KEDUDUKAN ANAK LUAR KAWIN (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 46/PUU-VII/2010)

Edytiawarman, Edytiawarman and Betty , Anggraini (2015) KEDUDUKAN ANAK LUAR KAWIN (ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 46/PUU-VII/2010). Bengkoelen Justice, 2 (2). pp. 520-539. ISSN 2088-3412

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Abstract

This research aims to study and explain the legal basis, the Constitutional Court partially granted the claim Hj. Aisha Mochtar in judicial Act No. 1 of 1974 on Marriage and to study and explain the rights of illegitimate children after the release of the Constitutional Court Decision No. 46/PUU-VII/2010. The method used in this research is a normative legal research methods. The data obtained from the literature material, regulations, opinions of experts and Internet media. The results of this study are: (1) The legal basis of the Constitutional Court partially granted the claim Hj. Aisha Mochtar, which is an improper and unfair when the law stipulates that children born of pregnancies because of sexual relations outside of marriage only had relationships with women as mothers and men who have sex free pregnancy and childbirth because of his responsibilities as a father and the law that negates the rights of the child to the man as his father. Regardless of the procedure or the administration of married mothers and men who impregnate his mother, a child born should be protected by law; (2) Since the enactment of the Constitutional Court Decision No. 46/PUU-VII/2010, the basic rights of children as contained in Article 4 to Article 18 of Law Number 23 Year 2002 on Child Protection can be provided in full. In addition, children out of wedlock have the right to earn a living and family legacy of his father and his biological father.

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