Proceedings of the International Joint Conference on Arts and Humanities 2023 (IJCAH 2023)

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Impact of Constitutional Court Decision No. 24/PUU-XX/2022 Regarding Marriage as a Prerequisite for Fulfilling the Right to Have a Family and Continuing Offspring: A Socio-Legal Perspective

Authors
Nurul Hikmah1, *, Budi Hermono1, Agung Ari1, Syahid Akhmad Faisol1
1Law Department, Universitas Negeri Surabaya, Surabaya, Indonesia
*Corresponding author. Email: nurulhikmah@unesa.ac.id
Corresponding Author
Nurul Hikmah
Available Online 19 December 2023.
DOI
10.2991/978-2-38476-152-4_144How to use a DOI?
Keywords
Family Rights and Continuing Offspring; Marriage Law; Constitutional Court Decision
Abstract

MK Decision No. 24/PUU-XX/2022 comes with legal considerations in the form of an affirmation that marriage cannot be interpreted as a right but is a prerequisite for fulfilling the right to have a family and continue offspring. The construction of the Constitutional Court Decision impacts people's legal behavior and changes people's understanding so that the Constitutional Court Decision carries out marriages. It is legal and socio-legal research that puts forward the legal sociology approach. The results of the study confirmed that the Constitutional Court Decision No. 24/PUU-XX/2022 emphasizes that marriage is a means to guarantee everyone's right to have a family and continue offspring. The substance of the Constitutional Court Decision No. 24/PUU-XX/2022 has an impact on society, especially how people's understanding of marriage, in which the Constitutional Court Decision states that the essence of marriage is a prerequisite for realizing the right to have a family and to have children is actually by the substance of the Compilation of Islamic Law.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Joint Conference on Arts and Humanities 2023 (IJCAH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 December 2023
ISBN
978-2-38476-152-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-152-4_144How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Nurul Hikmah
AU  - Budi Hermono
AU  - Agung Ari
AU  - Syahid Akhmad Faisol
PY  - 2023
DA  - 2023/12/19
TI  - Impact of Constitutional Court Decision No. 24/PUU-XX/2022 Regarding Marriage as a Prerequisite for Fulfilling the Right to Have a Family and Continuing Offspring: A Socio-Legal Perspective
BT  - Proceedings of the International Joint Conference on Arts and Humanities 2023 (IJCAH 2023)
PB  - Atlantis Press
SP  - 1423
EP  - 1430
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-152-4_144
DO  - 10.2991/978-2-38476-152-4_144
ID  - Hikmah2023
ER  -