Decision Of Constitutional Court Research Articles

Analisis Sentimen Publik pada Tagar #KawalPutusanMK di Media Sosial X

The background of this study is the importance of the validity of land buying and selling that is carried out not in front of the Land Deed Making Officer (PPAT), especially because many people still buy and sell land under their hands. This practice is often caused by a lack of understanding of legal procedures or avoiding unwanted additional costs. In fact, in accordance with government regulations and applicable laws, the transfer of land rights can only be registered with proof of an authentic deed made by PPAT. Therefore, this study aims to analyze public sentiment towards #KawalPutusanMK hashtags on social media X (Twitter), using a netnography approach and big data analysis. The #KawalPutusanMK movement emerged in response to the DPR's efforts to revise the Constitutional Court's (MK) decision regarding the 2024 Regional Elections, which sparked controversy among the public. The research data was taken from conversations that occurred on platform X between August 21 and September 29, 2024. The results of the analysis showed that there were 1127 tweets using the hashtag, with the following sentiment distribution: 91 positive, 484 negative, and 552 neutral. The dominance of negative sentiment indicates public dissatisfaction with the Constitutional Court's decision. This research contributes to understanding the pattern of political communication on social media and provides insights for the government in monitoring public opinion and formulating more responsive policies.xx.

The Authority of the Constitutional Court in Reviewing International Agreements : Case of ASEAN Charter Review

This study discusses the authority of the Constitutional Court of the Republic of Indonesia in reviewing international agreements, focusing on the ASEAN Charter case. The results of the study indicate that the Constitutional Court does not have the authority to review international agreements, because its duties are limited to reviewing laws against the Constitution. Therefore, the Constitutional Court's decision to review laws related to the ASEAN Charter is considered inconsistent with applicable legal provisions. The implications of this review on Indonesia's position in ASEAN are not significant, because the Constitutional Court's decision is more aimed at harmonizing national law with Indonesia's international obligations. This study emphasizes the importance of a clear understanding of the limitations of the Constitutional Court's authority in the context of international law and its impact on Indonesia's relations in ASEAN.

Sentiment Analysis of the MK Decision Trial of the Result of the 2024 President and Vice President General Election on Social Media X Using the Support Vector Machine Method

Support Vector Machine (SVM) is a method of machine learning often used in classification and regression issues, especially in the classification of commentary reviews on social media such as Twitter. The Constitutional Court (MK) has the authority to resolve disputes resulting from the general election, including the 2024 presidential election. As an institution that maintains fairness and transparency in the democratic process, the Constitutional Court's decisions are often at the center of public attention and debate, especially on social media. In the 2024 general election, various allegations of fraud led to protests from several parties who felt aggrieved. The final and binding Constitutional Court's decision is expected to resolve the conflict that arises, but it often does not satisfy all parties, causing political and social tensions. This conflict can be reflected through public opinion expressed on social media, such as Twitter, where various responses and sentiments to the decision are essential analysis materials. This Research uses the Support Vector Machine (SVM) algorithm with a dataset of 1383 review comments divided by an 80:20 ratio for training and testing. The system was implemented using the Python programming language, with evaluations showing the highest accuracy at 61.00%, precision at 61.00%, and recall at 62.00%. This study aims to analyze public sentiment regarding the Constitutional Court's decision using the SVM method and identify the tendency of public opinion as positive, negative, or neutral. Through this study, it is expected that a deeper understanding of the public's perception of the Constitutional Court's decision is obtained. In addition, this Research is likely to contribute to developing sentiment analysis methods in the future and provide a basis for recommendations for the Constitutional Court in handling election result disputes better.

