Aditya, Tony (2023) implementasi Hak-hak Anak Dalam Perkawinan Sirri Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Di Kua Bangkinang. Other thesis, Universitas Islam Riau.

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Abstract

Siri marriages emerged after the issuance of Law Number 1 of 1974 concerning marriages which became effective on October 1, 1975. Such marriages are marriages which are carried out not based on state law but comply with Islamic requirements. Siri marriage means marriage that is not registered at the Office of Religious Affairs and does not have a marriage book. In the Compilation of Islamic Law Article 43 Article 43 states that a child born out of wedlock only has a civil relationship with his mother and his mother's family. According to Law Number 1 of 1974 Concerning Marriage, a valid marriage based on the rule of law in Indonesia is a marriage according to the pillars and conditions of marriage based on each other's beliefs and is registered with the Marriage Registrar. In the law that applies in Indonesia, sirri marriage is not recognized because it is a marriage that is not recognized by the State because the marriage is not registered at an authorized institution. The problems in this study are: First, how is the implementation of children's rights in Sirri marriages based on Law No. 1 of 1974 concerning marriage at KUA Bangkinang. Second, What are the Inhibiting and Supporting Factors for the Realization of Rights in Sirri Marriage Based on Law Number 1 of 1974 concerning Marriage at the KUA Bangkinang This study uses the empirical sociological legal research method, namely by conducting direct interviews with respondents or data sources at research locations that are descriptive in nature. The results of this study concluded that: First, basically the KUA Bangkinang has carried out services in accordance with the applicable laws and regulations. As long as the marriage can be proven by the existence of a marriage book and its validity is guaranteed, then the child's civil relationship with his biological father is not a problem and can be recognized but conducts a more thorough examination and gives the family a choice as guardian because indeed the status of a child cannot be separated from how the marriage was carried out by their parents in the case of unregistered marriage. As for the Inhibiting and Supporting Factors for the Realization of Children's Rights According to Law Number 1 of 1974 concerning Marriage, namely marriage is considered invalid if it has not been registered by the KUA or the Civil Registry Office (KCS). Then the child only has civil relations with the mother and the mother's family (articles 42 and 43 of Law Number 1 of 1974 concerning Marriage). While there is no civil relationship with the father, this means that the child cannot claim his rights from the father by being born in an unregistered marriage, the birth of the child is also not recorded. Then a further consequence of the unregistered marriage is that neither the wife nor the children born of the marriage have the right to claim benefits or inheritance from their father.

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