DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA

Journal Title: Mawaddah: Jurnal Hukum Keluarga Islam - Year 2023, Vol 1, Issue 1

Abstract

The Constitutional Court has handed down the decision No. 46/PUU-VIII/2010 which brings a new paradigm in the family law system in Indonesia. Acceptance of judicial review of Article 2 paragraph (2) and Article 43 of Law no. 1 of 1974 concerning Marriage resulted in a decision stating that a child out of wedlock not only has a civil relationship with the mother and her mother's family, but also with her biological father as long as it can be proven by science and technology. The decision amends Article 43 paragraph 1 of Law no. 1 of 1974 concerning Marriage and reaped a lot of controversy. Most of the community stated that the decision legalized adultery. Therefore, the author raises the issue of the implications of the decision of the Constitutional Court no. 46/PUU-VIII/2010 on marriage law in Indonesia. The results of the discussion show that the decision has no effect on the provisions for registration of marriages as regulated in Article 2 paragraph (2) of Law no. 1 of 1974 concerning Marriage. However, it has big implications for the position of children born out of wedlock. Children born out of wedlock have the same rights as legitimate children, namely having kinship relations with biological fathers, maintenance, marriage guardians, and inheritance. The type of research used is library research using normative-juridical and juridical-sociological approaches. Sources of data were extracted from written materials such as legal texts such as law books, statutory regulations, compilations of Islamic law and journals relevant to the problems the authors discussed.

Authors and Affiliations

Arfi Hilmiati, Kartika Yusrina

Keywords

Related Articles

ITSBAT NIKAH POLIGAMI PERSPEKTIF UNDANG-UNDANG PERKAWINAN DAN SEMA NO. 3 TAHUN 2018

Sirri marriage or marriage under the hand is something that has become very common in society. One of the factors influencing it is the principle that if the conditions and pillars of marriage have been fulfilled, then i...

Optimization Of The Performance Of The Marriage Advisory, Guidance, Preservation Agency (BP4) In Relation To The Divorce Rate In The Bandung High Religious Court (PTA) Area

This research starts from the fact that shows the high divorce rate in Indonesia, this is evidence of the absence of household harmony that is not sufficient before entering into marriage, so the State is responsible as...

The Role Of Parents In Educating Children According To Law Number 35 Of 2014 Concerning Child Protection And Islamic Law

Law no. 35 of 2014 focuses on children's rights and protection, including the right to receive good education and care. In this context, parents play an important role in educating and ensuring that children's rights are...

PERKEMBANGAN HUKUM ISLAM PASCA PERIODE TAQLID (KEMAPANAN MAZHAB)

Islamic law experienced dullness and decline after the period of taklid. However, that period disappeared after Muslims sought a solution so as not to be left behind from the West which was increasingly advanced while Is...

PENYELESAIAN SENGKETA KEWARISAN MELALUI MEDIASI: JALAN TERBAIK MENYELESAIKAN MASALAH

The division of inheritance does not always run smoothly. Many disputes occur between the heirs, both before and after the distribution of the inheritance. Disputes can be resolved by mediation, either out of court (non-...

Download PDF file
  • EP ID EP729924
  • DOI https://doi.org/10.52496/mjhki.v1i1.3
  • Views 33
  • Downloads 0

How To Cite

Arfi Hilmiati, Kartika Yusrina (2023). DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA. Mawaddah: Jurnal Hukum Keluarga Islam, 1(1), -. https://europub.co.uk/articles/-A-729924