Constitutional Court of Justice Number 46/PUU-VIII/2010 is a final judicial review from
Law Act No 1/1974 Marriage article 43 (1), and Machica Mochtar as Applicant. By the ruling
from the court which declare that children have been born outside of official marriage shall
have private right with his or her father and/or his or her father’s family as long as the science
or technology can prove it biologically. This judge ruling has made the writer’s interest more
in what consequences shall be effected to inheritance of unregistered marriage. Therefore this
thesis would discuss about the implication after the Constitutional Court of Justice Number
46/PUU-VIII/2010. This thesis would be written in normative method of law science, a process
to find new rule of law, principles of law, even doctrines to answer the newest law issue. The
writer would discuss and search mainly on natural born children outside of official marriage,
instead of sirri children or sumbang children. This judge ruling has made newest breakthrough
in family law, which state that unofficial marriage children shall have natural relationship with
his or her biological father. As long as the children he or she can prove the relationship thru
science and technology. He or she which can prove the biological relationship with the father
shall have inheritance right. To which part of inheritance itself is unequally with any rightfully
children, as it is ruled in article 863 of Civil Law Book