LEGAL REVIEW OF THE INHERITANCE RIGHTS OF ILLEGAL CHILDREN FROM THE PERSPECTIVE OF THE COMPILATION OF ISLAMIC LAW (KHI) FOLLOWING THE CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010

Abstract

This study aims to (1) determine the relevance of conducting a judicial review of Constitutional Court Decision Number 46/PUU-VIII/2010, reviewed based on applicable laws and regulations, and (2) determine the legal consequences of the inheritance rights of illegitimate children for the parties following Constitutional Court Decision Number 46/PUU-VIII/2010. The type of research used is normative legal research. The approaches used in this study are the statutory approach, the case approach, and the conceptual approach. The legal sources used are primary legal materials, secondary legal materials, and tertiary legal materials that have been obtained and then analyzed to obtain conclusions relevant to this research problem.

The results of this study indicate that (1) the relevance of conducting a judicial review of Constitutional Court Decision Number 46/PUU-VIII/2010 is due to the provisions in Article 43 paragraph (1) of Law No. 1 of 1974 only regulates that children born outside of marriage only have a civil relationship with their mother and their mother's family, which is contrary to constitutional rights as citizens in Article 28B paragraph (1) and paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution and (2) the legal consequences of the inheritance rights of children born outside of marriage after Constitutional Court Decision Number 46/PUU-VIII/2010 are that the recognition of children born outside of marriage as legitimate children means that they will have an inheritance relationship with their biological father without having to be preceded by recognition and validation, on the condition that a biological relationship between the child and the biological father can be proven based on science, for example through a DNA test.