Status Hukum dan Hak Waris Anak yang Lahir dari Perkawinan Sirri (Studi di kecamatan Medan Deli)

Abstract

Unregistered Marriage (Nikah Sirri) Is A Marriage Conducted In Secrecy And Not Recorded At The Office Of Religious Affairs (Kantor Urusan Agama - Kua). According To Classical Islamic Jurisprudence (Figh), Nikah Sirri Is Considered Valid If It Fulfills The Essential Requirements And Pillars Of Marriage. However, Indonesian Marriage Law Mandates That A Marriage Is Legally Valid In An Administrative Sense Only If It Is Officially Registered. In Medan Deli District, There Were 5/ Nikah Sirri Cases Recorded In 2023 And 60 Cases In 2024. This Study Explores Several Key Legal Issues Related To Nikah Sirri In Medan Deli District: What Are The Factors Causing Nikah Sirri? What Are The Legal Mechanisms For Legitimizing The Status Of Children Born From Nikah Sirri? How Is Legal Protection Provided For Their Inheritance Rights?. This Research Adopts A Descriptive-Analytical Approach And Is Empirical In Nature, Conducted In Medan Deli District. Respondents Include Individuals Involved In Nikah Sirri, While Informants Consist Of Kua Officials, Religious Leaders, Marriage Registrars (Penghulu And Kadi Nikah), Community Leaders, And Legal Professionals (Advocates/Legal Consultants). The Study Identifies Several Factors Contributing To Nikah Sirri In Medan Deli District, Including Lack Of Legal Awareness About Marriage Registration, Divorces Outside The Religious Court, Pregnancy Outside Of Marriage, Age-Related Factors. Economic Constraints, Personal Desires, And The Complexity Of Obtaining Marriage Dispensations. Legalizing Nikah Sirri Can Be Achieved Through Two Main Approaches: Isbat Nikah (Judicial Marriage Confirmation) Or Remarriage Under Legal Procedures To Legitimize The Status Of Children Born From Nikah Sirri, Several Methods Can Be Applied, Including: (1) Scientific And Technological Evidence, As Stipulated In Constitutional Court Decision No. 46/Puu-Vii/2010. (2) Isbat Nikah For The Parents' Marriage, And (3) Court Rulings On The Child's Legal Lineage. Regarding Legal Protection Of Inheritance Rights For Children Born From Nikah Sirri, The Supreme Court Issued Circular Letter No. 3 Of 2023, Stating That "To Safeguard The Best Interests Of The Child. A Biological Child From A Marriage Conducted According To Islamic Religious Rites But Not Officially Recorded May Be Designated As A Recipient Of Wasiat Wajibah (Compulsory Bequest) From The Deceased Parent." This Study Suggests Several Measures To Reduce The Prevalence Of Nikah Sirri In Medan Deli District. The Kua Should Conduct More Widespread Public Education On The Importance Of Marriage Registration. The Religious Court Should Provide Accessible Educational Materials, Both Through Direct Community Outreach And Social Media Campaigns, To Promote Isbat Nikah Procedures For Unregistered Marriages. Lastly, Individuals Engaging In Nikah Sirri Should Be Encouraged To Recognize The Significance Of Legal Marriage Registration For The Protection Of Their Rights And Their Children's Future.