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DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA
ISSN: 3026 - 6076
Publisher: author
DAMPAK PUTUSAN MAHKAMAH KONSTITUSI NO. 46/PUUVIII/2010 TERHADAP HUKUM PERKAWINAN DI INDONESIA
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 3
Article Transparency Score: 3
Article Operation Score: 3
Article Articles Score: 2
Article Accessibility Score: 3
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: Program Studi Hukum Keluarga Islam, Universitas Muhammadiy..
International Journal Address (IAA):
IAA.ZONE/3026408516076
eISSN
:
3026 - 6076
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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...
