The Constitutional Court (MK) is a state institution that upholds human rights (Human Rights), in particular the right to equal treatment before the law. Therefore, the Law on the Constitutional Court of testing can be done by anyone regardless of gender, age, ethnicity, religion, or adherents of a particular faith. It is said by Judge Maria Farida Indrati when filling HAM II trial session in Jakarta, Wednesday (12/12) afternoon.

"In the framework of the protection and enforcement of human rights, according to the principles of a democratic state of law, the exercise of human rights must be set and outlined in the legislation," said Mary unto the audience.

Act one ever tested MK and direct contact with the rights of women and children’s rights, article 43 paragraph (1) of the Marriage Law by Decision No. 46/PUU-VIII/2010. Article 43 paragraph (1) of the Marriage Law says, "Children who are born outside of marriage has only a civil relationship with his mother and his mother’s family." According to the applicant, the article is contrary to Article 28B Paragraph (1) and paragraph (2) and Article 28 Paragraph (1) of the 1945 Constitution.

"Applicability of the norm in the article, according to the applicant, the applicant’s constitutional rights are detrimental to the loss of the right to form a family and continue the descent through a legal marriage, the loss of the rights of children to live, grow and develop as well as the right to protection from violence, discrimination, and the right to recognition, security, protection and legal certainty of fair and equal treatment before the law, "said Maria length.

It says Maria again, according to test applicants Marriage Act, the enactment of Article 43 paragraph (1) cause the applicant and the applicant’s child born of the marriage according to Islam with a man, who was not officially recorded, loss of status as the wife and children of lawful a man with all its consequences.

Until the end of the Constitutional Court decided to grant the applicant’s request for the portion of the Marriage Act. Article 43 paragraphs (1) of the Marriage Law is considered contrary to the 1945 Constitution meant eliminating all civil relationship with a man who can be proven by science and technology and or other evidence under the law turns out to have a blood relationship as father.

"Article 43 paragraph (1) of the Marriage Law has no binding legal force throughout meant eliminating civil relationship with a man who can be proven by science and technology and or other evidence under the law turns out to have a blood relationship as father," said Mary.

Thus, further Maria, Article 43 paragraph (1) Marriage Act should be read, "Children born out of wedlock have a civil relationship with her mother and her mother’s family as well as with men as her father can be proved by science and technology and or tools other evidence by law to have a blood relationship, including civil relationship with his father’s family.” (Nano Tresna Arfana / mh)