The Constitutional Court Decision No. 46/PUU-VIII/2010 is a progressive step in upholding justice for out-of-wedlock children, especially in terms of the recognition of civil relations with biological fathers that were not previously legally recognized. The provisions in Article 43 paragraph (1) of Law No. 1 of 1974 limit the legal relationship of out-of-wedlock children only with their mother and family, thus causing injustice in access to inheritance rights. This article aims to juridically examine the changes in legal norms due to the decision and evaluate its implications for the inheritance system and legal protection of children. The method used is a normative juridical approach through the analysis of laws and regulations, legal doctrine, and jurisprudence of the Constitutional Court. The results of the study show that the Constitutional Court's decision has expanded the scope of civil relations between children out of wedlock and their biological fathers, opening up legitimate access to inheritance rights as long as it can be legally proven. This ruling removes previous normative discrimination and strengthens constitutional principles of equality before the law and the protection of children. Thus, this ruling is an important milestone in the reconstruction of the principle of justice in national family law
Sisilia et al. (Tue,) studied this question.