Penolakan Permohonan Asal-Usul Anak dari Pasangan Nikah Siri

Abstract

Clarity of legal status due to marriage between husband and wife is essential in life as an Indonesian citizen. Marital status must be authentically proven and legally formal. In addition, marriage in Indonesia adheres to the principle of monogamy. This means that a man can only have one wife and a woman can only have one husband. On the other hand, clarity of status through authentic proof of marriage will become a legal basis for clarity on the status of children and of the husband and wife. Based on the theory above, this study aims to (a) examine the decision given by the Judge at the Blitar Religious Court in case Number: 0039/Pdt.P/2022/PA.BL dated January 12, 2022, regarding the Rejection of the Application for the Origin of a Child resulting from a Siri Marriage Polygamy /Polygamy under the hand as well as, (b) examine the implications of the decision on the position of the child after the decision. Through normative legal research, research has resulted that court decisions in rejecting applications for the origin of children resulting from polygamy in unregistered marriages are in accordance with positive law in Indonesia. As for the implications for the position of children from unregistered marriages, there is legal protection regarding the certainty of child status based on Constitutional Court Decision No. 46/PUU-VIII/2010.