Rian T R Simanjuntak (Universitas Negeri Medan)
Fariz Aditya (Universitas Negeri Medan)
Iwain O. Nababan (Universitas Negeri Medan)
Tawarika M. Pandiangan (Universitas Negeri Medan)
Eka Putriani Sihombing (Universitas Negeri Medan)
Rahmi Siregar (Universitas Negeri Medan)
Parlaungan Gabriel Siahaan (Universitas Negeri Medan)
Sri Hadiningrum (Universitas Negeri Medan)



Article Info

Publish Date
12 Jun 2024

Abstract

Referring to the Constitutional Court decision Number 46 / PUU-VIII/2010 that recognizes illegitimate children as having a civil relationship with their biological father, so that illegitimate children have inheritance rights. This decision has drawn pros and cons from the public. For those who support it, this decision is seen as legal protection and justice for illegitimate children, whereas for those who reject it, this decision is seen as an opening for crimes of deviation from religious values, such as unregistered marriages, acts of adultery or sexual immorality. This research method is empirical juridical. Types of secondary data sources obtained using library research. The results of the research show that to obtain legal certainty, the heir's statement should include the names of children from unregistered marriages, but this cannot be done, because there are no statutory regulations that determine the names of children resulting from extramarital marriages. is included in the deed, so an inheritance certificate containing the name of a child resulting from an unregistered marriage has legal force, therefore it is recommended that the government immediately do this and make regulations regarding the creation of inheritance certificates for children resulting from an unregistered marriage, so that it has clear legal force and permanent, and binding in general.

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Journal Info

Abbrev

joe

Publisher

Subject

Education

Description

Journal On Education is a journal that publishes articles related to research (Case Study, Qualitative, Quantitative, Action Research), or development in the field of education such as early education, basic education, secondary education, out-of-school education, higher education, assessment in ...