Material review Article 43 (1) of the Law on marriage is approved by the Constitutional Court for the child to be a legal child. Such circumstances would be very detrimental to the legal status of the child due to the mutilation of both parents. 46/PUU-VIII/2010 regarding the judicial review of the provisions of Article 2 point (2) of the UUP which states that every marriage is registered according to the laws and regulations in force and Article 43 clause (1) of the UUP which states that born out of wedlock has only civil relations with the mother and the mother's family.
There are many definitions of marriage in both the legislation and the definition of the legal experts. Marriage is one of the regular cultures that follows the development of human culture in the life of. KHI affirms the provisions of that article that marriage is legal "if it is done according to Islamic law in accordance with article 2 clause (1) of the UUP.
In the provisions of article 2 point (2) of the Law on marriage, the provision is defined that every marriage is registered according to the laws and regulations in force. Such constitutional rights have been violated due to the entry into force of the provisions of article 2 point (2) and article 43 point (1) of law no. 1 in 1974 regarding marriage. The law must provide legal protection and security for the status of the unborn child and the rights attached to it.
According to the Constitutional Court, Article 43 paragraph (1) of the UUP, which states: "Children born out of wedlock only have a civil relationship with his mother and his mother's family is contrary to the 1945 Constitution. From the legal point of view applicable in Indonesia is unofficial marriage (nikah sirri) a marriage that is not entered into in accordance with the provisions of the current legislation According to the authors of the Implication of the Constitutional Court decision number 46 / PUU-VIII / 2010 has a positive and negative impact on society.
CITA HUKUM
Jurnal
With the advent of the Juvenile Criminal Justice System, it is certainly interesting to consider how legal defense efforts against child victims of crime, especially crimes against morality, with child offenders under the Juvenile Criminal Justice System, who must give preference to the Restorative Justice approach. Hadjon emphasizes that the principle of legal protection for people in Indonesia is the principle of recognizing and protecting the dignity of human beings which originates from Pancasila and the principles of a state based on Pancasila law.10 Legal. Hadjon stated that the principle of legal protection for people in Indonesia is the principle of recognizing and protecting the dignity of human beings stemming from Pancasila and the principles of a state based on Pancasila.12.
Child victims in the criminal justice system are entitled to medical rehabilitation and social rehabilitation, both in the institution and outside the institution; ensuring safety, whether physical, mental or social; and easier obtaining of information about the course of the case.35 On the basis of a consideration or proposal of a guidance counselor in the community, a professional social worker or a social worker or an investigator may refer the child victim to an agency or institution that deals with child protection or A fundamental amendment to the Act no. 11 of 2012 on the criminal justice system for children from Act no. 3 of 1997 on the Juvenile Court strictly regulates restorative and different justice, which aims to prevent and prevent children from the legal process, so as to prevent the stigmatization of Children in conflict with the law and it is expected that the Child can honestly return to the social environment. 41. The first case was a rape case in the city of Yogyakarta with a victim named I who was 16 years old and the perpetrator S who is a friend of the victim and is 16 years old.
The second and third cases must be resolved by diversion due to the penalty in Act no. The second and third cases should not be solved by diversion due to the threat of punishment in Act no. In the second case, the background of the perpetrator is from a family with a lower middle class economy, while the background of the victim is from a higher family, so the victim's families are rich.
It is true that the rights of the victim's child to medical rehabilitation and social rehabilitation efforts, both within the institution and outside the institution, and the guarantee of safety, whether physical, mental or social, are guaranteed. The diversion agreement was drawn up at the local police station and signed by, among others, the sister of the victim's mother, the perpetrator's parents and the village police. Parents of victims who were not directly involved in the diversion agreement received a sudden visit from the village apparatus the night after the diversion was signed.
Is there a guarantee of the victim's rights to medical rehabilitation and social rehabilitation efforts, both within and outside the institution; assurance of safety, whether physical, mental or social; Is the diversion arrangement in the third case a reflection of the restorative justice for the victims? The child criminal justice system through restorative justice can restore and satisfy the victim's child better than the criminal court practice because the victim is involved in the process of justice.
In the absence of a party from the victim's perspective in the settlement of the case through the diversion, there can be no restorative justice that can better restore and satisfy the victim's child than the practice of a criminal court, because diversion cannot bridge the gap between the issues. bridging what the victim of a crime is confronted with and the help available to the victim. However, resolving legal protection efforts against child victims of crimes, especially crimes against morals, with child abusers under the child criminal justice system, who must prioritize the restorative justice approach, is a dilemma, because every victim and every perpetrator being a child.
