CD Skripsi
Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 46/Puu-Viii/2010 Tentang Pengujian Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan Terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945
Constitutional Court as may be authorized by the Constitution of the Republic of Indonesia Year 1945 to conduct a judicial review of a decision issued quite phenomenal and raises the pros and cons in the community. Any phrase that raises multiple interpretations of decision making in this case the government has not issued a religious ministry as a government regulation to reinforce the regulations implementing the decision issued by the Constitutional Court. The purpose of this thesis, namely: First, the legal considerations in the decision of the Constitutional Court No. 46/PUU-VIII/2010, Second, the legal consequences arising 46/PUU-VIII/2012 Constitutional Court ruling against children born outside of legal marriage the state, the Third, the positive and negative impact on the setting of children born in the country legally under Law No. 1 of 1974 on Marriage. This type of research can be classified in this type of normative research, because making the literature as the main pedestal. Source of data used, the primary legal materials, legal materials and secondary and tertiary legal materials. Pemgumpulan engineering data in this study by using the method of literature study.
From the research, there are three main problems that can be inferred. First, against the decision of the Constitutional Court No. 46/PUU-VIII/2010 there are two considerations, namely, that the subject matter according to the law regarding registration of marriage laws is the legal meaning (meaning legal) marriage documentation and legal issues concerning children born outside marriage is the legal meaning (the legal meaning) the phrase "born out of wedlock". Secondly, a result of the decision of the Constitutional Court No. laws. 46/PUU-VIII/2010 binding since completed pronounced in plenary session open to the public. Third, the positive impacts that arise include: the guarantee and protection of children's rights while the negative impacts are: the existence of multiple interpretations of the decision of the Constitutional Court. Advice authors, First, should the Constitutional Court in addition to legal considerations also consideration of the social, cultural aspects and customs that grow and thrive in the community, who embraced the faith and other things. Second, the Enforcement of Article 43 paragraph (1) Post Marriage Act Constitutional Court decisions should still have to pay attention to other relevant regulations Thirdly, the author argues the law should be changed and adapt with the times and social conditions of today's society that is not cause problems in the future.
Keywords: Review - Judicial - Decision - Constitutional Court
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