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Wahyuni S.H., M.H.
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Law, Crime, Criminology & Criminal Justice

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KEDUDUKAN ANAK DARI PERKAWINAN SIRRI SETELAH PUTUSAN MAHAKAH KONSTITUSI NO 46/PUU-VIII/2010 Wahyuni S.H., M.H.
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 9, No 2 (2012): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.148 KB) | DOI: 10.56444/hdm.v9i2.302

Abstract

In the Law no. l of 1974 on Marriage states that marriage is valid if conducted according to the laws of each religion or belief, and every marriage is recorded according to the laws and regulations. The understanding of sirri marriage is not regulated in the UUP, but from the legal marriage regulation can be concluded that the sirri marriage is a marriage that is not recorded. Sirri marriage is a marriage that does not meet any of the indicators of a legitimate marriage that is present of the subject of legal marriage ceremony, they are groom, bride, guardian of marriage and two witnesses, then the certainty of the law of marriage that is joined Marriage Civil Registrar which present at the ceremony, and Walimatu 'arusy, i.e. a condition that had been created to show the public that between the two groom and bride had officially become husband and wife. Sirri marriage will produce children who are classified as a child outside marriage. With the Constitutional Court Decision No. 46/PUU-VIII/2010 on UUP Test said that the sirri marriage remains valid if determined eligible under religious law, while recording just as any administrative duties as well as other legal events such as birth or death, the child which was born of this sirri marriage may be recognized when can be proved either in law or technology.
PENCATATAN ANAK LUAR KAWIN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NO.46/PUU-VIII/2010 Wahyuni S.H., M.H.
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 11, No 2 (2014): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (54.431 KB) | DOI: 10.56444/hdm.v11i2.353

Abstract

The presence of a child creates happiness and well-being for its family for children are the fruit of marriage and as descentfoundation. However, there also a condition in which presence of child is not always a joy. This usually happens when a child is born outside of legal marriage. The child birth outside of marriage is not only caused by an extramarital affair, in a certain circumstances can also give birth outside of marriage, such as the implementation of marriages which only performed by custom / religion, and does not include the father's name per se would cause problems for child. Based on this reality, Constitutional Court makes a decision NO.46/PUUVIII/2010 that children whom born of anunrecorded marriage may have a civil relationship with his or her father as long as legally can prove his or her origin based on science and technology and / or other evidence have a blood relationship, including civil relationship with his family. This will imply that the child can be listed with name of his or her father. In practice, the Constitutional Court's decision faced many obstacles, namely the cultural distinguish between legitimate and illegitimate children, ignorance about requirements that must be met to register the birth of child, the difficulty for obtaining evidence in the scientific and technological as well as the lack of regulations that can be used as guidelines to implement the Constitution Court's decision.
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