Legal Protection of Women and Children in the Practice of Nikah Sirri (Unregistered Marriage)

Marriage registration is an official process that involves registering and documenting a couple's marriage at authorized institutions, such as the Office of Religious Affairs (KUA) and the Population and Civil Registry Service. This process legally and administratively records marriage events, producing an official document stating the couple's marital status. This research uses normative research with a focus on studying legal norms relating to marriage registration. The analysis used is a qualitative descriptive approach using legislation (statute approach) to analyze the issues that arise in connection with the Statement of Absolute Responsibility and its impact on marriage registration and the legality of marriages after the SPTJM policy. The research results show that the Statement of Absolute Responsibility policy has a positive impact, such as providing facilities for producing children's birth certificates and other documents. However, this policy can also present complexities related to the status of "Unregistered Marriage," which raises legal issues, protecting the rights of wives and children, as well as law enforcement against the practice of polygamy and polyandry. Even though the information of couples who are mar ried in an unregistered marriage is recorded in the Family Card document of the Population and Civil Registry Office, recognition is still required before the law so that this couple has adequate legal standing in court to ensure the validity of their marriage. Keywords: Impact, SPTJM Policy, Marriage Registration

This study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs.

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

The inheritance rights of children from unregistered marriages is an important aspect of the Compilation of Islamic Law. Although legal marriages should be registered, there are many cases where unregistered marriages can have legal consequences, especially regarding the inheritance rights of children. This research aims to explore the understanding of the inheritance rights of children from unregistered marriages in accordance with the provisions in the Compilation of Islamic Law. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation which in this case includes kuhperdata, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results showed that, the inheritance status of children from irri marriage according to the Marriage Law can only be obtained from the mother and her mother's family, but after the decision of the Constitutional Court, extra-marital children can get inheritance rights from their father if it can be proven legally and clearly that he has a blood relationship with his biological father. Meanwhile, the inheritance rights of irri marriage according to the Compilation of Islamic Law remain in accordance with their position which states that they only have a nasab relationship and inheritance relationship with their mother and their mother's family but not with their father. Parents can apply for itsbat, the determination of isbat nikah is the emergence of inheritance that gets legal protection because of the kinship or nasab relationship between the person who inherits and the person who inherits caused by birth. So children born in marriage are entitled to inheritance from their parents. If there is a rejection of itsbat nikah, the status of the child from the siri marriage does not have legal force. So children from irri marriages are not entitled to receive inheritance from their father.

This study aims to determine legal protection for children born of unregistered marriages in Nisam Antara District, to determine the juridical impact on children born of unregistered marriages, and to find out what efforts can be made so that these children receive legal protection. 
 Based on the results of this study, namely to obtain legal protection for children born from unregistered marriages, one of them is by registering marriages (Isbat nikah) which is carried out at the Office of Religious Affairs (KUA) and at the local Sharia Court. So that the legal protection that can be given by parents to these children can be done through making birth certificates, being registered on the family card (KK), and getting equality before the law.

<p>The low level of legal awareness regarding the importance of marriage registration remains a serious issue in Samudera Sub-district, where many couples engage in <em>nikah sirri</em> (unregistered marriages) without official documentation at the Office of Religious Affairs (KUA). This practice poses significant negative impacts, especially on the legal protection of women and children, including difficulties in obtaining marriage and birth certificates, and vulnerability in securing their legal and social rights. This study aims to analyze the practice of <em>nikah sirri</em> in Samudera Sub-district, North Aceh Regency, focusing on its causes, impacts, and efforts to minimize its occurrence. Using a descriptive qualitative approach, the research draws on primary data collected through interviews with stakeholders such as officials from the Ministry of Religious Affairs in North Aceh, the KUA in Samudera Sub-district, and individuals involved in <em>nikah sirri</em>. The findings reveal that such marriages are primarily driven by administrative barriers—such as the absence of divorce certificates from previous marriages—as well as a lack of understanding of the legal importance of marriage registration, and various economic and social factors. The consequences include the lack of legal protection for women and children, difficulties in accessing official documents, and legal uncertainty in family status. To address this issue, the study recommends increasing legal education, simplifying the process of marriage registration, and strengthening oversight and regulations. These steps are essential to reduce the prevalence of <em>nikah sirri</em> and ensure the legal rights of all parties involved are protected.</p>

Unregistered (siri) marriages pose significant legal issues, particularly regarding the protection of children's rights born from such unions. This study aims to analyze the legal protection of children from siri marriages through the lens of Islamic Family Law and the Indonesian Child Protection Act. This qualitative research employs normative and empirical approaches, utilizing literature reviews and field observations at the Civil Registry Office in Jember. The findings reveal that children from siri marriages encounter challenges in obtaining legal identity, financial support, inheritance rights, and legal protection, despite the Constitutional Court Decision No. 46/PUU-VIII/2010 recognizing their civil relationship with their father. However, the implementation of this ruling remains hindered by administrative barriers and social stigma. Therefore, comprehensive efforts are needed, including legal reform, public education, and strengthening child protection institutions, to ensure the equitable fulfillment of children's rights in unregistered marriages.

