Impact of Constitutional Court Decision No. 24/PUU-XX/2022 Regarding Marriage as a Prerequisite for Fulfilling the Right to Have a Family and Continuing Offspring: A Socio-Legal Perspective

Abstract

MK Decision No. 24/PUU-XX/2022 comes with legal considerations in the form of an affirmation that marriage cannot be interpreted as a right but is a prerequisite for fulfilling the right to have a family and continue offspring. The construction of the Constitutional Court Decision impacts people's legal behavior and changes people's understanding so that the Constitutional Court Decision carries out marriages. It is legal and socio-legal research that puts forward the legal sociology approach. The results of the study confirmed that the Constitutional Court Decision No. 24/PUU-XX/2022 emphasizes that marriage is a means to guarantee everyone's right to have a family and continue offspring. The substance of the Constitutional Court Decision No. 24/PUU-XX/2022 has an impact on society, especially how people's understanding of marriage, in which the Constitutional Court Decision states that the essence of marriage is a prerequisite for realizing the right to have a family and to have children is actually by the substance of the Compilation of Islamic Law.