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Research Paper | Anthropology Science | Indonesia | Volume 5 Issue 5, May 2016 | Popularity: 6.3 / 10

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Legal Status of Children Born Outside Marriage in Hindu Community of Bali (Human Rights Perspective)

Dr Ida Ayu Sadnyini SH., MH.

Abstract: LEGAL STATUS OF CHILDREN BORN OUTSIDE MARRIAGE IN HINDU COMMUNITY OF BALI (HUMAN RIGHTS PERSPECTIVE) BY DR IDA AYU SADNYINI, SH. , MH. LECTURER OF LAW FACULTY UNDIKNAS DENPASAR Promiscuity will bring legal consequences for women and children to be born, if it does not accompanied by a legitimate marriage ceremony. The legal conscequences is about legal position or legal status of the child to be born. In general, under the prevailing legislation and awig awig of Pakraman Vilage, a child has only legal status and right of inheritance from his mother or his grandfather from the line of his mother. The problem that arises is, how was legal status of children born outside marriage under Balinese customary law How was family responsibility towards the children born outside marriage in human right perspective This legal research is included in empirical legal research, using primary and secondary data, with qualitative and argumentative descriptive analysis. Legal position of children born outside marriage is limited to inherit only from their mother. It is different from legitimate children whose full right of inheritance from their parent. Responsibility of the mothers familiy toward the child is until his/her death and obliged to perform pengabenan ceremony. The difference on inheritance right and social status of children born outside marriage is contratry to the Human Rights regulated in Article 28 B (2) UUD 1945 stating that every child has protection right over any kind of discrimination.

Keywords: legal status, children born outside marriage, Human Rights

Edition: Volume 5 Issue 5, May 2016

Pages: 668 - 673

DOI: https://www.doi.org/10.21275/6051608

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