Investigating Ratio Legis Putusan Mahkamah Konstitusi tentang Hak Perdata Anak Luar Nikah

Abstrak

The purpose of this study is to analyze the ratio legis or the reasons for the issuance of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the civil rights of illegitimate children. This review is important to do with the aim of analyzing the ratio legis or reasons in the Constitutional Court decision that are not clearly stated and seeking the limits of the civil rights of illegitimate children and reviewing the decision in Islamic law. This study uses a normative legal research method because it analyzes the legal reasons (ratio legis) behind the Constitutional Court's decision. Understanding the legal construction used by the Constitutional Court in deciding civil rights outside of marriage, investigating the philosophical and juridical basis of the decision, examining the normative implications of the decision on the legal system in Indonesia. which relies on data from documentation obtained from scientific publications. The results of the study indicate that the ratio legis or reasons contained in the Constitutional Court Decision Number 46/PUU-VIII/2010 are in the form of justice, protection, recognition, guarantee, legal certainty, and equal treatment (non-discriminatory) where this is in line with the legal principles that form the basis of the ratio legis. The Constitutional Court's decision is basically aimed at illegitimate children resulting from unregistered marriages, not from adultery, so that the civil rights that can be obtained are limited to the right to fulfill the necessities of life, such as living expenses, education costs, health costs, and others. The conclusion is that in the Islamic legal review, the Constitutional Court's decision is in line with Islamic law in the sense that the Constitutional Court's decision is present to protect the soul (hifdz an-Nafs) of illegitimate children from deterioration where this is in line with the principle of maqashid sharia which is al-daruriyyah (primary things) that must be maintained.