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

The Wetu Telu Community’s Customary Chief Influence on the Management of Indigenous Forests in Bayan, North Lombok, West Nusa Tenggara

The existence of an institution system and customary chief is very important for the sustainability of customary forest management. This study attempts to explain the function of the traditional chief of Wetu Telu community in the management of indigenous forests in the Bayan Sub-District, North Lombok Regency, West Nusa Tenggara Province, as well as the institutional framework and changes in that function. Observation, interviews, and documentation were used to collect data. The data obtained was analyzed thematically using Nvivo 12 Software, while a descriptive analysis used the Milles and Huberman Model. The results show that customary chiefs have the following roles: raise public awareness, spearhead conservation efforts, convey moral and spiritual messages, guide and oversee conservation efforts, mediate conflicts of interest related to nature, lead religious activities related to nature, and establish communication and collaboration. The institutional system of the Wetu Telu community’s customary chief consists of several components, including special requirements, an appointment mechanism, personnel, a term of office, a source of income, and a dismissal mechanism. The role of the customary chief in indigenous forest management continues to be strengthened from time to time. The reasons for strengthening the role of the customary chief are the issuance of the Constitutional Court Decision Number 35 of 2012 concerning the status of indigenous forests, the recognition of the success of local wisdom-based forest management patterns, increasing public awareness of the importance of environmental conservation, global warming, and, the development of ecotourism. Keywords: customary chief, indigenous forest management, local government, Wetu Telu community

Constitutional Court Decision No.60/Puu-XXII/2024 Protects the Constitutional Rights of Citizens and Political Parties in Simultaneous Regional Elections in the Regions

Since Indonesia's establishment and independence, the process of filling the seats or positions of Regional Heads has changed many times, starting from the Old Order era, the New Order, and the reform period. These changes are actually in accordance with the needs of the times and not motivated by the interests of maintaining power. The decision of the Constitutional Court (MK) Number 60/PUU-XXII/2024 is right for now. At least it saves democracy from the cartel politics being played by the political elites in the country. The Constitutional Court's decision, which changed the threshold to resemble or almost the same as the requirements for individual candidates, opened the faucet for competition to become even more alive. This includes guaranteeing the constitutional rights of non-parliamentary political parties (without seats) to be able to nominate candidates for Regional Heads who were originally unable to as specified in Article 40 of Law 10 of 2016 concerning Pilkada. However, for the sustainability of democracy in the future, the author views that this decision is not optimal or still leaves problems. In the future, the implementation or application of a threshold or minimum requirement of support for the nomination of candidates for Regional Heads and even the President is no longer appropriate. In the future, an open nomination system should be applied, in which all political parties participating in the elections that pass the KPU verification are automatically entitled to propose candidates for Regional Heads. Some countries that adhere to the Presidential system do not recognize the term threshold. America, Brazil, Peru, Mexico, Colombia, and Kyrgyzstan.

Juridical Analysis of State-Owned Enterprises (BUMN) with Bankruptcy Status

Bankrupt BUMN is not as simple as bankruptcy of a person or other legal entity, because this BUMN has state assets whose management must involve state intervention. Government intervention is proven by the presence of the Minister of Finance as CFO and majority owner of BUMN and the Minister of BUMN as director and supervisor of BUMN activities, apart from that there are supporting regulations, namely the KN Law, PN Law and Constitutional Court Decision No. 62/PUU-XI/2013 which notes that wealth separated from BUMN remains state wealth. If a state company is bankrupted by its own debtor, the finance minister has the largest say in the state-owned bankruptcy application than the GMS, in Peru the finance minister has the highest power and is the only party. who can file bankruptcy. The legal consequence of BUMN bankruptcy is that a public confiscation is carried out, but first the BUMN must go through a process of paying state assets in accordance with Minister of Finance Regulation No. 50/PMK.06/2014 because BUMN goods are still considered state-owned goods.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources

<p><em>Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.</em></p>

A Comparative Study of Open Proportional System in 2019 and 2024 Election in Indonesia: A Case Study in Klaten Regency

This study aims to compare the implementation of the open proportional system election in the 2019 Election compared to the 2024 Election including policy changes and voter trends in the open proportional system and to analyze the Constitutional Court Decision Number 114/PUU-XX/2022, which confirms the use of an open proportional system in the 2024 General Election, affecting youth participation in running as legislative members. The research method used is a juridical-sociological approach, implemented in Klaten Regency, and described descriptively. Primary data were obtained through interviews with the Klaten Regency KPU and several youth who were running as legislative members, while secondary data were obtained through a review of relevant literature, including related books and laws. The results of the study show a significant increase in youth participation as legislative candidates. Factors contributing to this increase include the Constitutional Court Decision Number 114/PUU-XX/2022 itself, the use of social media, and the environment around the youth.

