PERTIMBANGAN HAKIM TERHADAP HAK WARIS ANAK LUAR KAWIN ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 784 K/PDT/2014

Abstract

Children born out of wedlock often face discrimination regarding their civil rights, particularly concerning inheritance rights. This study aims to analyze the judges' legal reasoning and the legal standing of a child born out of wedlock as a substitute heir (plaatsvervulling) under Indonesian written civil law, focusing on Supreme Court Decision Number 784 K/Pdt/2014. The research employs a normative juridical method utilizing both case and statutory approaches. Secondary data derived from primary, secondary, and tertiary legal sources were used and analyzed qualitatively. The findings indicate that Supreme Court Decision No. 784K/Pdt/2014 was correct and properly applied the law by providing legal protection for the inheritance share of a child born out of wedlock. The Supreme Court expanded the interpretation of civil relationships under Article 43 paragraph (1) of Law No. 1 of 1974 concerning Marriage, following Constitutional Court Decision No. 46/PUU- VIII/2010. Through this ruling, a legally acknowledged child born out of wedlock is recognized as having a strong civil relationship not only with their mother but also as possessing the right to claim an inheritance—via the substitute heir (plaatsvervulling) mechanism—from their mother's family estate, in accordance with the provisions of the Indonesian Civil Code (KUHPerdata). This decision successfully provides legal certainty and minimizes the infringement of the inheritance rights of children born out of wedlock by other heirs.