Legal Status Analysis of Children Born From Siri Marriage in Birth Certification Production
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2022, Vol 5, Issue 10
Abstract
This study aims to find out (a) whether children born from unregistered marriages can have a legal birth certificate (b) what are the legal consequences for children born from unregistered marriages in having a legal birth certificate. The research method used is that this research is a normative juridical law research (legal research), where the concept of normative legal research or library research is research that examines document studies, using various secondary data such as legislation, court decisions, legal theory. , and can be in the form of opinions of legal scholars. The results of the study show that 1) Children from serial marriages can make legal birth certificates based on the provisions explicitly regulated in Article 99 of the Compilation of Islamic Law, namely legal children are children born from legal marriages in accordance with Article 42 of Law Number 1 In 1974 concerning Marriage, as well as civil relations, children from unregistered marriages only have civil relations with the mother and her mother's family as explained in Article 43 of the Marriage Law. A valid marriage is a marriage that fulfills not only the terms and pillars of Islam, even administrative processes such as registration of marriages are provisions for the legal position of the marriage. 2) The legal consequence for a child from an unregistered marriage to make a legal birth certificate is if the birth certificate of a child from an unregistered marriage can be issued by including the name of the father, which is a requirement for a determination from the Court regarding the origin of the child. The child's parents apply for a court order regarding the legalization of the child by bringing evidence that proves they are related by blood. Complementing the decision of the Constitutional Court to be more accurate, serial marriages can be registered and then registered through civil registration so that birth certificates can be issued, on the basis of a valid marriage certificate in accordance with Article paragraph (1) of Law Number 1 of 1974 concerning Marriage stating the origin of a child is only can be proven by an authentic birth certificate
Authors and Affiliations
Iyam Irahatmi Kaharu, Gamar Muhdar
Keywords
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- EP ID EP709735
- DOI 10.47191/ijmra/v5-i10-12
- Views 64
- Downloads 0
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