Hi there! The name is Asep Wijaya.
If you’ve ever wondered about the legal status and parental responsibilities for children born out of wedlock in Indonesia, you’re not alone.
This is a topic that touches many lives, and it’s important to understand what the law actually says, especially since there have been some significant changes over the years.
Let’s walk through this together, so you and I can both be clear on who’s in charge when a child is born outside of marriage.
Understanding the Basics: What Does “Out of Wedlock” Mean?
First, let’s clarify what we mean by “child born out of wedlock.”
In legal terms, this refers to a child whose parents were not legally married to each other at the time of the child’s birth.
This situation can happen for many reasons, and it’s more common than you might think. But what does this mean for the child’s rights, and who is responsible for their care and upbringing?
The 1974 Marriage Law: The Original Rules
Let’s start with the foundation: Indonesia’s Marriage Law No. 1 of 1974. This law is the main reference for marriage and family matters in Indonesia. According to Article 43(1) of the 1974 Marriage Law, the legal relationship between a child born out of wedlock and their parents was originally quite limited. The law stated: “A child born out of wedlock only has a civil relationship with his or her mother and the mother’s family.”
In other words, under the original law, the biological father of a child born out of wedlock had no legal responsibility or rights regarding the child. The child was only legally connected to the mother and her family. This meant that the father was not obliged to provide for the child, and the child could not inherit from the father or use his family name.
The Impact on Children and Families
You and I can probably agree that this situation wasn’t ideal for the child. It left many children without legal recognition from their fathers, which could affect their sense of identity, emotional well-being, and even their financial security. It also placed a heavy burden on mothers, who had to raise their children without legal support from the fathers.
The Constitutional Court Steps In: A Landmark Change
But things changed in 2012, thanks to a landmark decision by the Constitutional Court of Indonesia. In Decision No. 46/PUU-VIII/2010, the Court reviewed Article 43(1) of the 1974 Marriage Law and found it to be unfair and inconsistent with the rights of the child.
The Court ruled that: “A child born out of wedlock has a civil relationship not only with the mother and her family, but also with the man who is proven, based on science and technology and/or other evidence according to the law, to be the child’s father.”
This means that if it can be proven, using DNA tests or other legal evidence, that a man is the biological father of a child born out of wedlock, then the child has a legal relationship with both parents. This is a huge step forward for the rights of children and for fairness in family law.
What Does This Mean for You and Me?
So, what does all this legal talk mean in practice? Let’s break it down:
1. Parental Responsibility
If you are the mother of a child born out of wedlock, you are automatically recognized as the child’s legal parent. But now, thanks to the Constitutional Court’s decision, if you can prove who the father is, he also has legal responsibilities. This includes providing for the child’s needs such as financially, emotionally, and physically.
If you are the father, and it’s proven that you are the biological parent, you can’t just walk away from your responsibilities. The law now recognizes your role, and you are expected to contribute to your child’s upbringing.
2. Child’s Rights
For the child, this means they have the right to know and be cared for by both parents. They also have the right to inherit from both sides of the family, and to receive support from both parents. This is a big improvement from the old law, which only recognized the mother’s side.
3. Proof of Paternity
How do you prove who the father is? The law allows for scientific evidence, such as DNA testing, as well as other legal evidence. If there’s a dispute, the matter can be taken to court, and the judge will consider all the evidence before making a decision.
4. Legal Process
If you find yourself in this situation, contact a legal expert like Wijaya & Co to assist you in navigating Indonesia’s legal system. Your lawyer will file a case in the local court to establish paternity. The court will review the evidence and, if paternity is proven, will issue a ruling that recognizes the father’s legal relationship with the child. This ruling can then be used to update the child’s birth certificate and secure their rights.
Why This Matters
You and I both know that every child deserves love, care, and legal protection, no matter the circumstances of their birth. The changes in the law reflect a growing understanding that children should not be punished or disadvantaged because of their parents’ choices. By recognizing the rights and responsibilities of both parents, the law now puts the best interests of the child first.
Final Thoughts: Moving Forward Together
So, who’s in charge of a child born out of wedlock? The answer is: both parents, as long as paternity can be proven. The law has evolved to ensure that children are protected and supported by both their mother and father. If you or someone you know is facing this situation, remember that the legal system is there to help, and there are clear steps you can take to secure your child’s rights.
If you have more questions or need legal advice, don’t hesitate to reach out to a family law expert like Wijaya & Co. You and I both want what’s best for our children, and understanding the law is the first step toward making sure they get the support and recognition they deserve.
My name is Asep Wijaya. Thank you for reading my posts!