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.

Analysis of Constitutional Court Decision No. 16/PUU-XVIII/2020 Regarding the Honorary Council's Approval of Summoning a Notary in the Examination of Criminal Cases

In writing this journal the author discusses legal issues regarding the Analysis of the Constitutional Court Decision Number 16/PUU-XVIII/2020 concerning the Approval of the Honorary Notary Council for Summoning Notaries in the Examination of Criminal Cases. The Constitutional Court (MK) stated that it did not accept and rejected the judicial review of Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions regarding the examination of Notaries in the judicial process with the approval of the Notary Honorary Council ( MKN). The Petitioners argue that the phrase with the approval of the Notary Honorary Council in Article 66 of the Law on the Position of Notaries places the Notary Honorary Council as having absolute and final authority to approve or disapprove a notary's summons to attend a case examination. This means that investigators, public prosecutors and judges cannot take further legal action if the Notary Honorary Council does not give their approval. With the Constitutional Court's decision issued by the Constitutional Judge regarding Article 66 paragraph (1) of the Notary Law, a problem arises regarding the basis of the judge's consideration of the Constitutional Court's decision regarding the Honorary Council's approval of the summons of a Notary in the examination of criminal cases. The approval of the Notary Honorary Council in granting permission to the parties to take or notarize and examine the Notary remains valid. The Constitutional Court (MK) stated that it did not accept and rejected the material review requested by the Indonesian Prosecutors Association.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Perlindungan Hukum bagi Anak Luar Nikah di Indonesia; Studi Komparasi Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010 dan Hukum Islam

Ideally, legal protection for children born out of wedlock should ensure that they receive civil rights equivalent to those of legitimate children without discrimination. In reality, there are still differences in treatment between positive law in Indonesia, especially after the Constitutional Court Decision No. 46/PUU-VIII/2010, and Islamic law, which holds differing views on the status of children born out of wedlock. The challenge lies in how to harmonize legal protection for these children amidst the differing perspectives between positive law and Islamic law, ensuring that their civil rights are upheld while also minimizing negative social impacts, such as fornication. The purpose of this study is to analyze and compare legal protection for children born out of wedlock according to the Constitutional Court Decision and Islamic law and to seek solutions that can integrate both perspectives to create fair and dignified legal protection. The methodology used in this study is a normative juridical approach, examining various laws, court decisions, and related Islamic legal literature. The results of the research indicate that although there are differences in views between the Constitutional Court's decision and Islamic law, the integration of both approaches can provide more comprehensive legal protection for children born out of wedlock. By balancing both perspectives, it is hoped that it will guarantee the civil rights of these children while also preserving societal morality by minimizing the practice of fornication.

Kewenangan Menteri Keuangan Memilih Ketua Dan Wail Ketua Pengadilan Pajak Berdasarkan Undang-Undang No.14. Tahun 2002

In the judicial system, the principle of independence must be upheld to ensure justice. However, there are indications that the autonomy of the tax court is being influenced. This is based on Article 8, paragraph (2) of Law Number 14 of 2002 on the Tax Court, which mandates the proposal of candidates for the positions of Chairman and Deputy Chairman of the Tax Court by the Minister of Finance. Ultimately, the Constitutional Court issued Decision No. 10/PUU-XVIII/2020 as a manifestation of judicial independence. The problem is how the authority of the Minister of Finance in selecting the Chairman and Deputy Chairman of the Tax Court before the Constitutional Court Decision No.10/PUU-XVII/2020, and what are the legal implications of this authority after the Constitutional Court Decision No.10/PUU-XVII/2020. This research is normative juridical in nature. The research is descriptive. Based on the research findings, the Ministry of Finance has the responsibility to guide the organization in both administration and finance of the tax court. Prior to the Constitutional Court's decision, the authority granted to the finance minister was not in line with the independence of the judiciary

