Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System

Children born out of wedlock often face legal obstacles in obtaining recognition and protection of their rights, especially in civil relations with their biological fathers. The Indonesian legal system, especially after the Constitutional Court decision Number 46/PUU-VIII/2010, has opened up space for children born out of wedlock to have their civil relations with their biological fathers recognized, as long as it can be proven scientifically and technologically, such as through DNA testing. However, the implementation of this recognition still faces challenges, both in terms of applicable legal norms and the practice of judicial institutions. This study aims to analyze the extent to which legal protection of the rights of children born out of wedlock can be enforced in their civil relations with their biological fathers, as well as to examine the effectiveness of applicable norms in realizing justice and legal certainty for children in this position.

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Publication Details

Journal
Greenation International Journal of Law and Social Sciences
Published
2025-06-17
DOI
https://doi.org/10.38035/gijlss.v3i2.415
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
15.98
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article

Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System

Abdullah Sulaiman, Firman Muhammad Arif
1 citations
Greenation International Journal of Law and Social Sciences
Legal Studies and Policies
15.98
article

Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System

Abdullah Sulaiman, Firman Muhammad Arif
article en
1 citations

Abstract

Children born out of wedlock often face legal obstacles in obtaining recognition and protection of their rights, especially in civil relations with their biological fathers. The Indonesian legal system, especially after the Constitutional Court decision Number 46/PUU-VIII/2010, has opened up space for children born out of wedlock to have their civil relations with their biological fathers recognized, as long as it can be proven scientifically and technologically, such as through DNA testing. However, the implementation of this recognition still faces challenges, both in terms of applicable legal norms and the practice of judicial institutions. This study aims to analyze the extent to which legal protection of the rights of children born out of wedlock can be enforced in their civil relations with their biological fathers, as well as to examine the effectiveness of applicable norms in realizing justice and legal certainty for children in this position.

Greenation International Journal of Law and Social SciencesVol. 3(2)
Syarif Hidayatullah State Islamic University Jakarta (ID), Universitas Borobudur (ID)
Openalex Percentile: Top 2%
Legal Studies and Policies
15.98
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Protection of the Rights of Extramarital Children in Civil Relations between Children and Biological Fathers According to the Indonesian Legal System — Abdullah Sulaiman, Firman Muhammad Arif · Greenation International Journal of Law and Social Sciences (2025) | TGRS Research Map | TGRS