PROBLEMATIKA PEMBAGIAN WARIS ANAK LUAR KAWIN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 (STUDI DI KABUPATEN JOMBANG)

Rosyid, Ilham Ahmad Hikamur (2025) PROBLEMATIKA PEMBAGIAN WARIS ANAK LUAR KAWIN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 (STUDI DI KABUPATEN JOMBANG). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Before the Constitutional Court Decision Number 46/PUU-VIII/2010, children born out of wedlock only had a civil relationship with their mother and her family. However, after the issuance of Constitutional Court Decision Number 46/PUU-VIII/2010, it was stated that children born outside of a legal marriage could have a civil relationship with the man who caused their birth. This would cause problems in. Considering that children born out of wedlock do not receive lineage from their father, this means that children born out of wedlock do not have inheritance rights from their father. Therefore, to examine this matter, the author formulates two research questions: 1. What are the issues surrounding inheritance distribution for children born out of wedlock in the Jombang region? 2. What are the solutions to the issues surrounding inheritance distribution for children born out of wedlock in the Jombang district? This study uses an empirical juridical method with interviews as primary data and analyzes the data qualitatively. The results of this study found that the problem of inheritance distribution for children born out of wedlock in Jombatan Village, Jombang Regency, is due to the reluctance of parents to perform marriage validation and the existence of negative perspectives towards children born out of wedlock. This study also provides solutions to the problems, such as conveying the points of the Constitutional Court's decision number 46/PUUVIII/2010 through the assistance of religious leaders because their role is very vital, encouraging a mass marriage validation program, and clarifying the meaning of children born out of wedlock according to the rules and according to the people of the Jombang region. Keywords: Issues, Constitutional Court Decision Number 46/PUU-VIII/2010, Jombang Region

Item Type:

Thesis (Undergraduate)

Contributors: