HAK WARIS ANAK LUAR KAWIN DAN AKIBAT HUKUMNYA (STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010)

Every child has a dignity that must be upheld, and every child who is born must get his rights without being asked by the child. Therefore it must be protected, respected and defended, and must not be neglected. The Constitutional Court Decision Number 46 / PUU-VIII / 2010 examines the status of children outside of marriage. This paper aims to find out and examine the basis for judges' considerations in imposing the inherit Fance rights of children outside of marriage in the Constitutional Court Decision Number 46 / PUU-VIII / 2010 and to find out the legal consequences that arise for children outside of marriage after the issuance of the Constitutional Court Decision Number 46 / PUU- VIII / 2010. The research method used in this thesis is the Normative Juridical approach, namely the statutory approach. The results obtained after the judge's consideration related to the lawsuit of article 2 paragraph (2) of Law number 1 of 1974 and article 43 paragraph (1) of Law number 1 of 1974 according to the author's analysis with the issuance of a Judicial Review on Article 43 paragraph ( 1) Law Number 1 of 1974 contained in the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010, so there have been several changes to the rights and position of children, one of which is the legal effect of marriage on the right to claim inheritance for children outside of marriage. appropriate and in accordance with justice, especially children born from unregistered marriages who must be protected by constitutional rights. In addition, the legal consequence that arises after the issuance of the Constitutional Court decision Number 46 / PUU-VIII / 2010 concerning the Status of Children Outside of Marriage is that it creates a civil relationship between the child and his biological father while it can be proven by technology and science and / or other means of evidence according to the law. blood relations including civil relations with the family of the biologicalfather