REFORMASI SISTEM HUKUM PENCATATAN PERKAWINAN WARGA MUSLIM DAN PERLINDUNGAN HUKUM ANAK DARI NIKAH SIRRI

Abstract

Portrait of the legal system for marriage registration and child protection. Whereas all regulations in the form of laws, such as the Marriage Law, Government Regulations, Civil Registration Laws, Regional Government Laws, Child Protection Laws, Compilation of Islamic Law and Decrees of the Minister of Religion in formulating legal marriages still refer to Article 2 paragraph (1) and paragraph (2) of the Marriage law. This means that children in marriage are not recorded not protected by the state. Post-Decision of the Constitutional Court No. 46 / PU-VIII / 2010 has protected the rights of children born of marriage not recorded, but the decision has not been followed by other regulations, so that the decision cannot be implemented. Islamic law fully protects the rights of these children, but does not become a positive law. As a result, there are impacts such as legal smuggling, legal neglect. It is necessary to reform the Muslim marriage registration legal system so that children born from Sirri marriages can be protected. The method offered is to build public legal awareness about the importance of marriage registration.