Children's Rights To Marital Property Of Parents Following Divorce Based On Settlement Decree

As a nation governed by law and upholding human rights, Indonesia recognizes and protects the basic rights of every citizen, including the right to form a family. In this context, the Indonesian constitution expressly guarantees this right, as outlined in the following provisions: Article 28B paragraph (1) of the 1945 Constitution, hereinafter referred to as the 1945 Constitution, "Everyone has the right to form a family and continue the lineage through a legal marriage." This article recognizes the right of every person to form a family through a legal marriage. This is a basic constitutional right that is the foundation of marriage law in Indonesia. The phrase "legal marriage" implies that the state has the right to regulate the validity of marriage through law. Divorce is the termination of a marriage between a husband and wife based on a legally binding court decision. In the context of Indonesian law, divorce cannot be done simply, but must go through a court process to ensure the validity and legal protection for both parties, including children born in the marriage. This is regulated in Law Number 1 of 1974 concerning Marriage, specifically in Article 38, which states that a marriage can be terminated due to: death, divorce, or a court decision (in certain circumstances, such as annulment of marriage). This peace decision has the same legal force as a court decision that has permanent legal force (inkracht), so it is binding on the parties and must be implemented. The presence of this peace decision is expected to provide legal certainty and end the dispute completely. The rights of children to parental property after the division of marital property according to the Marriage Law are entitled to receive living expenses and welfare until the child reaches adulthood. The peace decision between divorcing parents regarding the division of marital property agrees to give their assets to the child, which includes education costs and the child's welfare.