Legal Literacy - This article discusses unregistered marriage (nikah siri) in Indonesia and its consequences for wives and children. Let's understand through the explanation in the article below!

Unregistered Marriage (Nikah Siri) in Indonesian Law

Although unregistered marriage is considered valid in Islam, Indonesian law, especially civil law, does not recognize the validity of unregistered marriage. In addition, there are no laws that specifically regulate the law of unregistered marriage. Furthermore, the Marriage Law specifically regulates marriage law.

Article 2 paragraph 1 of the Marriage Law states that a marriage is valid if it is carried out according to the laws of their respective religions and beliefs. Article 2 paragraph 2 of the Marriage Law states that every marriage must be registered according to the prevailing laws and regulations.

Then, in part 4 (b) of the General Explanation of the Marriage Law, it is explained that the registration of each marriage is related to important events in a person's life, such as birth, death, which are recorded in deeds and official deeds and announced in the registration list.

Impact of Unregistered Marriage

In unregistered marriage, there is no marriage certificate. This indicates that the marriage is not registered and has no legal force. Thus, the wife does not have legal status in this country. Later, she cannot pursue inheritance or joint property in the event of a divorce. Therefore, the wife cannot file any claims.

Children from unregistered marriages cannot be considered "legitimate" in the eyes of the law. Children from sexual relations have the same status as children born from sexual relations. Article 42 of the Marriage Law defines a child as a child born in or as a result of a legitimate marriage.

In addition, Article 43 paragraph (1) of the Marriage Law. Article 100 of the Compilation of Islamic Law (KHI) states that children born out of wedlock only have a lineage relationship with their mother and their mother's family, unless science, technology, and/or other legal evidence can prove a blood relationship as their father.

It is important to note that children from a divorce can still be found in court. However, only the mother's name is listed on the death certificate. A court order is required for a father to recognize a child from a divorce.

As long as a court order regarding the recognition of a child has not been issued, the relationship between the father and the child from the unregistered marriage is not recognized. Therefore, the child does not have the right to inherit from his father. If recognized under Islamic law, children from unregistered marriages are only entitled to a mandatory will (wasiat wajibah). Meanwhile, according to Article 863 of the Civil Code, if a person dies leaving a child who is legally recognized or a husband or wife, then the children inherit one-third and the portion they should have received if they were legally recognized children.