Children born out of wedlock from polygamy marriage without the court's permission have a different legal position from legitimate children. Often the rights of children who born out of wedlock are ignored by the law, causing them unfairness. Judges as law enforcers have a role in protecting the rights of children who born out of wedlock that could not be ignored, even though the law makes a huge difference from legitimate children. This study uses normative legal research methods (doctrinal). Based on this research, it was found that the application of progressive legal thinking is very necessary to be applied by the Judges in Indonesia to protect the rights of children who born out of wedlock. Therefore, the Judge should be able to make a breakthrough in the law (rule-breaking) in the corridor of this progressive law. The Judge places themselves as a force of 'liberation' that is freeing themselves from legalistic-positivistic types, ways of thinking, principles, and legal theories. The Progressive law prioritizes 'goals' rather than procedures, so this rulebreaking requires the judge to be able to actualize the laws in the right time and space by taking steps in the creative interpretation of existing regulations. This is so that the law also regulates and guarantees the civil rights of children outside of marriage, which so far have not received legal protection.