CD-ROM

Kedudukan Hukum Anak Luar Kawin dalam Pewarisan Menurut Hukum Perkawinan di Indonesia (CD + Cetak)

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Marriage is one of the forms of human effort to create a group bond called a family. According to Law Number 1 1974 on Marriage. In Article 1 UUP marriage and its purpose is the inner birth bond between a man and a woman as husband and wife with the purpose of forming a happy and lasting family or household. Explained in Article 6 of the UUP includes the terms of marriage, namely the agreement of the two bridesmaids, brides are 19 years old for men and 16 years for women with the permission of both parents. The terms of the marriage were also reaffirmed in Article 7 of the UUP. In reality it still looks a lot going on
underage marriage.
Post-Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 dated 17 February 2012 on an illegitimate child received his civil law recognition to his biological father, and in his dictation reviews the provisions of article 43 paragraph (1) Marriage Law Number 1 of 1974 becomes “Children born outside marriage has a civil relationship with his mother and his mother's family as well as with a man as his father who can be proven based on science and technology and / or other evidence according to law has blood relations, including relations civil with his father's family ". Hence the Marriage Law No. 1 Year 1974 experienced very significant changes, especially article 43 paragraph (1), because UUP has not amended, thus disturbing the community. Though the MK Decision is a the final decision related to the UUP material test, in particular article 43 paragraph (1). By therefore, this MK Decision applies as law, so the substance applies
general, not individual and not casuistic. MK's decision became the norm of the law
for all Indonesian citizens about the legal relationship between the child and the couple his parents and all the consequences, both the child who was born in bondage marriage as well as outside of a valid marriage bond
Inheritance property is property left by the heirs, well the property is already in shared or not shared or indeed not shared. The heritage property can be owned by heirs with legal provisions and the existence of a will from the heirs. If the heir
do not make a will about the inheritance he left then the heirs can make a certificate of the heir in the presence of a notary as the heir of the heir has died because each heir has the right to inherit property the legacy left by the heirs, and in this study that is the problem whether the heirs not listed in the heirs' certificate can accept inheritance property and how the application of the law of the high court of Bandung in the case this heritage property whether the said decision has been in accordance with the rules applicable laws.
Purpose To study the legal status of children out of wedlock after the Decision Constitutional Court Number 46 / PUU-VIII / 2010, and reviewed the law of marriage are in Indonesia and study the law governing the rights of heirs to children outside of marriage according to existing marriage laws in Indonesia.
Based on the background and problems as described above then the method used through, collection of legal materials, legal materials primary and secondary legal materials.
From the above explanation we can understand that the Marriage Law emphasizing the legitimacy of marriage on two elements, namely marriage should be implemented in accordance with the terms and conditions applicable in Indonesia and the law
Religion so that the position of the child is more clearly seen as well as the position of rights inherit it.

Keywords: Marriage,, Constitutional Court Decision Number 46 / PUU-VIII / 2010., Heritage

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

052 PDT2020 KIR k

Penerbit

Malang : Fakultas Hukum Universitas Merdeka Malang., 2020

Deskripsi Fisik

PDF, 1.338 KB

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

052 PDT 2020

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

MARRIAGE
CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2
HERITAGE

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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