TESTIMONIUM DE AUDITU SEBAGAI DASAR PERTIMBANGAN HAKIM DALAM MEMUTUS TINDAK PIDANA PENCABULAN DAN PERSETUBUHAN ANAK

Decision No. 254/Pid.Sus/2023/Pn.Mks, which examined and adjudicated a case of sexual assault and intercourse, was based solely on Testimonium de auditu. The issue is to what extent the available evidence supports Decision No. 254/Pid.Sus/2023/PN.Mks in declaring the defendant not proven legally and convincingly guilty according to the applicable legal standards. The research method used involves secondary data and is structured using normative descriptive research techniques. The discussion and conclusion are that Asdar Muhammad should be charged with sexual assault and intercourse based on written evidence, witness statements, and testimony from a minor victim, according to the analysis conducted (Case No. 254/Pid.Sus/2023/PN.Mks). The importance of witness testimony compared to what is seen, heard, or experienced determines the severity of a case, based on Constitutional Court Decision No. 65/PUU-VIII/2010. However, Asdar Muhammad should have been found guilty of committing sexual assault or intercourse, rather than being declared not guilty, as stated in Constitutional Court Decision No. 65/PUU-VII/2010.

The position of state-owned enterprises: Towards a health sector super holding company paradigm

Purpose: In Indonesia, the State-Owned Enterprises holding in the healthcare sector operates under the mandate of Article 33 of the 1945 Constitution, consisting of two main holding companies: PT. Bio Farma (Persero), which includes PT Kimia Farma, PT Indofarma, and PT Inuki, as well as Pertamedika IHC that manages SOE hospitals nationwide. The overlap in business activities between PT. Bio Farma and Pertamedika IHC suggests the potential for establishing a super healthcare holding. Method: This research, conducted normatively, evaluates the principles and legal norms for creating such a super holding, referencing the legislative framework and Constitutional Court decisions. Result: The proposed super holding would adopt a modern corporate structure led by a Chief Executive Officer, akin to Temasek in Singapore or Khazanah in Malaysia. The establishment of a super healthcare holding company involves PT. Bio Farma with its 410 healthcare clinics and Pertamedika IHC as the parent holding of SOE hospitals, which manages 75 hospitals and 143 healthcare clinics throughout Indonesia. Conclusion: However, legal challenges, including the state's financial status and the legal relationships between parent and subsidiary companies, necessitate amendments to Law No. 19 of 2003 on SOEs to provide a stronger legal foundation for the formation of the super holding.

Status anak diluar nikah komparasi hukum islam dan hukum positif

One of the legal consequences of the status of a child out of wedlock is the status (position) of the child out of wedlock. In Indonesian legislation, there are several laws that explain the status of children out of wedlock, although there are differences in the law and status of these children between these laws. In Islamic law, children out of wedlock have a different position from legitimate children, biological children, adopted children, and children resulting from adultery. The existence of this position affects in determining guardianship, nasab, inheritance and hadhanah. This research uses a normative study approach, namely comparing the status of adopted children according to Islamic law and positive law. This research is a type of Library Research (literature), the author will present library data in the form of books, journals, research reports, papers and other library materials that are accurate to the object of the subject matter. Based on the results of the research conducted, it can be concluded that, the status of children outside of marriage based on Islamic law is not the same as biological children, and legal children in Islamic law the status of children outside of marriage in terms of nasab, remains with the mother and her mother's family. According to positive law, Constitutional Court Decision Number 46/PUU-VIII/2010 stipulates that the status of children out of wedlock can only be related to the mother and her family, unless there is recognition from a biological father who can be proven scientifically and technologically. This is different from Constitutional Court Decision Number 43/PUU-VIII/2010 which regulates other aspects of children's rights. This is because the status of extramarital children is only dinasabkan to the mother and the mother's family, so directly from the Constitutional Court's decision stipulates that the position or nasab of extramarital children (either due to adultery or nikah sirri) is to their biological father who can be proven by science and technology.