TINJAUAN HUKUM HAK KEPERDATAAN ANAK LUAR KAWIN PASCA PUTUSAN MK No. 46/PUU-VIII/2010

This research examines the legal status of children born out of wedlock following the Constitutional Court Decision No. 46/PUU-VIII/2010, which reshaped the paradigm of family law in Indonesia. Prior to this ruling, children born outside of marriage were legally recognized only in relation to their mother and her family under Article 43 paragraph (1) of Law No. 1 of 1974 on Marriage, resulting in discrimination and legal uncertainty. The Constitutional Court subsequently affirmed that children out of wedlock who can be proven to have a biological relationship with their father through scientific evidence and/or other lawful means are entitled to civil relations with their father and his family. This study employs a normative juridical method with statutory and conceptual approaches, analyzing primary legal materials such as the Marriage Law and the Constitutional Court decision, as well as secondary literature and tertiary references. The findings indicate that the Constitutional Court’s ruling provides more equitable legal protection for children born out of wedlock, particularly regarding identity rights, maintenance, and inheritance through the mechanism of wasiat wajibah. Nevertheless, from the perspective of Islamic law, such children do not possess lineage (nasab) with their biological father, and inheritance rights cannot be granted, but may instead be substituted with hibah or financial support. In conclusion, Constitutional Court Decision No. 46/PUU-VIII/2010 represents a progressive legal breakthrough in safeguarding the rights of children born out of wedlock in accordance with the 1945 Constitution and the principle of non-discrimination, while still leaving unresolved debates in harmonizing with Islamic law.