JUDICIAL REVIEW ATAS UU NO. 1/1974 DAN IMPLIKASI HUKUMNYA

Hj. Aisyah Mochtar a.k.a. Machica Mochtar suddenly becomes a superstar when the Constitutional Court in 17 February 2012 granted part of her appeal. Machica Mochtar and her lawyers appeal on judicial review of article 2 clause (2) and article 43 clause (1) related to marriage status and child’s status. In the decision, the Constitutional Court states that article 43 clause (1) of the Marriage Law contradicts to the 1945 Constitution concerning to legal relations of child with the man who is, by means of science and technology, proven to be the father. However, the judicial review of Article 43 clause (2) of the Marriage Law has left several problems. First, should the rights of children born out of wedlock be protected, what kind of extra marital relations are covered by the decision? Secondly, how is inheritance matter between the child and the father? Thirdly, among Muslim community, the Constitutional Court’s decision brings about the problem of adultery.