Akibat Hukum Putusan MK RI NO. 46/2010 Terhadap Hubungan Antara Anak Dengan Ayah Biologisnya

Abstract

Several new rules could make some people feel relieved due to the unsolved problem, but some people who also feel that the decision has inflicted loss to them. It can be seen from the decision about the relationship between a biological father with a child born from an illegal marriage who initially only under the responsibility of the mother and her own family. In this case the normative juridical approach was used, referring to the legislation, Compilation of Islamic Law and the Marriage Act. In a marriage, loyalty between the husband and the wife is needed, but this is not always so in reality, due to occurrence of love affairs and cheatings in many legitimate marriages, not only the husband with another women but the wife with another man as well that in a legal marriage there is a child born from adultery. If this is the case, then the father could deny that the child is his if he can prove it in the court, and after being proven the responsibility of legal father for the child will be released by a court decision. Thus based on the court verdict, there is no more legal relationship or legal obligation of the juridical father for the child. The emergence of the biological father will change the lives of children born from illegal marriage, because of the legal relationship between the children born from illegal marriage with her biological father. The approval and the proof can be done through a DNA test or other, such as videos, photos or voice recordings that can prove the child' biological father or his/her mother and biological father perform an illegal marriage that is not registered in the office of civil registration such as underhanded or Sirri marriage. After the approval and proof hove been legalized in court, then comes the alimony obligations between the child and the biological father, including the heir inheritance between the child and the biological father. In terms of alimony obligation, the child's biological father is not required to give a certain sum of money only according to his ability. A Sirri marriage is legal but less perfect. A husband or a father can perform a denial of the child if it can be proved. Legal relationship between parent and child is legitimate based on blood relationship between the two. If it is valid or not connected with the relationship between the mother and the biological father in the recording state, for now this following a Constitutional Court Decision No. 46/201A, their rights can be equal to a legitimate child if status of legitimate biological father can be proven.

107011079