ANALISIS TERHADAP PUTUSAN MK TENTANG STATUS ANAK DI LUAR KAWIN

Abstract

In the formulation of article 2, paragraph (1) of Law No. 1 of 1974 on Marriage mentioned that the marriage is valid, if done according to the laws of each religion and belief it. However, when viewing the formulation of the next paragraph which states that every marriage is recorded in accordance with applicable laws and regulations, it will result in a different understanding is that the formulation of the article could lead to two understandings. Marriage in Indonesia, there are marriages recorded and unrecorded always been an interesting topic for a variety of opinions always appear among the community.

In February 2012, the Constitutional Court (MK) issued a decision No. 46 / PUU-VIII / 2010 in the case of Hj. Aisyah Mochtar alias Machica, on the one hand the verdict was a relief a number of parties, but there are new problems that arise from the decision. The issue of the status of children born outside marriage from Machica cases it boils down to the problem of unrecorded marriage as what was intended article 2, paragraph 2 of Law No. 1 of 1974 is. Then about a child born out of wedlock and legitimate children in a language perspective, this verdict and then invite the pros and cons of various parties, both from the legal practitioners, academics, NGOs, MUI, even society