Affidav

Tag: Paternity Recognition in Jakarta

  • The Truth About Out of Wedlock Child Legalization in Indonesia

    Child born out of wedlock in Indonesia may include its biological father on its birth certificate. The only way to do this is by getting the father acknowledge the child. They must support the claim with a DNA test, and backed by at least two witnesses. Furthermore, the legalization of a child must be court-approved. Otherwise, the civil law relationship between the father and his child will not be established. It is very important because this is where it all begins. 

    The civil law relationship between the father and his child begins with a birth certificate. When you see his name on his child’s birth certificate, you will see they have something between them. This the truth lies in the amended Article 43 (1) of the Marriage Law. The legal protection given by the Constitutional Court with its breakthrough verdict. They are giving the child an identity printed on its birth certificate with full names of mom and dad. This is the real truth. You get the legal protection for the child in the form of a birth certificate. Nothing less, nothing more. Therefore, you need to do something about it for the sake of your child’s future. 

    Originally, the Article 43 (1) was not allow you to include the father’s name on the child’s birth certificate. It only recognize the relationship between the child and its biological mother. Some thinks that it’s not fair. Some thinks that it’s legally bastardizing the child. Other thinks we need to allow them to use both parents’ name on the child’s birth certificate, even though the marriage of the parents is still illegitimate. So, the amendment of this article is also about giving the child what they deserve and not to punish them for something what their parents did. The Civil Code furthermore imposed that as long as the child was acknowledged by the father and the mother, he/she may inherit from the parents. But the child may only have legal relationship with the person that acknowledge it. No further relationship with the rest of the family. In general, if a parent have legitimate children, a wife or a husband, the out of wedlock child entitles to only 1/3 of the legitimate child’s share. 

    As for Moslem couples, you need to dig this a little deeper as the amended Article 43 (1) will not create other consequences such as inheritance, and nasab relationship, as they thought they will have those two in the area of civil law. In Islamic Laws, if you’re conceiving a child outside of religious marriage, even though the father acknowledge it, the nasab relationship will not be established, even the father voluntarily acknowledge his child. Nasab relationship is parental relationship between the father and his child, created only through legitimate marriage betwen the father and the child’s mother. Without it, there won’t be a nasab even the father acknowledges his child. This one of the inconvenient truths retrieved from the child legalization proceeding under the amended Article 43 (1) of the Marriage Certificate. 

    If you’re a Moslem, and you have an out of wedlock child, you need to refer further to the Islamic Compilation Law. This special civil law for Moslem couples governing activities like marriages, divorces, inheritances, and other issues related to family law. As for Non-moslem couples, you need to refer further to the Civil Code. According to those laws, both the Islamic Compilation Law, and the Civil Code, they imposed that child born out of wedlock can’t inherit from the father, even though he acknowledges his child. This is a further legal consequences of child legalization as amended by the Article 43 (1). It seems to me, the amendment by the Constitutional Court was only to provide the child with a birth certificate with full parents’ name. The ruling stops there. It does not solve any further complication regarding the issues related to the status of being an out of wedlock child. As parents of child born out of wedlock, you must not allow this to happen to you child. You need to do something. I would suggest you draw-up a last will and testament. This is the only possible solution to protect your child from the legal limbo regarding this issue in Indonesia.

    Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us.

  • The Out of Wedlock Child Becomes The Legitimate Child: Thanks to Child Legalization in Indonesia

    You and I both know that family is the cornerstone of society. In Indonesia, the concept of family is deeply rooted in tradition and law. 

    However, what happens when a child is born out of wedlock? For a long time, these children faced legal challenges. But thanks to recent changes in Indonesian law, they now have a path to legitimacy.

    Understanding the Legal Landscape

    Let’s start with the basics. 

    First, let’s talk about the amended 1974 Marriage Law. Now, I know what you’re thinking: “Asep, laws are boring!” But trust me, this one’s important. 

