Analisis Putusan Mahkamah Konstitusi Nomor.46/PUU-VIII/2010 Terhadap Pengujian Undang-undang No.1 Tahun 1974 Tentang Perkawinan

Anugrah, Dinda Dwi Lestari (2021) Analisis Putusan Mahkamah Konstitusi Nomor.46/PUU-VIII/2010 Terhadap Pengujian Undang-undang No.1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT One of the decisions of the Constitutional Court that has received much public attention is the Decision of the Constitutional Court No. 46/PUU-VIII/2010 concerning the Review of Law Number 1 of 1974 concerning Marriage. Where the Constitutional Court interprets the provisions of Article 43 Paragraph 1 that children out of wedlock not only have a civil relationship with the mother and her mother's family but also with a man as the father which can be proven based on science and technology and/or other evidence according to the law to have a relationship. blood, including civil relations with his father's family. The main problem in this research is how the consideration of the judges of the Constitutional Court in the Decision Number 46/PUU-VIII/2010 and how the legal implications if the implementation is different from the interpretation of the Constitutional Court. This research is a normative legal research (legal research), which examines or examines books or literature and writings related to the subject matter being studied. The process of data analysis in this study the author uses descriptive analytical method that is to describe the problems found from data related to research materials which will then be analyzed. The conclusion in this study is that the Constitutional Court is of the view that the constitutional rights of children must be protected and the law must provide protection and fair legal certainty to the status of a child who is born and the rights that exist in him. If the interpretation determined by the Constitutional Court is fulfilled, then a norm or law remains constitutional, but if the interpretation determined by the Constitutional Court in its decision is not fulfilled then a legal norm or law becomes unconstitutional and must be declared contrary to the Constitution. and has no binding legal force. If the Law in its implementation is interpreted differently from the intent as contained in the considerations of the Constitutional Court, then the Law is not ruled out for reexamination, the type of conditional unconstitutional decision does open the possibility of being re-examined.

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