Establish Family Card Towards Unregistered Marriage Couple (Implications of Law No. 1 Of 1974 And Compilation of Islamic Law)

Abstract

The high popularity of the practice of sirri marriage in Indonesia causes many residents who are not registered in the office of population and civil records (Dukcapil). Siri marriage is a method of marriage that is done religiously, has a guardian, and meets the pillars and conditions of marriage, but does not register the marriage at the Office of Religious Affairs (KUA). It makes the ministry of home affairs Zudan Arif Fakrullah statement on October 07, 2021, that if a married couple carries out the practice of marriage, sirri can get a family card (KK). The issue of legal marriage or not is often a polemic that results in unclear marital status, resulting in a negative impact for the parties involved, both wives, husbands, and children. This study is a qualitative descriptive study using normative phenomenological shorts. The results showed pros and cons among the public about the statement because it is not following the Government’s law. The regulation of Law No. 1 of 1974 on Marriage Article 42 paragraph 1 states, ”Legitimate children are children born in or as a result of a valid marriage.” While what happens in sirri marriage is unrepresented, the child does not get the right. Thus, a new policy for serial marriage couples to get a family card with the provider must meet certain conditions.
 Keywords: Siri Marriage; Marriage; Family Card