Legal Protection of the Position of Children Outside of Marriage from the Perspective of Indonesian Positive Law

Extra-marital children are those conceived from marriages considered null and void. Child discrimination, particularly regarding the civil rights of children born outside of marriage, was addressed in Constitutional Court Decision No. 46/PUU-VII/2010. This decision amended Article 43 Paragraph (1) of Law No.16 of 2019, related to Law No.1 of 1974 concerning Marriage. The amendment establishes that children born out of wedlock have legal ties to both their mother's and father's relatives, verifiable through scientific and technological means. This study aims to ascertain the legal status and protections afforded to illegitimate children under Indonesian law using a normative juridical approach, relying on library resources or secondary data. The Convention on the Rights of the Child mandates protection and assurance of children's rights, including their right to live, grow, develop, and receive a high-quality education. Institutions, rules, and regulations ensure the safeguarding and well-being of children. The Indonesian Civil Code, specifically Article 863, governs the inheritance rights of illegitimate children. Recognized illegitimate offspring have the right to inherit alongside all other heirs, though the specific amount they receive depends on their degree of kinship within the legal heirs' group.