Abstract

http://ssrn.com/abstract=2142286
 


 



Asia-Pacific ‘Illegitimate’ Children and Inheritance in Indonesia


Simon Butt


University of Sydney - Faculty of Law

September 6, 2012

Alternative Law Journal, Vol. 37, No. 3, pp. 196-198, 2012
Sydney Law School Research Paper No. 12/63

Abstract:     
In February 2012 the Indonesian Constitutional Court invalidated Article 49(1) of Indonesia’s 1974 Marriage Law — an anachronistic provision under which countless women and children had suffered. The provision stipulated that a child born ’outside of a valid marriage’ had a civil legal relationship only with its mother and mother’s family. This meant that the child could only seek support and inheritance from its mother, and only its mother’s name would be listed on its birth certificate. It could not force its biological father to pay maintenance and was not entitled to inherit from him. If the father left or died, the mother and any children often faced significant social stigma and were left to fend for themselves. This was a significant problem in Indonesia, a developing country, where poverty or near-poverty affects many of its 240 million people. This article examines the Constitutional Court’s decision and considers its likely effect.

Number of Pages in PDF File: 4

Keywords: Indonesia, marriage law, law, inheritance, child maintenance

JEL Classification: K10, K30

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Date posted: September 7, 2012  

Suggested Citation

Butt, Simon, Asia-Pacific ‘Illegitimate’ Children and Inheritance in Indonesia (September 6, 2012). Alternative Law Journal, Vol. 37, No. 3, pp. 196-198, 2012; Sydney Law School Research Paper No. 12/63. Available at SSRN: http://ssrn.com/abstract=2142286

Contact Information

Simon Butt (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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