Year: 2025 | Month: April | Volume: 12 | Issue: 4 | Pages: 215-223
DOI: https://doi.org/10.52403/ijrr.20250426
Legal Protection for Children in Unregistered Marriages (Nikah Siri) in Indonesia
Sri Windani1, Indri Meiliawati2, Rizky Ayu3
1,2,3Law Studies Program, Universitas Putra Langkat, Indonesia
Corresponding Author: Sri Windani
ABSTRACT
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.
[PDF Full Text]