Penerapan Putusan Mahkamah Konstitusi Nomor 46/puu-viii/2010 Atas Pelaksanaan Pembagian Harta Warisan Bagi Anak Luar Kawin (Studi Kasus di Kantor Notaris Surakarta dan Karanganyar)

Dikta Angga Bhijana • Diana Tantri Cahyaningsih • Pranoto
Journal article Privat Law • June 2016 Indonesia

Abstract

The Constitutional Court's decision would have brought a new paradigm in the system of civil law and family law in particular prevailing in Indonesia. Granting the judicial review set forth in Constitutional Court Decision No. 46 / PUU-VIII / 2010 with the pronunciation of the date February 17, 2012. However, the decision is a lot of controversy that raises the pros and cons. It became the subject of conversation after the Constitutional Court (MK) decided to children born outside marriage has a civil relationship with his father. Condition, the blood relationship can be proven based on science and technology or other evidence according to the law. Therefore in this paper on the implications of lifting the issue of Constitutional Court Decision No. 46 / PUU-VIII / 2010 against the division of inheritance for children outside of marriage. Results show that the discussion Kosntitusi Court Decision Number 46 / PUU-VIII / 2010 has the legal implications of the provisions of the division of inheritance for children outside of marriage. Furthermore, the Constitutional Court Decision No. 46 / PUU-VIII / 2010 also has implications for the division of the estate conducted by notaries. Many manyarakat and notary who still do not use this Constitutional Court decision on the division of inheritance.

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Privat Law

Privat Law is an annual law review published by Sebelas Maret University in Indonesia. It publish... see more