Kajian Penafsiran dan Penemuan Hukum oleh Hakim dalam Memutus Hak Mewaris Anak Hasil Perkawinan Siri

Abstract

Siri marriage is also known as an underhand marriage and is not regulated in state legislation, because usually the marriage is carried out only according to the religion or customs of the prospective husband and wife. Because it is carried out in a religious or customary manner, siri marriage is considered valid. Neither the existing marriage law nor the existing regulations regulate unregistered marriages or underhand marriages. Based on religion, unregistered marriage is considered valid. Usually marriage. The research method used is normative juridical. From the research results, it was concluded that unregistered marriages were considered valid when following the rules of each religion even though they were not or had not been recorded in the marriage registration. Children from the result of unregistered marriages have the right to inherit from their parents through a gift or will. This is because the registration of a marriage is a formal requirement only and is not a legalization of marriage. Threfore the state must provide legal protection.