Jurnal Elsyakhshi
Vol. 4 No. 1 (2026): June

Reconceptualizing the Legal Relationship Between a Child and Their Biological Father in an Unregistered Marriage

Ahmad Fernanda (Universitas Islam Negeri Imam Bonjol Padang, Indonesia)
Arya Apriyendi (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Indra Syafriandi (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Muhammad Fachri Haikal (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Muhammad Azidan (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Serfian Fajra Rizky (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Awais Abdul Sattar (Istanbul University, Turkey)



Article Info

Publish Date
26 Jun 2026

Abstract

This study aims to reconceptualize the legal relationship between a child and their biological father in unregistered marriages from the perspective of legal philosophy. The study employs normative legal research with a qualitative approach. Primary, secondary, and tertiary legal materials were analyzed through statutory, conceptual, and philosophical approaches, supported by qualitative content analysis and Gustav Radbruch’s theory of the purpose of law. The findings indicate that the prevailing legal framework remains dominated by a “marriage-based legal relationship” paradigm, in which marriage registration functions as a primary basis for establishing legal relationships. This framework has yet to adequately balance legal certainty, substantive justice, and legal utility in protecting children’s rights. Based on Radbruch’s theory, the study proposes a “responsibility-based legal relationship” model, in which a legally established biological relationship may constitute a basis for parental responsibility through objective evidentiary mechanisms. The model integrates legal parentage, parental responsibility, the best interests of the child, legal certainty, substantive justice, and legal utility as a conceptual framework for the development of Indonesian family law. The study contributes a conceptual model for reconciling biological parentage, parental responsibility, and the protection of children’s rights within the legal framework governing unregistered marriages.

Copyrights © 2026






Journal Info

Abbrev

elsyakhshi

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Elsyakhsi is an international peer-reviewed journal published by Institute of Research and Community Service STAI Solok Nan Indah, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Details on our focus and scope can be viewed here. ...