Juridical Analysis Of The Legal Force Of Will Deeds And The Status Of Children Born Out Of Wedlock After The Constitutional Court Decision No. 46/Puu-Viii/2010

DOI

10.2991/978-2-38476-531-7_37How to use a DOI?

Keywords

Children born out of wedlock; will deed; Constitutional Court Decision; inheritance law; comparative judgment

Abstract

The legal status of children born out of wedlock in Indonesia’s inheritance law has undergone a significant transformation following the Constitutional Court Decision No. 46/PUU-VIII/2010. This ruling affirms that a child born out of wedlock may obtain civil recognition from their biological father if such paternity can be proven through science and technology, including DNA testing. This study aims to analyze the legal force of wills concerning children born out of wedlock after the Constitutional Court decision, as well as to examine judicial considerations in court rulings related to inheritance rights of such children [3] . The research employs a normative juridical method with statutory and case approaches, analyzing the Religious Court Decision of Bontang No. 48/Pdt.P/2024/PA.Botg. and the Religious Court Decision of Singaraja No. 181/Pdt.P/2024/PN.Sgr. The findings indicate that the Constitutional Court Decision strengthens the legal standing of children born out of wedlock in inheritance law, particularly through the *wasiat wajibah* instrument in Islamic law. Nevertheless, the implementation of this decision still faces challenges, including variations in judicial interpretation and administrative barriers in the child recognition process.

Copyright

© 2025 The Author(s)

Open Access

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TY  - CONF
AU  - Zaira Sardina Rasyid
AU  - Said Rizal
AU  - Emir Syarif Fatahillah Pakpahan
AU  - Rizki Rizki
PY  - 2026
DA  - 2026/01/03
TI  - Juridical Analysis Of The Legal Force Of Will Deeds And The Status Of Children Born Out Of Wedlock After The Constitutional Court Decision No. 46/Puu-Viii/2010
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 327
EP  - 330
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_37
DO  - 10.2991/978-2-38476-531-7_37
ID  - Rasyid2026
ER  -