scholarly journals Civil Relationship of Children Born without Marriage with Biological Father based on Constitutional Court Decision Number 46/PUU-VIII/2010

2020 ◽  
Vol 5 (2) ◽  
pp. 58-64
Author(s):  
Cok Gede Mega Putra
Keyword(s):  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Conceptual Approach ◽  
Relationship Of

The purpose of this study is to analyze the civil relationship between the children born without marriage with his biological father and the arrangement about the civil relationship between the children whose mothers did not have marriage. This study is a normative juridical which is the approach used in this is is the statute approach, the case approach, and the conceptual approach. The legal material comes from document studies. This study is analyzed qualitatively. The results of this study showed that the children born outside marriage initially have only a civil relationship with their mother and mother's family according to Article 43 of Law Number 1 of 1974 concerning Marriage on what is meant by a child outside of marriage but with the Constitutional Court Decision Number 46/PUU-VIII/ 2010, then a child born outside marriage can have a civil relationship with father and his father's family. The father and mother have rights and obligations to the born, even if the child is born outside of marriage. In this study, it can be concluded that children born without marriage have civil relations with their biological father as stipulated in Decision of the Constitutional Court Number 46 / PUU-VIII / 2010. The arrangement of civic relationships between children whose mothers are not married as in Law Number 1 of 1974 on Marriage, but by Decision of the Constitutional Court Number 46/PUU-VIII/2010, the child has a civil relationship with his mother and father.

scholarly journals KONSEKUENSI YURIDIS PUTUSAN MAKAMAH KONSTITUSI NO. 46/PUU-VIII/2010 TERHADAP KEDUDUKAN ANAK ASTRA DALAM HUKUM ADAT BALI

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
I Gede Pasek Pramana
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Customary Law ◽  
Court Decision ◽  
Systematic Evaluation ◽  
Constitutional Court ◽  
Biological Father ◽  
Normative Study ◽  
Conceptual Approach ◽  
The Law

This research aims to analyze about the significance of the Constitutional Court Decision No.46/PUU-VIII/2010 the position of anak astra in Bali customary law. The research method used is a normative study by selecting the type of statue approach and the conceptual approach. Sources of legal materials that were examined in this study consisted of primary legal materials and secondary legal materials and techniques were analyzed with the description, systematic, evaluation and argumentation. Based on the perspective ( review ) Constitutional Court Decision No. 46/PUU-VIII/2010, anak astra have a civil relationship with her biological father and his family along can be proved by science and technology and / or other evidence according to the law. The juridical consequences of the Constitutional Court Decision No. 46/PUU-VIII/2010 to the norms of Bali customary law about anak astra Bali is must conform to the directions of law in the Decision of the Constitutional Court.

scholarly journals THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 71-77
Author(s):  
Arinie Sherlita Cholis
Keyword(s):  
Science And Technology ◽  
Civil Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Legal Standing ◽  
Biological Parents ◽  
The Relationship

The problems regarding the legal standing of an out-of-wedlock child that demands inheritance rights from both biological parents. The purpose of this thesis are to find out about the legal standing regarding the relationship between out-of-wedlock children and how the inheritance rights of an out-of-wedlock child in the distribution of inheritance by both biological parents are related to the Constitutional Court Decision Number 46/PUU-VIII/2010 in terms of civil inheritance law. The type of research used in this journal is Normative Juridical. The problem approaches used in writing this paper are the Statutory Approach and the Conceptual Approach. The legal material used is primary legal material and secondary legal material. This research of the problem after the Constitutional Court's Decision Number 46/PUU-VIII/2010 can be concluded that the out-of-wedlock child has not only a civil relationship with his mother but also with his biological father if he/she can prove it with science and technology and in inheritance issues, the child out of wedlock in terms of civil law must be recognized by his biological father so that he/she can become an heir, but with the Constitutional Court Decision Number 46/PUU-VIII/2010, the out-of-wedlock child can get not only a share of the inheritance from his mother who is without recognition but also inheritance from his/her biological father if it is proven to have a civil relationship as evidenced by science and technology

scholarly journals Fulfillment of the Principle of Justice in Making Birth Certificates for Children Born Outside of Legal Marriage Between Both Parents

