PERLINDUNGAN HUKUM TERHADAP ANAK LUAR KAWIN DALAM PEMBAGIAN HARTA WARIS DI TINJAU DARI HUKUM POSITIF DAN KOMPILASI HUKUM ISLAM

Abstract

This study examines the legal protection of illegitimate children in inheritance distribution under Indonesian positive law and the Compilation of Islamic Law (KHI). Illegitimate children often face legal uncertainty regarding inheritance rights due to the initial legal recognition of civil relations only with their mother. The Constitutional Court Decision No. 46/PUU-VIII/2010 brought significant change by allowing civil recognition with the biological father if scientifically proven, such as through DNA testing. This research employs a normative juridical method with a comparative approach to analyze the similarities and differences between positive law and KHI. Findings indicate that under the Civil Code, illegitimate children may inherit if acknowledged by their biological father. Meanwhile, under KHI, they have no paternal lineage rights but may receive inheritance through wasiat wajibah. The study highlights the need for legal harmonization to ensure adequate protection and legal certainty for illegitimate children.

Keywords: Legal Protection, Illegitimate Children, Inheritance Rights, Positive Law, Compilation of Islamic Law.