Discrimination against Children Born Outside of Marriage in Indonesia

Abstract

The protection of Indonesian children as the nation's next-generation that is free from discrimination has not been fully implemented, it is evident in our society that there are still many children who do not get enough attention in protecting and fulfilling their rights. Children born out of wedlock are sometimes not recognized and neglected by their biological father. Unlike legitimate children whose rights are guaranteed and there are sanctions if these rights are not fulfilled by the father, for children born outside of marriage there is no penalty if the biological father neglects them. The method used in this research is the normative legal research method. This paper discusses the conditions of children born outside of marriage in Indonesia, discrimination against children born outside of marriage in Indonesia, and expectations for children born outside of marriage in Indonesia. Currently, there are no laws and regulations that state sanctions if the biological father does not want to be responsible for the birth of this child. This is certainly not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph (1) which reads: “Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law.