HAK KEPERDATAAN ANAK LUAR NIKAH PASKA PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUU-VIII/2010 (Kajian Hak Atas Pencatatan Kelahiran Di Kabupaten Batang)

KHANSA’ HANNA ISLAMICA, NIM. 17103040099 (2022) HAK KEPERDATAAN ANAK LUAR NIKAH PASKA PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUU-VIII/2010 (Kajian Hak Atas Pencatatan Kelahiran Di Kabupaten Batang). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The civil rights of children out of wedlock after the decision of the constitutional court number 46 of 2010 had a positive impact because the decision guaranteed and protected the rights of children born from these pregnancies. The focus of this research is on the implementation of the decision of the Constitutional Court Number 46/PUU-VIII/2010 related to the legal position of children out of wedlock to the registration of birth certificates in Batang Regency. Children born out of wedlock can only have a mother's certificate listed only in the mother's name on the birth certificate. Since this decision existed until now, in Batang Regency there has been no practice of proof using a DNA test, then the procedure for registering an ordinary child's certificate is followed by another procedure to maintain the right to birth registration, which in the certificate states that the child is legitimate from both parents which results in the right to birth rights. Civil rights and inheritance rights are also obtained from the biological father. This type of research is empirical research with a sociological juridical approach and a statutory approach. The location of the research was carried out at the Department of Population and Civil Registration, the Religious Courts and the State Courts of Batang Regency. Types and sources of data, consisting of primary data and secondary data. The primary data collection technique was by interview and direct observation at the research location, while secondary data was obtained by literature study. The data analysis technique used descriptive analysis. The results of this study indicate that the implementation of the decision of the Constitutional Court Number 46/PUU-VIII/2010 concerning the Position of Out-ofMarriage Children Against Birth Certificate Registration in Batang Regency has been implemented even though it has not been maximized and is still on a limited scale. Regarding the implementation and implications of the constitutional court's decision on the right to register a child's illegitimate child certificate, which can be attempted to obtain a child ratification certificate, it can actually be taken by several steps such as submitting a marriage certificate, submitting an application for origin, child and child validation, after all procedures are carried out and get the arrangement. from the court, the Disdukcapil will register the child as a legal child. So that the rights of the child will be obtained in full as a child born from a legal marriage. These alternative steps have been implemented in Batang Regency, although they are still in limited numbers, not comparable to the number of children out of wedlock who only have a certificate of the mother's child

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