IMPLIKASI HUKUM PUTUSAN KASASI NOMOR 1055/K/PDT/2023 TERHADAP STATUS ANAK HASIL HUBUNGAN DILUAR PERKAWINAN

This research aims to understand the legal considerations of judges in Cassation Decision Number 1055/K/Pdt/2023 and its legal implications for the status of children born out of wedlock. The research method used is normative juridical, employing legislative and case law approaches, primary, secondary, and tertiary legal materials, with literature study collection techniques, then analyzed using qualitative descriptive methods. The result of this research is that the consideration of the Panel of Judges in Cassation Decision Number 1055/K/Pdt/2023 is that the judex factie decision which annulled the Decision of the Tangerang District Court; to partially grant the lawsuit; did not incorrectly apply the law and proved that the Plaintiff lived together with the Defendant until the birth of a daughter from the Plaintiff, with the rejection of the cassation petition implying the legal reinforcement and implementation of the Judex Facti Decision (Appeal Decision Number 109/PDT/2022 PT BTN) which stated that the Defendant/Appellee had committed an unlawful act and a daughter named Naira Kaemita Tarekat is the biological child of Rezky Adhitya Dradjamoko, which means the child also has civil relations with her biological father as stated in Constitutional Court Decision Number 46/PUU-VIII/2010 and civil rights such as maintenance rights (Article 45) and maintenance obligations (Article 46) of the Marriage Law, the right to be represented in all legal actions as stated in Article 47 of the Marriage Law and inheritance rights as stated in Article 863 of the Civil Code. It is advisable that the Panel of Judges in deciding each case should thoroughly consider all aspects, as in this case, to ensure that every child receives legal protection and rights as they should.