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Status Hukum dan Pemenuhan Hak Keperdataan Anak Hasil Pernikahan Siri dalam Perspektif Hukum Positif Indonesia Nidha Raihani Aulia; Dikha Anugrah; Yayan Hadiyanto
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

Unregistered marriage (nikah siri) remains a common phenomenon in Indonesia as it is considered valid under religious law but is not officially recorded in accordance with national legal requirements. This condition raises legal issues, particularly regarding the legal status and civil rights of children born from such marriages. This study aims to examine the legal regulation concerning the status of children born from unregistered marriages and to analyze the legal protection of their civil rights within the framework of Indonesian positive law. This research employed a normative juridical method using statutory and conceptual approaches, supported by library research on legislation, court decisions, and relevant legal literature. The findings indicate that the absence of marriage registration weakens legal certainty regarding the child's administrative status and may hinder the fulfillment of civil rights, including legal recognition of the biological father, identity rights, inheritance rights, and access to public services. Nevertheless, the Constitutional Court Decision Number 46/PUU-VIII/2010 has strengthened legal protection by recognizing the possibility of a civil legal relationship between a child born outside a registered marriage and the biological father, provided that such relationship can be established through scientific evidence or other legally recognized means. Legal certainty regarding the child's civil rights may further be enhanced through marriage validation (isbat nikah) and the official registration of the marriage in accordance with applicable laws.
Implementasi Prinsip-Prinsip Pendirian Koperasi dalam Pembentukan Koperasi Desa Merah Putih: Studi pada Koperasi Desa Merah Putih Mancagar, Garawangi Didin Maulidina; Erna Wulansari; Muhammad Dafa Fauzan; Nidha Raihani Aulia; Sri Noviyanti Fadilah
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

This study examines the implementation of cooperative establishment principles in the formation of the Merah Putih Village Cooperative from the perspective of Law Number 25 of 1992 concerning Cooperatives. The research is motivated by the government's policy to accelerate the establishment of 80,000 village cooperatives through Presidential Instruction Number 9 of 2025, which raises legal issues concerning regulatory hierarchy, legal certainty, and conformity with cooperative principles. The study aims to analyze the legal framework governing the establishment of the Merah Putih Village Cooperative and evaluate its implementation in Mancagar Village, Garawangi District, Kuningan Regency. This research employs a normative-empirical legal research method with a qualitative approach through statutory analysis, legal principles, interviews, and field observations. The findings reveal that Law Number 25 of 1992 comprehensively regulates cooperative establishment principles, governance, membership, and capital mechanisms. Nevertheless, the implementation of the Merah Putih Village Cooperative still demonstrates several inconsistencies with cooperative principles, particularly in the top-down establishment process, dependence on government funding, and limited community participation. These conditions may undermine the principles of independence, democratic governance, and legal certainty in cooperative management. The study concludes that strengthening regulatory harmonization and promoting participatory implementation are essential to ensuring that the establishment of the Merah Putih Village Cooperative remains consistent with cooperative principles and achieves sustainable governance.