EXISTENSI HAK KEPERDATAAN ANAK LUAR KAWIN MENURUT HUKUM PERDATA, HUKUM ISLAM, DAN HUKUM ADAT SETELAH PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUU-VIII/2010

The child is a gift from God Almighty that is invaluable and desires for the
family to continue the better offspring, explained in the Marriage Law the child is
divided into 2 namely legitimate children and illegitimate children. According to
the provisions of Law No. 1 of 1974 concerning Marriage Article 42 Legitimate
children are children born in or as a result of legal marriage. Whereas in Article
43 paragraph (1) an illegitimate child is a child born outside of marriage who only
has a civil relationship with his mother and his mother's family.
The existence of clear and directed research goals can facilitate the conduct of
research. Then referring to the problem above, the objectives to be achieved in
this study are as follows To find out how the legal status and civil rights of
extramarital children according to Civil Law, Islamic Law, and Customary Law
after the Decision of the Constitutional Court No.46 / PUU-VIII / 2010.
The type of research used in this study is normative juridical, namely the
problems raised, discussed and described in this study are carried out by applying
positive norms or norms. The type of normative juridical research is carried out by
examining various types of formal legal rules such as laws, literature that aretheoretic concepts which are then related to the issues that are the subject of
discussion.
Keywords: Civil Law, Child Protection, Extramarital Children