ANALISIS YURIDIS NORMATIF KEDUDUKAN ANAK LUAR KAWIN ANTARA REZKY ADITYA DENGAN WENNY ARIANI DITINJAU DARI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010
This thesis aims to find out and explain the legal considerations of judges and find out the impact of differences in judges' decisions in deciding this case, namely in deciding the case of recognition of children from relationships outside marriage. The research method used is juridical-normative research and is qualitative in nature. This research uses a case approach, in which it is necessary to understand the legal reasons used by judges at the first level, appellate level and cassation level to arrive at a decision on the recognition of children resulting from extramarital relations. Based on the juridical analysis of Court Decision Number 746/Pdt.G/2021/PN Tng, Court Decision Number 109/PDT/2022/PT BTN, and Supreme Court Decision Number 1055K/PDT/2023 regarding the recognition of children born out of wedlock, the differences in these decisions occur due to differences in legal sources and considerations used by each court. Both from laws and regulations and legal principles applicable in Indonesia. The differences in these 3 (three) decisions have a significant legal impact on children born from relationships outside of this marriage. In the first decision, the legal impact on the fulfillment of children's rights only falls on the mother. Whereas in the appeal and cassation decisions, providing obligations for the fulfillment of children's rights does not only fall on the mother, in this case there are irregularities in the decisions of the PT and MA which decide Rezky Aditya as the biological father of Wenny Ariani's child while there is no authentic DNA test evidence stating this. The author's suggestion in this study is that the judge in deciding a case of an extra-marital child must take into account more in all aspects, especially the existing evidence, one of which is authentic evidence such as DNA test results from parents who are suspected of being the biological father of the extra-marital child
