PENYELESAIAN SENGKETA TERHADAP KEDUDUKAN ANAK DILUAR NIKAH DALAM PEMBAGIAN WARISAN

Abstract

The child is the connector of offspring, as an investment in the future, but in reality problems arise if the child is present outside of marriage. This problem certainly brings difficulties for the child himself in the present and future. One of the problems that children outside of marriage have to face is legal problems, especially regarding inheritance from the father's side. Therefore, the researcher presents a brief overview of the rights of children out of wedlock which is the topic of this research. So that it can formulate the problem, namely: 1. How is the settlement of disputes over the position of children outside of marriage in the distribution of inheritance. 2. What are the rights for children out of wedlock in the perspective of Indonesian law?  This study aims to determine and explain the position of children outside of marriage in the distribution of inheritance and how to resolve disputes. The method used in this research is a qualitative method. This method makes the research process more focused and in accordance with the facts in the field. Extra-marital children can only inherit if they have a legal relationship with the heir. The legal relationship arises with recognition. Currently, he admits, there is still a misunderstanding of understanding, related to the decision, namely that children born out of wedlock do not have nasab, but have civil rights.