Cok Gede Mega Putra’s scientific contributions

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Publications (1)


Civil Relationship of Children Born without Marriage with Biological Father based on Constitutional Court Decision Number 46/PUU-VIII/2010
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November 2020

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3 Citations

NOTARIIL Jurnal Kenotariatan

Cok Gede Mega Putra

The purpose of this study is to analyze the civil relationship between the children born without marriage with his biological father and the arrangement about the civil relationship between the children whose mothers did not have marriage. This study is a normative juridical which is the approach used in this is is the statute approach, the case approach, and the conceptual approach. The legal material comes from document studies. This study is analyzed qualitatively. The results of this study showed that the children born outside marriage initially have only a civil relationship with their mother and mother's family according to Article 43 of Law Number 1 of 1974 concerning Marriage on what is meant by a child outside of marriage but with the Constitutional Court Decision Number 46/PUU-VIII/ 2010, then a child born outside marriage can have a civil relationship with father and his father's family. The father and mother have rights and obligations to the born, even if the child is born outside of marriage. In this study, it can be concluded that children born without marriage have civil relations with their biological father as stipulated in Decision of the Constitutional Court Number 46 / PUU-VIII / 2010. The arrangement of civic relationships between children whose mothers are not married as in Law Number 1 of 1974 on Marriage, but by Decision of the Constitutional Court Number 46/PUU-VIII/2010, the child has a civil relationship with his mother and father.

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Citations (1)


... Similarly, those relating to a child's living or living expenses are not manifested in the child's living according to Islamic law, but rather through other forms of obligation on the biological father in the form of punishment to pay a certain amount of money or assets for the child's living or living expenses until adulthood. Children and succession The Constitutional Court's decision should not be interpreted as a justification for extramarital relations and is consistent with Articles 1 and 2 of Law No. 1 of 1974 [26]. ...

Reference:

Decision of Constitutional Court on the Rights of the Child Out of Wedlock
Civil Relationship of Children Born without Marriage with Biological Father based on Constitutional Court Decision Number 46/PUU-VIII/2010

NOTARIIL Jurnal Kenotariatan