New Rule on Child Outside the Marriage in Indonesia ~ Understand on Advocate Profession In Indonesia and Related Lawyer Issues
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Sunday, February 19, 2012

New Rule on Child Outside the Marriage in Indonesia

child protection law in indonesia
Indonesian Constitutional Court (MK) issued a decision that granting a civil relationship between the children, which is born of unregistered marriage, with the biological father. The MK ruled that children born outside of marriage maintains a civil relationship with her ​​biological father. The rights are acquired after obtaining evidence from witnesses or DNA tests. This decision was read on Friday, February 17, 2012.

This decision relates to the application for judicial review of the Law No. 1 of 1974 on Marriage. Judicial review was filed by Mochtar Machica fighting for the recognition of her son which was born of unregistered marriage with Moerdiono. Moerdiono is a former State Secretary Minister in President Soeharto era. Moerdiono had died in 2011.

Article 43 paragraph (1) of Law No. 1/1974 on Marriage, which reads'' Children who are born outside marriage has only a civil relationship with her ​​mother and her family". The Court's decision to change the article to be:'' Children are born outside marriage have a civil relationship with her ​​mother and her family as well as men as a father who can be proven by science and technology and / or other evidence under the law to have a blood relationship, including a civil relationship with his father's family.''

With this decision, new rule on child outside the marriage in Indonesia is issued. The child will get a civil rights with his father and his family. Children will be entitled to a birth certificate and use the name of his biological father, and also get a living and legacy.

Before the advent of this decision, the child outside of marriage has not clear legal status and rights. Now these children have got a clear protection that can not be denied, either in technology or law. Men who like to cheat will be considering this next course.

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