A Juridical Analysis Of The Inheritance Rights Of Children Born Out Of Wedlock Based On The Decision Of The Medan High Court Number 344/Pdt/2020/Pt Mdn And Its Relevance To The Constitutional Court Decision Number 46/Puu-Viii/2010

Abstract

The legal status and inheritance rights of children born out of wedlock, as well as their civil-law relationship with their biological parents, based on Medan High Court Decision Number 344/Pdt/2020/PT MDN and Constitutional Court Decision Number 46/PUU-VIII/2010. This research employs a normative juridical method using statutory, conceptual and case approaches, supported by a literature review of primary, secondary and tertiary legal materials. The findings demonstrate that the Constitutional Court's Decision has expanded the civil-law relationship between children born out of wedlock and their biological fathers, provided that the biological relationship can be established through scientific evidence and other legally admissible means of proof. The Medan High Court Decision is examined to assess its consistency with this legal development and to analyze its implications for legal certainty, justice and the protection of inheritance rights of children born out of wedlock. The study concludes that the recognition of a civil-law relationship with a biological father constitutes an important development in safeguarding the legal rights of children born out of wedlock, particularly in relation to inheritance, while also raising challenges concerning the implementation of evidentiary standards and the harmonization of judicial practice.