In Kota Bagansiapiapi, it is common to find the Chinese community performing marriages based on their beliefs without registering them with the Civil Registry office. Divorce due to the death of the husband/father in such cases results in the marriage and child remaining unregistered. The unregistered child faces difficulties in inheriting paternal rights due to the lack of legal ties. This study aims to explore the mechanism of acknowledging children born from unregistered marriages within the Chinese community, the legal position of inheritance rights for children born from unregistered marriages, and the legal protection of a child's inheritance rights. The empirical research was conducted at the Vihara, the Civil Registration and Population Office, and Notaries in Kota Bagansiapiapi. The findings reveal the mechanism for acknowledging children and the implications of unregistered marriages on a child's inheritance rights. Legal protection for a child's inheritance rights remains fragmented and lacks harmonization with administrative regulations on population and marriage.

Problems in the household are always related to children. Children are the most significant mandate from Allah SWT. They must be cared for and protected even if they get into legal problems. Marriage registration is a form of legal certainty for children’s rights. Often children do not get the fulfillment of their rights due to the actions of their parents. The rise of unregistered marriages is one of the reasons why the legal certainty of children’s rights is questioned. The legal consequences of unregistered marriages create new problems for children, incredibly fulfilling their rights. Therefore, it is necessary to optimize the registration of this marriage for the future of the family, especially the children. Of course, optimizing marriage registration is inseparable from the participation of related parties. It requires synergy between the government, the Office of Religious Affairs (KUA), the Population and Civil Registration Service (DISDUKCAPIL), and the community. Marriage registration is essential, especially from the legal aspect, both in positive and Islamic law. Because basically, Islamic law does not oblige every marriage contract, but marriage registration is essential from the point of view of its benefits. This research belongs to empirical juridical research, using primary, secondary, and tertiary data collection techniques. This study uses a case approach and data analysis techniques used descriptively. The results of the discussion in this study found that marriage registration is beneficial for couples in terms of Islamic law and positive law; not just administration but providing legal certainty to wives, especially children born in terms of child status, education, and inheritance rights. Gorontalo Province marriage registration by the KUA and Disdukcapil has been running optimally even though the data found in unregistered marriages are pretty high, and this is because people do not understand the importance of marriage registration.
 Keywords: optimization, marriage registration, legal certainty, Maqasid Shariah

A marriage is considered valid if it complies with religious law and is registered with the state (Law No. 1/1974). However, many unregistered marriages (nikah siri) are religiously valid but not legally recognized, resulting in children losing legal rights such as birth certificates and inheritance. This study analyzes the legal status of children born from nikah siri, their legal protection, implementation challenges, and effective legal solutions. This research employs a normative legal method with a statutory and conceptual approach. Data is collected through a literature review of primary, secondary, and tertiary legal sources. A descriptive-analytical approach is used to understand the legal protection of children from unregistered marriages and to formulate regulatory improvements to safeguard children's rights in accordance with Indonesian law. Children born from unregistered marriages (nikah siri) face legal uncertainty, particularly regarding inheritance and financial support. Constitutional Court Decision No. 46/PUU-VIII/2010 allows children to have a civil relationship with their biological father if proven legally. Legal protection includes birth certificates, recognition of lineage, financial support rights, and legal advocacy. Social, economic, and bureaucratic challenges can be addressed through education, administrative reforms, and improved legal access. Children from unregistered marriages face legal uncertainty. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes their civil relationship with their biological father. Legal protection includes birth certificates, civil rights, isbat nikah (marriage validation), and legal advocacy. Administrative, social, and legal barriers must be addressed through regulatory reforms and increased public awareness to ensure the best interests of the child. Keywords: Legal Protection, Children, Unregistered Marriage, Secret Marriage.

Marriage is a sacred bond between a man and a woman whose aim is to form a sakinah, mawaddah and warahmah family. However, in reality, quite a few marriages experience problems, one of which is unregistered marriages or what can also be called unregistered marriages. Siri marriage is a marriage that is carried out with several provisions that have been outlined and determined by religion or must fulfill customary requirements by fulfilling predetermined requirements, but it is not recorded at the Religious Affairs Office (KUA). This research aims to analyze unregistered marriages and determine the consequences, legal and social impacts on women and children. The method used is normative research with literature study. The research results show that marriage in Islam has conditions, harmony, goals and legal consequences that must be fulfilled by the parties. Siri marriages are carried out without a legal guardian, and this research also discusses the views of ulama regarding the law of sirri marriages, state laws regarding these marriages, as well as the negative impacts that can arise as a result of sirri marriages. An unregistered marriage entered into by someone can cause many problems in the future, especially related to administration, maintenance rights for children and wife, as well as inheritance rights and guardian rights fo children born from the marriage. Keywords: Siri Marriage, Islamic Law, Laws, and Marriage Registration

