ABSTRACT

The Position of Children and Shared Assets Because Marriage is Underhanded

According to Law Number 1 of 1974 concerning Marriage and the Compilation of
Islamic Law. By: Vivin Andriani. Supervised by: Siti Ramlah Usman as supervisor I
and Yossie MY Jacob as supervisor II.
Underhanded marriages are marriages that are legally carried out with the terms and
pillars of marriage in Islam but are not registered with the Marriage Registrar (PPN) in
accordance with Article 2 of Law Number 1 of 1974 so that the marriage has no legal
force. As for the formulation of the problem: (1) what is the position of children and joint
property in private marriages according to Law Number 1 of 1974 concerning Marriage
and the Compilation of Islamic Law? And (2) what are the legal consequences of
underhanded marriages on the position of children and joint property according to Law
Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law?. The
purposes of this study are: (1) To determine the position of children and joint property due
to the marriage under the hands. (2) To find out the legal consequences on the position of
the child and joint property due to the marriage under the hands. The benefits of this
research are: (1) As a material to provide information to the public about the importance of
the position of children and joint property due to underhanded marriages. (2) As a material
to help provide information to the government, especially the Office of Religious Affairs
(KUA) to provide socialization to the public regarding the status of children and joint assets
due to underhanded marriages. The research method used is the type of normative research.
The results of this study indicate (1) the position of the child due to an underhand
marriage is the same as the position of a child out of wedlock and only has a civil
relationship with his mother and his mother's family, the position of joint property due to
an underhand marriage never existed because the marriage was considered never to have
existed or never happened so it is difficult to determine the joint property in the marriage
under the hand. (2) As for the consequences arising from underhanded marriages on the
position of the child and the Joint Assets, namely the child will experience difficulty in
obtaining legal certainty because the marriage of both parents is not recorded in the
Marriage Registry so that it is difficult for the child to obtain a birth certificate to prove his
origin in the marriage registry. before the law and children will find it difficult to get their
rights like inheritance rights from their fathers.
The conclusion of the author: children born due to underhanded marriages have the
same position as children out of wedlock, resulting in the child only having an inherited
relationship with his biological mother. Author's suggestion: The government must be able
to provide legal protection to women who carry out underhand marriages and children
resulting from these marriages.
Keywords: Underhand Marriage, Child Position, Joint Assets.