2021 ◽  
Vol 8 (7) ◽  
pp. 259
Author(s):  
RR. Alysia Gita Purwasaputri ◽  
Sudarsono Sudarsono ◽  
Moh. Fadli
Keyword(s):  
Child Protection ◽  
Court Decision ◽  
Best Interests ◽  
Birth Certificates ◽  
Constitutional Court ◽  
Biological Father ◽  
Conceptual Approach ◽  
Principle Of Justice ◽  
The Status ◽  
Illegitimate Children

The problem in this study is related to the fulfillment of the principle of justice in making birth certificates intended for children born outside of marriage which is carried out legally between the two parents.  This article is normative juridical research with a statutory and conceptual approach.  The results of this legal research show that the principle of justice for illegitimate children can be fulfilled by adjusting the provisions regarding the making and issuance of birth certificates for illegitimate children based on the provisions on the status of illegitimate children in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010. Its cause in contrast to the provisions of the Indonesia Marriage Law regarding the distributive status of children outside of marriage, justice for children in the provisions of the status of children outside of marriage in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 is more commutative. Furthermore, the provisions regarding the status of children out of wedlock in the Constitutional Court Decision Number: 46/PUU-VIII/2010 are teleologically more able to provide benefits and fulfill the purpose of establishing the rule of law and in line with the principle of child protection, namely the best interests of the child. The decision of the Indonesia Constitutional Court Number: 46/PUU-VIII/2010 can be implemented by creating a civil relationship between the child out of wedlock and the biological father and the family of the father. In addition, the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 also has an impact on the administrative field, namely by being able to issue birth certificates for children out of wedlock by including the name of the biological father, so that it is not limited to only including the name of the biological mother.

scholarly journals Anak Luar Nikah Pasca Putusan Mahkamah Konstitusi Nomor: 46/PUU-VIII/2010 Berkaitan Dengan Perlindungan Hukum Terhadap Hak-Hak Keperdataan Anak Di Luar Perkawinan

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Farhan Asyhadi
Keyword(s):  
Civil Rights ◽  
Court Decision ◽  
Legal Norm ◽  
Constitutional Court ◽  
Biological Father

Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010, yang merubah/menambah norma hukum Pasal 43 Ayat (1) Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan adalah salah satu bukti nyata akan peran lembaga Pengadilan dalam memikirkan nasib dan masa depan anak yang lahir diluar perkawinan itu terhadap laki-laki sebagai ayah biologisnya, maka dengan norma hukum baru itu, Hakim-hakim pengadilan Agama sesuai dengan kewenangannya diharapkan mampu menjabarkan hak-hak keperdataan anak luar nikah dalam putusan-putusannya, agar kedepan hak-hak keperdataan anak seperti itu terhadap laki-laki sebagai ayah biologisnya terjamin sehingga dapat menjalani kehidupannya dengan wajar sebagaimana mestinya tanpa diskriminasi. Kata Kunci: Mahkamah Konstitusi, Perkawinan Children Married Outside After The Decision Of The Constitutional Court Number: 46 / PUU-VIII / 2010 Relating To Protection Against Civil Rights Child Outside Of Marriage Constitutional Court Decision No. 46 / PUU-VIII / 2010, which modified / legal norm of Article 43 Paragraph (1) of Law No. 1 of 1974 on Marriage is one of the first concrete evidence of the role of the Court in thinking about the fate and future of children born outside the marriage of a man as the biological father, then the norms of the new law, judges court religion in accordance with the authority is expected to describe the civil rights of children out of wedlock in its decisions, that future civil rights to children as against men as the biological father assured so as to live it to the fair as it should without discrimination. Keywords: The Constitutional Court, Marriage

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals The Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat

2021 ◽  
Vol 5 (1) ◽  
pp. 153
Author(s):  
Ali Abubakar ◽  
Juliana Juliana ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Biological Fathers ◽  
Legal Marriage ◽  
Protection Of Life

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.

scholarly journals Indonesia Regional Representative Council Authority After Constitutional Court Decision No. 92 / PUU-X / 2012