In 2022 there are 20 marriages in Batu Gajah Village, 11 or 55 percent of marriages are not registered and 45 percent of marriages are registered. According to the applicable laws and regulations, a marriage is valid if it is registered. Marriages for people who are Muslim are registered at the Office of Religious Affairs and for non-Muslims at the Civil Registry Office. This study aims to analyze the factors that cause marriages not to be recorded in Nagari Batu Gajah. This study uses an empirical juridical approach, which is a research approach to secondary data first and then continues to conduct primary data research in the field. Primary data was obtained through interviews with a Ninik Mamak as a community figure and 10 undocumented marriages. Then the empirical data were analyzed descriptively and qualitatively. Based on the results of the study, the factors causing marriages not to be registered in Nagari Batu Gajah were age, cost, pregnancy out of wedlock, access to the KUA office that was far away, polygamy, understanding of the rules, elopement, pregnancy out of wedlock and did not get permission from the Ninik Mamak. Then the way to deal with unregistered marriages is to socialize to the community by the Office of Religious Affairs regarding the marriage law and improve road access to the Office of Religious Affairs and the community must comply with local customary norms.Keywords: Marriage, Unregistered Marriage, Religious Affairs Office

The goal to be achieved in this research is to find out the legal consequences of the position of children in unregistered marriages according to Islamic Law and the Marriage Law. To understand the concept of unregistered marriage according to Islamic Law and the Marriage Law. In this study the authors used the normative juridical writing method, namely legal research conducted using statutory regulations.According to Islamic law, an unregistered marriage is considered valid because a marriage that meets the pillars and conditions of marriage will be considered valid. Siri marriages are considered invalid according to the Marriage Law, because they refer to the provisions of Article 2 paragraph (2) of the Marriage Law regarding registration of marriages. From the provisions of this article, it can be seen that the Marriage Law focuses on the validity of marriage on two elements, namely; Marriage must be carried out in accordance with the conditions and procedures determined by law (state law) and religious law. This means that unregistered marriages that are carried out only by complying with religious law are not valid from the point of view of state law.For the legal status of children from unregistered marriages, according to Islamic law, they are considered legitimate children according to religion, because the child was born in or as a result of a legal marriage. According to the Marriage Law, the status of the child is the same as a child out of wedlock and cannot be said to be a child in a legal marriage, therefore the child does not have a birth certificate. As a result, legally the child has no right to claim support, inheritance or guardianship rights from his father. However, children from unregistered marriages can obtain their rights in accordance with Constitutional Court decision Number 46/PUU-VIII/2010 as long as they can prove it.

Siri marriage, known in various terms such as under hand marriage and undocumented marriage, is a marriage based on religious rules or customs and is not recorded in the Office of Religious Affairs for Muslims or the Office of Civil Registry for non-Muslims. Factors influencing the occurrence of siri marriage are; economy, social, culture, education, and religious beliefs in the legality of siri marriage. The legal consequences of not doing registration of marriages would harm spouses or those who are married even though the marriage is performed in accordance with religion and beliefs because it is considered invalid if it has not been recorded by the Office of Religious Affairs or the Office of Civil Registry. Furthermore, children who are born in an undocumented marriage are considered illegitimate and also only have a civil relationship with mother or mother’s family (Article 42 and 43 of the Act on Marriage).

Sirri marriages, which are often not registered under Indonesian positive law, create legal complexities that have the potential to harm the rights of the individuals involved, especially children. Even though in Islamic teachings, this kind of marriage is considered legal, Indonesia's positive legal perspective views it differently. This gives rise to a number of problems that threaten children's welfare, such as the lack of legal certainty regarding marital status, maintenance rights and inheritance rights. At the national legal level, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and regulations related to children's rights, such as Law No. 39 of 1999 concerning Human Rights, emphasize the importance of the protection and welfare of children. This research aims to identify and analyze the legal implications of unregistered marriages on the rights of the individuals involved, especially the rights of children. The focus of the research will be on legal certainty regarding marital status, maintenance rights and inheritance rights for children born from unregistered marriages. This research takes a normative juridical approach to examine positive criminal law regulations related to the criminalization of unregistered marriages, with a focus on the protection of wives and children. Using a legislative approach and a comparative approach, this research compares the legal rules of other countries to fill in legal ambiguities. Primary legal materials based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, and other related laws. Data collection methods include literature studies, documents and limited interviews to gain a deeper understanding. Data analysis was carried out using qualitative methods to produce a comprehensive understanding of the phenomenon studied. This research aims to contribute ideas and solutions that can be used in the context of positive criminal law regarding unregistered marriages to prevent harm to the family. The absence of marriage registration can also result in children born from the marriage experiencing difficulties in obtaining their legal rights. For example, the right to inheritance or the right to receive social assistance provided by the government. Without official proof in the form of a marriage record, these children may have difficulty proving their familial relationship with their parents. This can lead to injustice and difficulties in obtaining the rights they should get as Indonesian citizens. Thus, marriages that are not registered at the religious affairs office can have serious consequences for legal certainty, protection of individual rights, and family welfare as a whole. overall. Therefore, it is important for every married couple to ensure that their marriage is officially registered at the authorized office in accordance with the legal provisions in force in Indonesia.