THE EFFECTS OF SIRI MARRIAGE LAW ON THE POSITION OF CHILDREN AS SEEN FROM ISLAMIC LAW AND MARRIAGE LAW

Abstract

Many people have been carrying out siri marriages for a long time, that is, marriages which are only carried out according to the Islamic religion without the marriage being registered by a government registrar, so that it cannot be proven by a marriage certificate, with several allegations emerging about the reasons why siri marriage with all its risks is still used as an alternative. Among people who are unfamiliar with the law and economically weak communities, it is possible due to limited funds that with practical procedures at no cost, marriages can be carried out. In this writing, the author conducted research with the aim of knowing the legal perception of unregistered marriages from the perspective of the Compilation of Islamic Law and Marriage Laws in Indonesia. The approach in writing this scientific work is carried out using the statute approach. The Compilation of Islamic Law states that unregistered marriage is an invalid marriage. Here it will be clearer how existing legal regulations can be different from the understanding in society. Siri marriages, which are considered legal according to religion, in reality actually give rise to many problems that result in losses for women. Siri marriage is often taken as a shortcut for couples to legalize their relationship, even though this action is basically a violation of Law no. 1 of 1974 concerning marriage.