IMPLEMENTASI PERLINDUNGAN HUKUM TERHADAP HILANGNYA HAK ISTRI DAN ANAK AKIBAT PERNIKAHAN SIRI

Abstract

Basically creatures on earth were created to become leaders of the entire universe. To maintain its existence as an intelligent creature, regeneration is needed as a form of maintaining its offspring so that it always exists, so that humans need the opposite sex to have children in order to continue life from generation to generation. The Marriage Law stipulates that marriage must be inscribed as a principle and recognized by religion and the state. the purpose of this study was to find out 1) the implementation of legal protection against the loss of the rights of wives and children due to unregistered marriages; and 2) the inhibiting factors underlying the loss of wife and children's rights as a result of unregistered marriages. In discussing the problems contained in this study, researchers carried out 2 (two) approaches, namely normative juridical and empirical juridical approaches. This type of legal research is descriptive qualitative in nature, so the type of data used consists of primary data and secondary data. Based on the results of the discussion, legal protection can be applied by applying for itsbat marriage to the religious court, re-marriage, and in family deliberations. make requests for itsbat nikah to religious courts, re-marriage, and in family deliberations. While the inhibiting factors behind the loss of the rights of wives and children are family problems, economic and study problems, social and psychological problems, legal problems, and religious problems.