    The 1974 Marriage Law was like that old pair of jeans you just couldn’t let go of, even though they were a bit outdated. It laid the groundwork for marriage and family life in Indonesia, but it didn’t quite cover all the bases when it came to children born out of wedlock.

    The 1974 Marriage Law in Indonesia was the foundation for family law. It defined marriage as a legal bond between a man and a woman. Children born within this bond were considered legitimate. But what about those born outside of it? Unfortunately, they were often left in a legal gray area.

    Enter the Constitutional Court, our legal superhero. In 2010, the court swooped in with a verdict that changed everything. They decided that children born out of wedlock have the right to be recognized by their biological fathers. The Constitutional Court of Indonesia made a landmark decision. It ruled that children born out of wedlock should have civil rights, including the right to know their biological parents. 

    This was a game-changer, like when you finally find the missing piece of a puzzle. The court’s decision was based on the principle that every child deserves to know their parents and have a legal relationship with them. This was a significant step forward, but it wasn’t the end of the journey.

    The Role of the Constitutional Court

    You might wonder why the Constitutional Court’s decision was so important. 

    Well, it challenged the traditional view that only children born within a legal marriage could be considered legitimate. The court recognized that every child has the right to protection and care, regardless of their parents’ marital status.

    This decision was a game-changer. It paved the way for further legal reforms, ensuring that all children could enjoy the same rights and protections.

    Child Protection Law: A Shield for Every Child

    In addition to the Constitutional Court’s ruling, the Child Protection Law plays a crucial role. This law emphasizes the importance of protecting children’s rights, including their right to a name, nationality, and family care. It reinforces the idea that every child deserves a safe and nurturing environment. 

    This law is like the cherry on top of our legal sundae. It ensures that all children, regardless of their birth circumstances, are protected and have their rights upheld. It’s like having a safety net that catches you when you stumble.

    The Child Protection Law also highlights the responsibility of parents and the state to ensure children’s welfare. It underscores the need for legal mechanisms that support children born out of wedlock, helping them gain access to the same rights as their peers.

    Legalization of Children: A Path to Legitimacy

    Now, you might be wondering, “How does this all work?” 

    Well, it’s a bit like baking a cake. You need the right ingredients, and in this case, those ingredients are the legal grounds provided by the court’s verdict. Once you’ve got those, you can start the process of child legalization. It’s not as simple as waving a magic wand, but with the right paperwork and a little patience, it can be done.

    The proceeding, it’s simpler than you might think. You and I can apply for child legalization through the court. Once approved, the child is granted the same legal status as those born within a marriage. This process is not just a legal formality. It’s a recognition of the child’s identity and rights. It ensures they have access to inheritance, education, and healthcare, just like any other child.

    The Impact on Society

    You and I can agree that these legal changes have a profound impact on society. By recognizing the rights of children born out of wedlock, Indonesia is taking a significant step towards equality and justice. It sends a powerful message that every child matters, regardless of their circumstances at birth.

    This shift in perspective also encourages parents to take responsibility for their children. It promotes a culture of acceptance and understanding, where all children are valued and protected.

    Closing Remarks

    So, what does all this mean for you and me? 

    Well, it means that children born out of wedlock in Indonesia now have the chance to be recognized as legitimate children. They can enjoy the same rights and privileges as any other child, including inheritance rights and the ability to carry their father’s name. It’s a win-win situation, like finding out your favorite ice cream is on sale.

    The legalization of children born out of wedlock in Indonesia is a testament to the country’s commitment to children’s rights. Thanks to the 1974 Marriage Law amendments, the Constitutional Court’s verdict, and the Child Protection Law, these children now have a path to legitimacy.

    You and I can celebrate this progress, knowing that it brings us closer to a society where every child is recognized and valued. As we move forward, let’s continue to advocate for the rights of all children, ensuring they have the opportunity to thrive and succeed.

    Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us.