Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia

Research Article

Legal Status of Children Born as a Result of Unregistered Marriage (Siri) on the Position of Children According to Marriage Law

Download236 downloads
  • @INPROCEEDINGS{10.4108/eai.12-11-2022.2327364,
        author={Herlina  Basri and Zudan Arief Fakrulloh and Evita Isretno Israhadi},
        title={Legal Status of Children Born as a Result                         of Unregistered Marriage (Siri) on the Position               of Children According to Marriage Law},
        proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={2},
        keywords={unregistered (siri) marriage legal consequences; status},
        doi={10.4108/eai.12-11-2022.2327364}
    }
    
  • Herlina Basri
    Zudan Arief Fakrulloh
    Evita Isretno Israhadi
    Year: 2023
    Legal Status of Children Born as a Result of Unregistered Marriage (Siri) on the Position of Children According to Marriage Law
    MIC
    EAI
    DOI: 10.4108/eai.12-11-2022.2327364
Herlina Basri1,*, Zudan Arief Fakrulloh1, Evita Isretno Israhadi1
  • 1: Universitas Borobudur, Indonesia
*Contact email: linadoni70@gmail.com

Abstract

The analysis of the community situation describes the phenomenon that among the societies there are still many people who do not understand the legal consequences of unregistered marriages, such as regarding inheritance and the legal status of children born as a result of unregistered marriages. The clarity of the husband and wife's marital status through genuine evidence of their union is the basis for determining the child's legal status. A marriage certificate serves as the foundation for managing the child's birth certificate. When a child is born and needs a birth certificate, the population office will not issue one if the husband and wife have never registered their marriage. In order to maximize legal protection for the parties to a marriage, legal awareness is needed. The implementation method is a solution offered to overcome the problems faced by the community. In accordance with the priority issues faced by the community as mentioned above, the approach method offered to solve this problem is a descriptive normative empirical method. The results obtained can be seen on the position of the child in Article 55 of the Marriage Law which offers a solution if there is a child whose origin is unclear because he does not have a birth certificate, then the child's parents can apply for a determination of the origin of the child to the Religious Court.