Legal Consequences on Children of Unrecorded Marriage Results: A Study on Kota Pari Village, Serdang Bedagai, North Sumatera, Indonesia

Law Sciences

The Constitutional Court declared that children born out of unregistered marriages would still have a civil tie with their biological father "as long as science, technology, or other legal proof can show a blood relationship as the father." In the case of Aisyah Mochtar, aka Machica Mochtar, and Muhammad Iqbal Ramadhan, this petition for judicial review was filed. Muhammad Iqbal Ramadhan is the son of Machica and Moerdiono, the former Minister of State Secretary and State Secretary, respectively. The Decision of the Constitutional Court Number 46/PUU-VIII/2010 states: "Children born of unrecorded marriages will continue to have civil relations with their mothers and their mothers' families, as well as with men as their fathers, whose paternity can be proven through the use of science, technology, and/or tools." According to the law, other evidence, such as his civil contacts with his father, demonstrates that he has blood ties. Essentially, this ruling of the Constitutional Court seeks to establish that children have the right to locate a father who will become their biological father and protect their constitutional rights, since it is well recognized that when a child is born, he already has these rights under the law. In the meantime, the state is responsible for determining the paternity of the child. It is the responsibility of the state to choose which party will fulfill the child's rights. Children have the right to have rights and obligations toward their father, such as DNA results and witnesses who have married, as well as photos of the results of the marriage, but they cannot acquire rights, especially as heirs.

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