Legal Status Analysis of Children Born From Siri Marriage in Birth Certification Production
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2022, Vol 5, Issue 10
Abstract
This study aims to find out (a) whether children born from unregistered marriages can have a legal birth certificate (b) what are the legal consequences for children born from unregistered marriages in having a legal birth certificate. The research method used is that this research is a normative juridical law research (legal research), where the concept of normative legal research or library research is research that examines document studies, using various secondary data such as legislation, court decisions, legal theory. , and can be in the form of opinions of legal scholars. The results of the study show that 1) Children from serial marriages can make legal birth certificates based on the provisions explicitly regulated in Article 99 of the Compilation of Islamic Law, namely legal children are children born from legal marriages in accordance with Article 42 of Law Number 1 In 1974 concerning Marriage, as well as civil relations, children from unregistered marriages only have civil relations with the mother and her mother's family as explained in Article 43 of the Marriage Law. A valid marriage is a marriage that fulfills not only the terms and pillars of Islam, even administrative processes such as registration of marriages are provisions for the legal position of the marriage. 2) The legal consequence for a child from an unregistered marriage to make a legal birth certificate is if the birth certificate of a child from an unregistered marriage can be issued by including the name of the father, which is a requirement for a determination from the Court regarding the origin of the child. The child's parents apply for a court order regarding the legalization of the child by bringing evidence that proves they are related by blood. Complementing the decision of the Constitutional Court to be more accurate, serial marriages can be registered and then registered through civil registration so that birth certificates can be issued, on the basis of a valid marriage certificate in accordance with Article paragraph (1) of Law Number 1 of 1974 concerning Marriage stating the origin of a child is only can be proven by an authentic birth certificate
Authors and Affiliations
Iyam Irahatmi Kaharu, Gamar Muhdar
Keywords
Related Articles
- EP ID EP709735
- DOI 10.47191/ijmra/v5-i10-12
- Views 83
- Downloads 0
Stock Market Effects of Covid'19 in India
The outbreak of the Covid-19 virus, which began in Wuhan, China, and has since spread throughout China and the rest of the world has had a significant and detrimental effect on economies and stock markets everywhere. The...
Electrical and Optical Properties of Thin-Film Wide-Gap Metal Oxides Sno 2, In 2 O 3 , Ito , Cdo , Moo 3
The electrical properties of the created doped and undoped wide-gap layers of metal oxides SnO 2, In 2 O 3 , ITO , CdO , MoO 3 were studied. Depending on technological factors. The optimal growth conditions for these sem...
Some Issues in Building a Multi-Pillar Pension System in Vietnam
In the context of rapid population aging, building and implementing a multi-layered pension system to ensure old-age benefits for all elderly people is an inevitable development trend, bringing social security for all pe...
Village Development Study Based on the Developing Village Index in Bati-Bati District, Tanah Laut Regency
The concept of the Development Village Index (IDM) itself is then explained in the Ministry of Village Regulation (Permendes) No. 2 of 2016 concerning patterns and maps of village development development. In article 3 it...
The Effect of Chayote Juice (Sechium Edule) on Mda and Il-6 Levels (Experimental Study on Male Wistar Rats Induced with High-Fat Diet)
Dyslipidemia is an increase in total cholesterol, Low-Density Lipoprotein (LDL), triglycerides, and a decrease high- Density Lipoprotein (HDL), Consequences of consuming fat cause the metabolism of free fatty acids resul...