ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NO 46/PUU-VIII/2010 BERKAITAN DENGAN HUBUNGAN HUKUM ANAK DI LUAR PERKAWINAN DENGAN BAPAK BIOLOGISNYA

Abstract

The ruling of the Constitutional Court about the legal status of a child outside of marriage that cancel the conditional section 43 subsection (1) of the Act of marriage, reaping the pros and cons, because it judged contrary to the religion of Islam and norms that exist in the community. This research aims to explain; ( i ) consideration law judge on the tribunal verdict number; 46 / / puu viii / 2010 (ii) the legal relationship of children born outside of marriage with her biological father and iii ) implications against the registration of marriage. Researchers used the theory marriage, as well as the son of legitimate legal relations. The kind of research is research normative law, using data engineering documentation and analysis of data inductive. The results of the study explained: consideration of the legal Verdict number: 46/PUU/VIII/2010, birth preceded the pregnancy is a result of the law, legal events of the birth event gives rise to rights and obligations for the subjects of law, namely the father, mother and children Children born outside of marriage not only have civil relationships with her mother and her mother's family, but also have a civil relationship with the father and his family, all can be proven based on Science and technology and/or other evidence under the law turns out to have blood relations with men as his father. iii ) the implications of the award mk number 46 / puu-viii / 2010 against the listing of marriage, that marriage is an obligation administration listing not affect the validity of the marriage and the legal status of a child.

Keywords: Child, outside of marriage, the legal relationship, biological father