Shodik, M. Amirul (2025) Perlindungan Hukum Terhadap Anak dalam Perkawinan Sirri yang Tidak Mendapatkan Hak Keperdataan (Studi Kasus Pengadilan Agama Kota Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

This study discusses the legal protection of children born from unregistered (siri) marriages who do not receive civil rights, particularly in the city of Pekanbaru. The background of this issue arises from the widespread practice of siri marriages, which has a direct impact on the legal status of the child, especially regarding identity registration, inheritance rights, and administrative protection. Children from such marriages are often unable to include their father's name on birth certificates and lack clear legal standing in civil relationships. The research questions posed in this study are: “How is the legal protection of children from siri marriages who are denied civil rights in Pekanbaru?” and “What are the obstacles in providing legal protection to these children?” This research employs a qualitative approach with data collected through interviews and document studies. Primary data were obtained from interviews at the Religious Court of Pekanbaru, while secondary data were gathered from laws and regulations, legal literature, and court decisions. The data were analyzed descriptively using normative and empirical legal analysis. The findings reveal that although legal frameworks such as Law No. 35 of 2014 and Constitutional Court Decision No. 46/PUU-VIII/2010 provide protection for children, their implementation in Pekanbaru remains suboptimal. The main obstacles include the absence of official marriage registration, low public legal awareness, economic barriers in filing marriage legalization (isbat), and weak inter-institutional coordination. Therefore, legal reform and stronger institutional synergy are urgently needed to ensure the civil rights of children from siri marriages are fulfilled fairly and equally.

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