Agung Dwi Prayogo
Universitas Muhammadiyah Surakarta

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Juridical Analysis of Legal Considerations of Constitutional Court Judges Number: 46/PUU-VIII/2010 Review of Article 43 (1) of Law Number 1 of 1974 concerning Marriage Regarding the Status of Children Out of Wedlock Agung Dwi Prayogo; Nuria Siswi Enggarani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This investigation was carried out with the aim of proving the decision of the Constitutional Court regarding illegitimate children, in accordance with Law no. 46/PUU-VIII/2010, consideration of the Constitutional Court: Regarding the status of illegitimate children, see Law no. 46/PUU-VIII/2010 and its legal impact on the occurrence of the Constitutional Court Order regarding Article 43 paragraph 1 of the Marriage Law which regulates invalid marriages that produce children. The method used is normative legal research, namely an in-depth study of literacy related to the status of illegitimate children. The Constitutional Court's decision regarding the civil rights of children born out of wedlock is a decision that emerged from monitoring the rights of illegitimate children as a form of judicial review of marriage law. Children born from illegitimate marriages are not a matter of Constitutional Court decision no. 46/PUU-VIII/2010. This decision is an option that significantly affects the social freedom of illegitimate children. The novelty of this research lies in the research based on a phenomenon that often occurs today, namely the problem of pregnancy outside of marriage.