Rechtsidee ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Bukhori Bukhori ◽  
Nizla Rohaya
Keyword(s):  
State Institution ◽  
Court Decision ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Before And After ◽  
Strategic Role ◽  
Constitutional System ◽  
And Function ◽  
Role And Function

The purpose of this study was to determine the position, role and function of the DPD-RI in the Indonesian constitutional system before and after the Constitutional Court Decision No. 92 / PUU-X / 2012. The research method used is juridical normative and type of research is statutory approach, comparative approach, and conceptual approach. The results showed that a number of laws and regulations governing the DPD-RI were still less than the initial purpose of the formation of the DPD-RI. Certain articles relating to the position, function and role of the DPD-RI actually limit the authority of the DPD-RI so that it cannot function as a state institution that should have the same position as the DPR-RI. The decision of the Constitutional Court No. 92 / PUU-X / 2012 brings a new chapter in the implementation of democracy in Indonesia. The ruling of the Constitutional Court firmly provides a strategic role for the Regional Representative Council in Indonesian constitution.

scholarly journals An Analysis of The Offense of Unpleasant Action in Article 335 Paragraph (1) of The Indonesian Criminal Code

2021 ◽  
Vol 5 (2) ◽  
pp. 151-159
Author(s):  
Xavier Nugraha ◽  
Kusuma Wardani Raharjo ◽  
Ahmad Ardhiansyah ◽  
Alip Pamungkas Raharjo
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Core ◽  
Core Elements ◽  
The Law ◽  
The Guardian

The Constitutional Court as the guardian of the constitution and the guardian of human rights has the duty to ensure that the Law does not contradict the constitution and does not violate human rights. One of the manifestations of this can be seen in the Constitutional Court Decision Number 1 / PUU-X / 2013, where the Constitutional Court removed the element "Some other deeds or unpleasant treatment/act" in Article 335 paragraph (1) of the Criminal Code. With the removal of the core elements of Article 335 paragraph (1) of the Criminal Code, raises questions related to the existence of the offense whether it still exists or not. Based on this, this study will examine 1) Application of Article 335 of the Criminal Code Before the Decision of the Constitutional Court Number 1 / PUU-X / 2013 and 2.) Application of Article 335 of the Criminal Code After the Decision of the Constitutional Court Number 1 / PUU-X / 2013. This research is a normative legal research with a statute approach, conceptual approach, and case approach. Based on this research, it was found that after the Constitutional Court Decision Number 1 / PUU-X / 2013 that offenses of unpleasant acts had been reconstructed into forced offenses.

scholarly journals IMPLIKASI HUKUM TERHADAP AKAD YANG MEMUAT KLAUSUL PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN NEGERI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 286
Author(s):  
Rahman Hasima
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Descriptive Qualitative

This research aims to determine the legal implications of the agreement on which the sharia banking dispute resolution clause was submitted through the state court's post-decision of the Constitutional Court No. 93/PUU-X/2012. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results of the study show that the contract that contains the clause for the settlement of Islamic banking disputes through the District Court after the Constitutional Court decision has the implication of being null and void because it contradicts the contract or causa that is lawful, so that the parties make an addendum so that no future disputes occur.

scholarly journals RATIO LEGIS OF THE CONSTITUTIONAL COURT DECISION ABOUT IMPEACHMENT: IS IT FINAL AND BINDING?

2019 ◽  
Vol 27 (2) ◽  
pp. 177
Author(s):  
Khamim Muhammad Ma'rifatulloh
Keyword(s):  
Research Problem ◽  
Court Decision ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Material Content ◽  
Legal Problems ◽  
Legal Force

Arrangement of the final and binding legal force ‎the decisions of the Constitutional Court's impeachment not previously regulated in legislation. After PMK No 21 Year 21 Year 2009 paragraph (5) is issued, it also raises legal problems related to its material content. The formulation of the research problem is what ratio legislation Constitutional Court No. 21 of 2009 Article 19 Paragraph (5) About Impeachment. This research is a normative juridical approach with a statutory approach, a conceptual approach. The results of this study are to fill in the gaps or incomplete arrangements for the final nature and tie the decisions of the Constitutional Court's impeachment which were previously not in the legislation.

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