The Legal Status Of Children Born From Interfaith Marriages In Indonesian Civil Law

Abstract

Legal uncertainty concerning children born from interfaith marriages arises from the interaction of legal norms that do not always produce uniform consequences. Article 2(1) of Law Number 1 of 1974 on Marriage links the validity of marriage to the parties' respective religious laws and beliefs, while Article 42 associates legitimate-child status with a valid marriage. When the validity of the parents' marriage is disputed, questions arise concerning the child's civil status, legal relationship with the biological father, civil registration, and protection of inheritance interests. This normative legal study applies statutory and conceptual approaches by examining the Marriage Law, the Indonesian Civil Code, civilregistration rules, and Constitutional Court Decision Number 46/PUU-VIII/2010. The study finds that uncertainty regarding the parents' marital status does not automatically eliminate the child's position as a legal subject. A proven biological relationship may establish civil relations with the father and his family, while identity, maintenance, and economic protection must remain secured under the applicable legal regime. This study contributes an interpretive framework that distinguishes marital validity, registration, and biological parentage, and provides a basis for harmonization among courts, civil-registration authorities, and policymakers by placing the best interests of the child as the primary consideration.