PERLINDUNGAN HUKUM TERHADAP ANAK HASIL PERKAWINAN SIRI (STUDI KEBIJAKAN DISDUKCAPIL KOTA YOGYAKARTA DALAM PENCATATAN STATUS ANAK DALAM AKTA KELAHIRAN)

Didik Zakaria, NIM.: 20103040150 (2026) PERLINDUNGAN HUKUM TERHADAP ANAK HASIL PERKAWINAN SIRI (STUDI KEBIJAKAN DISDUKCAPIL KOTA YOGYAKARTA DALAM PENCATATAN STATUS ANAK DALAM AKTA KELAHIRAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Children born from unregistered marriages (siri marriage) continue to face limitations in their civil and administrative rights, which have implications for their legal status and the fulfillment of their civil rights. In the civil law aspect, such limitations include the right to maintenance, guardianship, and lineage, whereby the child does not automatically have a civil legal relationship with the father’s family and, by law, is only legally connected to the mother. In the administrative aspect, a significant restriction is reflected in the inability to include the father’s name on the birth certificate without prior legal determination through a marriage validation process (isbat nikah) or a judicial determination of parentage. This condition indicates challenges in the fulfillment of children’s rights that may lead to inequality if not accompanied by an active role of the state in providing adequate legal protection. This research is an empirical legal study employing a juridical-empirical approach and a descriptive-analytical method. Primary data were obtained through interviews and field observations of relevant parties, while secondary data were derived from statutory regulations, legal literature, and other relevant legal materials. The data were analyzed qualitatively by examining the correlation between normative legal provisions and their implementation in practice. This research aims to analyze the forms of civil and administrative limitations imposed on children born from unregistered marriages and to examine the state’s efforts in providing legal protection to ensure the fulfillment of children’s rights without discrimination. The findings indicate that legal protection for children born from unregistered marriages consists of preventive and repressive measures. Preventive protection is realized through the fulfillment of the child’s right to identity by issuing a birth certificate as an implementation of Article 28 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. Repressive protection is carried out through a judicial determination of the child’s parentage before the Religious Court, which grants recognition of the civil legal relationship and serves as the basis for the issuance of the birth certificate. The differentiation in the types of birth certificates represents an administrative policy aimed at increasing birth registration coverage and ensuring the fulfillment of civil rights and equality for every child based on the principle of the best interests of the child.

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