THE EXPLANATION OF CHILD AND WIFE’S INHERITANCE RIGHTS AS A RESULT OF SIRI LEGITIMATE MARRIAGE

Abstract

Illegitimate children or children out of wedlock are under a legal relationship with their mother and their mother's family as stipulated in Law No.1/1974. On the other side, KUHPdt/BW views that the legal relationship is entitled to the person who acknowledges it. The Constitutional Court has declared Article 43, paragraph (1) of the Marriage Law to be conditionally unconstitutional. Problems occur in from the decision of the Constitutional Court Number: 46 / PUU-VIII / 2010 regarding the status of illegitimate children and inheritance from the father. In Islamic law, illegitimate children are not eligible for the inheritance from their fathers since there has to be a lineage or a legal relationship between them. This research comprehensively discusses the characteristics of inheritance distribution to illegitimate children in positive Indonesian law, as well as the reduction of a wife's inheritance rights as a result of the legal consequences of inheritance distribution to illegitimate children based on Constitutional Court Decision Number: 46/PUU-VIII/2010. In this normative legal research, case approach was used to analyze relevant laws and regulations and examine several relevant cases. The results confirm the apparent support for the inheritance rights of illegitimate children, which lies within the mother's family line. However, according to Article 863 of the BW, if there are legal offspring, a husband, or a wife, illegitimate children inherit only one-third of what legitimate children would receive.

Keywords

• illegitimate children
• inheritance
• marriage