Hak Mewaris Anak Luar Kawin Warga Negara Indonesia Keturunan Tionghoa Dalam Perspektif Waris Burgerlijk Wetboek

Tonic Tangkau, S.H., M.H. (2021) Hak Mewaris Anak Luar Kawin Warga Negara Indonesia Keturunan Tionghoa Dalam Perspektif Waris Burgerlijk Wetboek. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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4. BAB I PENDAHULUAN.pdf

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5. BAB II RATIO LEGIS PENGATURAN HUKUM WARIS BURGERLIJK WETBOEK BAGI ANAK LUAR KAWIN KETURUNAN TIONGHOA.pdf
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6. BAB III PERLINDUNGAN HUKUM ANAK LUAR KAWIN KETURUNAN TIONGHOA DALAM PERSPEKTIF HUKUM WARIS BURGERLIJK WETBOEK.pdf
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7. BAB IV PENUTUP.pdf
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8. DAFTAR BACAAN.pdf

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KKB KK-2 DIS.H.17-21-Surat Pernyataan Kesediaan Publikasi Ilmiah - Tonic Tangkau.pdf
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Abstract

Legal pluralism in Indonesia begins with the enactment of Article 163 I.S. jo. 131 I.S. Where t he provisions govern the classification of the population and the laws that apply to each of the population in Indonesia, including the Chinese - Indonesia. The law applies to the Chinese - Indonesia group based on the provisions on BW. This thing affects various aspects of civil law that apply to the Chinese-Indonesia group, particularly regarding the legal arrangements for inheritance and out of wedlock children. It becomes a problem, when a Chinese- Indonesia out – of -wedlock child, based on BW regulations, only has a civil relationship with his biological mother or can have inherita nce rights with his father if the children are recognized, while there are conditions that limit the subject of an out –of -wedlock child that can be recognized and closed to get recognition. This thing certainly does not provide justice for out-of-wedlock children which cannot be recognized according to BW, especially from the Chinese-Indonesian people . However, after the Constitutional Court Decision No.46 / PUU-VIII / 2010, there was a change in regulations that had implications for the status of out-of-wedlock children in Indonesia. The ruling stated the existence of civil relations between children outside marriage with his father as long as it can be proven by science and technology. The legal issues in this study are regarding the ratio legis of arrangement regarding out -of-wedlock children in BW and its legal protection to protect the inheritance rights for Chinese - Indonesia born out-of-marriage children, especially related to the right of alimony. This research will use a normative method using the statutory approach, conceptual approach, case approach, and comparison approach. From this research, it was found that the application of the Constitutional Court Decision No.46 / PUU -VII / 2010 for out-of-wedlock children to have a civil relationship with their father was still hampered by BW provisions which limited the recognition of out -wedlock children under certain conditions, as heirs. One of the limitation in BW is article 283, where a child born of adultery cannot be recognized by his biological father, so even though there is Constitutional Court Decision No.46 / PUU-VII / 2010, but a child born of adultery cannot be recognized. This makes, even though the Constitutional Court Decision No. 46 / PUU-VII / 2010, provides an inheritance space for children outside marriage who can prove based on science and technology and/or other evidence according to the law to have blood relations with the father, but because of the decision does not change the provisions in Article 283 BW, the recognition cannot be implemented. Meanwhile, in several countries, such as England, America, Netherlands, and China have regulated the legal protection to all of the children, either child in marriage, and children outside marriage, where this is based on the principle the best interest for the child as a whole which refers to the principle of the Best Interest of the Child

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 DIS.H.17-21 Tan h
Uncontrolled Keywords: Out of Wedl ock Children of Chinese-Indonesian, Division of Inheritance, Civil Relationship
Subjects: K Law > K Law (General)
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K623-968 Civil law > K625-709 Persons > K670-709 Domestic relations. Family law
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsNIM
Tonic Tangkau, S.H., M.H.NIM031227017342
Contributors:
ContributionNameNIDN / NIDK
Thesis advisorTrisadini Prasastinah Usanti, -NIDN0026026701
Depositing User: Dwi Prihastuti
Date Deposited: 02 Sep 2021 15:46
Last Modified: 02 Sep 2021 15:46
URI: http://repository.unair.ac.id/id/eprint/110002
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