Aspects of Legal Certainty for Unmarried Children in Constitutional Court Decision No.46/PUU-VIII/2010

Based on Article 43 Section (1) of Law No.1 of 1974, children born out of wedlock are traditionally recognized to have a civil relationship only with their mother and her family. However, Constitutional Court Decision No. 46/PUU-VIII/2010 has transformed this legal landscape by allowing children born outside of marriage to establish a civil relationship with their father, provided it can be scientifically proven. This shift is significant as it integrates modern technology and evidence-based approaches into determining parental relationships. This study employs a normative legal research method with a conceptual approach, focusing on analyzing the implications of Constitutional Court Decision No. 46/PUU-VIII/2010. Research materials will be gathered through literature review, analyzed systematically, and interpreted using the justice theory of John Rawls. The findings underscore that the Constitutional Court's decision solidifies the legal status of children born out of wedlock, providing them with rights previously uncertain, such as maintenance, education, health, guardianship, and inheritance. This decision marks a pivotal step towards ensuring these children receive rightful recognition and protections under the law.