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

Nurul Hikmah; Budi Hermono; Agung Ari; Syahid Akhmad Faisol

doi:10.2991/978-2-38476-152-4_144

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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_144 How 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: 10.2991/978-2-38476-152-4_144
ISSN: 2352-5398
DOI: 10.2991/978-2-38476-152-4_144 How to use a DOI?
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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ris enw bib

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  -

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