- VIVAnews/Fernando Randy
VIVAnews – Deputy Minister of Religious Affairs, Nazaruddin Umar, said the Ministry is ready to pass the Constitutional Court’s decision on Marriage Laws.
The Constitutional Court has decided that children born out of wedlock have a civil relationship with the mother and the mother’s family as well as with the man proven to be the father through technological and/or other legal evidences. “We are subject to the Court’s decision,” he said on Friday, Feb 17th.
According to Nazaruddin, the implementation of the decision is that the children who were previously could not get birth certificate because their parents did not have a marriage certificate, now can change.
“I will study the formal decision first,” he said.
The Constitutional Court has granted several testing of the Law No.1/1974 on Marriage.
Article 43 section (1) of Law No.1/1974 on Marriage stated that “Children born out of wedlock only have civil relationship with the mother and the mother’s family,” which contradicted the Constitution of the Republic of Indonesia.
“As long as it is interpreted to eliminate the civil relationship with the man proven to be the father through technological and/or other legal evidences,” said Chairman of the Constitutional Court, Mahfud MD, today.
The Constitutional Court has decided that the status of Machica Mochtar’s child, who was born out of wedlock, is not only under the mother’s responsibility, but also under the responsibility of the biological father, the late Moerdiono.
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