TINJAUAN YURIDIS NORMATIF PERLINDUNGAN ANAK LUAR KAWIN SEBAGAI AHLI WARIS PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 46/PUU-VIII/2010 DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA

After the Constitutional Court Decision Number: 46/PUU-VII/2010, children out of wedlock can get inheritance rights when their biological father has made a recognition that can be proven by science and technology. The formulation of the problem in this writing includes: first, how is the status of children out of wedlock as heirs after the Constitutional Court Decision Number: 46/PUU-VII/2010 in a positive legal perspective in Indonesia. Second, how to protect the legal protection of children out of wedlock as heirs after the Constitutional Court Decision Number: 46/PUU-VII/2010 in a positive legal perspective in Indonesia. This paper aims to find out the status and legal protection of children out of wedlock as heirs after the Constitutional Court Decision Number: 46/PUU-VIII/2010 in a positive legal perspective in Indonesia. The method used in this writing is normative juridical with literature research techniques. The result of this study is that originally the status of children out of wedlock only had a civil relationship with the mother and the mother's family. However, after the Constitutional Court Decision Number: 46/PUU-VII/2010 has clarified the legal protection of children out of wedlock. So that children out of wedlock can have a civil relationship with their father and his father's family as evidenced based on science and technology or other evidence. The conclusion and suggestion of this writing is that the application for a material test in Article 43 paragraph (1) of the Law on Marriage of 1974 has protected the status of children out of wedlock. With the Constitutional Court Decision Number: 46/PUU-VIII/2010 has provided legal protection for children out of wedlock as heirs of their parents. So it must be implemented as best as possible to provide protection for the rights of children out of wedlock.