NASAB ANAK DARI PERKAWINAN SIRI

Abstract

This research contains a written presentation about child status born from siri marriage-a child born from a marriage that is not officially registered on the perspective of marriage law in Indonesia, using qualitative normative methods with conceptual and historical approach. The results reveal that there are two types of child status in family law-a legitimate child and an illegitimate child. A legitimate child is a child born to parents who were legally married as described in Article 42 of Indonesian Law No. 1 of 1974 concerning Marriage stating that "A legitimate child is a child born from a legal marriage", whereas an illegitimate child is a child born to parents who were illegally married and the marriage is known as a siri marriage. Being called siri marriage or unregistered marriage as the marriage is only acknowledged by religious laws. One of the common reasons causing siri marriage is for covering the disgrace to the family from a shotgun marriage-the bride-to-be is pregnant at a young age. A child born from a siri marriage is called an illegitimate child as a result of being born from a marriage that does not conform to the provisions of marriage law. Therefore, the child does not have a nasab relationship (birth certificate) from his parents as a form of proof of nasab which is the right of every child. Determining child's nasab in Islam can be done by using several ways, as follows: 1. Through a legal marriage 2. Through a recognition or lawsuit against the child 3. Through a proof 4. Through approximation (Qiyafah) Abstrak Penelitian ini berisi pemaparan tertulis mengenai bagaimana status nasab anak yang lahir dari nikah siri, yaitu anak yang lahir dari perkawinan yang tidak tercatat dalam perspektif hukum perkawinan di Indonesia, menggunakan metode normatif kualitatif disertai pendekatan konsep (conceptual approach) juga pendekatan sejarah (historical approach), dan hasil dari penelitian ini ditemukan bahwa status anak dalam hukum keluarga dapat di kategorikan menjadi dua macam yaitu: anak