HAK KONSTITUSIONAL PENDUDUK DALAM PERNIKAHAN YANG TIDAK TERCATAT MENURUT HUKUM DI INDONESIA

Abstract

The development of legal norms in Indonesia related to the existence of space for citizens in managing population rights, especially related to unregistered marriages, which so far has been based on legal norms in the Marriage Law and the KHI does not have room for its existence to be recognized. However, with the issuance of Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population Registration and Civil Registration and its derivatives in the form of Permendagri, it is possible for unregistered marriages to obtain birth certificates and family cards as basic rights in population administration. The approach in writing this is a normative juridical approach which is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to registration of population and unregistered marriages. This research reveals that unregistered marriages have no legal force even though they can be recorded on a family card or birth certificate. The existence of Perpres and Permendagri which regulates the registration of population for marriage actors is not recorded only to protect administratively but does not give legal force because this registered marriage can only become legal by way of itsbat marriage.