Listyowati, Maria Yosepin Endah ORCID: https://orcid.org/0009-0003-2183-6894, Fauzi, Ferry and Rahayu, Teguh (2023) Kedudukan anak luar nikah terhadap hak waris tanah ditinjau dari hukum perdata. Jurnal Ilmiah Ilmu Pendidikan, 6 (2). ISSN 2614-8854

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Abstract

The position of children out of wedlock regarding land inheritance rights in terms of the Civil Code in this writing uses normative juridical research methods. So it can be concluded that a child born outside a legal marriage bond is a child out of wedlock and if there is no recognition from the father or mother, then a child born outside a legal marriage bond based on the provisions of the Civil Code does not have a legal relationship with his parents but if the child is out of wedlock If the recognition is followed by the ratification of the child from the parents, the child can inherit the inheritance of the parents who acknowledge it, provided that the distribution of inheritance is based on law. Based on Article 43 paragraph (1) of the Marriage Law Number 1 of 1974 it states that "Children out of wedlock only have civil relations with their mothers and their mothers' families". The position of children out of wedlock with respect to the inheritance rights of parents who legally recognize them is basically the same as that of legitimate children. As heirs, children out of wedlock have the same rights as children born in legal marriages. The Civil Code regulates the division of heir groups.

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