Status Hukum Anak Luar Nikah Pasca Putusan Mahkamah Konstitusi Nomor 46.PUU-VIII/2020

Abstract

Purpose – This study aims to examine the development of the legal status of children born out of wedlock in the context of Indonesian national law and Islamic law, with a focus on Constitutional Court Decision No. 46/PUU-VIII/2010. It explores how legal perspectives have shifted to address demands for justice and human rights for all children regardless of their birth status..

Methodology – used is library research with a socio-historical approach. Data is sourced from legal documents, books, journals, theses, classical texts, and other academic works. The analysis is based on Arnold Marshall Rose’s theory of social change.

Findings – The findings indicate that the shift in legal recognition of children born out of wedlock is driven by advancements in science and technology (particularly DNA testing), cultural conflicts, and increasing social movements advocating for equal rights..

Originality/Novelty – The novelty of this study lies in its use of a socio-historical lens to analyze the transformation of legal norms concerning children born out of wedlock and the role of modern legal reforms.

Implications – The implication of this research is the urgent need to revise Law No. 1 of 1974 on Marriage, as it is no longer in harmony with the Constitutional Court’s ruling and the Child Protection Law, to ensure comprehensive legal protection for all children.