Analysis of Constitutional Court Decision No. 46 /PUU-VIII / 2010 on Judical Review Act No. 1 of 1974 in The Concept Laqith and Wasiat Wajibah

Constitutional Court Decision No. 46 / PUU-VIII / 2010 raise the pro and contra in the society. The pro side considers the Constitutional Court decision gives justice for women who are victims of fraud or sirri wedding, and for the children born from this relationship. On the other hand, the contra side argues that the decision of the Constitutional Court has strayed far from the Islamic law; even they consider it as legalizing adultery. In this research, writer uses a qualitative approach. The writer deciphers Constitutional Court Decision No. 46 / PUU-VIII / 2010 and then analyzes those using concepts laqith and wasiat wajibah in the Islamic law. The concept of laqith can be used to justify the obligation of biological father toward his children, and wasiat wajibah can be used as a way out for inheritance for children born outside wedlock. From these results, it can be concluded that the court decision number 46 / PUU-VIII / 2010 does not contradict with the Islamic law.Constitutional Court Decision No. 46 / PUU-VIII / 2010 raises the pro and contra in the society, the side of the pro considers the Constitutional Court decision is justice for women who are victims of fraud or wedding sirri, also to the children born from this relationship. For contra, the decision of the Constitutional Court has strayed far from Islamic law, even considered legalizing adultery. In this research, writer used a qualitative approach, writer decipher Constitutional Court Decision No. 46 / PUU-VIII / 2010 and then analyze them using concepts laqith and wasiat wajibah, laqith researchers use to justify their obligations towards their children’s biological father was borrowed and used as solutions to problems of inheritance of children outside of marriage. So, the writer concluded that based on these two concepts, the Constitutional Court Decision No. 46 / PUU-VIII / 2010 does not conflict with Islamic law