A Juridical Review of Children Born Out of Wedlock Based on Law Number 16 of 2019 concerning Marriage and the Child Protection Law
Year: 2026
Type: article
Abstract: Children born outside of a lawful marriage often face legal issues related to their civil status, identity recognition, and the fulfillment of their rights by their biological fathers. In practice, many biological fathers fail to fulfill their responsibilities, which negatively affects the protection of the child’s rights. This issue has become increasingly significant following the Constitutional Court Decision No. 46/PUU-VIII/2010, which recognizes a civil legal relationship between children born outside marriage and their biological fathers, provided that such a relationship can be proven in accordance with the law. This study aims to analyze the legal responsibility of biological fathers toward children born outside of marriage, as well as the legal proof of the civil relationship between the child and the biological father under Indonesian positive law. The research method used is normative legal research with statutory, conceptual, and case approaches through library research. The findings indicate that biological fathers have legal responsibilities, including providing financial support, education, legal protection, and the fulfillment of the child’s civil rights. The establishment of a civil relationship can be proven through DNA testing, acknowledgment of the child, documentary evidence, witness testimony, and court decisions. However, in practice, several obstacles remain, including social stigma, refusal of acknowledgment by biological fathers, and difficulties in evidentiary processes during litigation. Therefore, stronger legal protection and greater legal certainty are needed to ensure the rights of children born outside of marriage without discrimination based on their birth status.
Authors: Hurairah, Ferawati Royani, Amelia Amelia
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225791724
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