
DAMPAK NIKAH SIRI TERHADAP ISTERI DAN ANAK
Author(s) -
Farida Prihatini
Publication year - 2009
Publication title -
jurnal hukum and pembangunan/hukum dan pembangunan
Language(s) - English
Resource type - Journals
eISSN - 2503-1465
pISSN - 0125-9687
DOI - 10.21143/jhp.vol0.no0.189
Subject(s) - wife , dowry , law , marriage law , harmony (color) , political science , sociology , art , visual arts
AbstrakThis article gives enlightenment conecerning nikah siri (unregisteredmarriage), in Indonesia. The purpose of this nikah siri is a marriageconducted in accordance with the provisions of religious harmony and fulfillthe requirements of marriage as prospective bridegroom and women,guardians, consent granted, witnesses and consent of both prospective brideand the dowry, but not executed before the Marriage registration office. Sirimarriage is usually performed before the local (moslem) clergy. Nikah sirireasons this done many things, among others, to avoid fornication, stillbound by employment contracts that prohibit she was married to a specifiedperiod or to be polygamous because they do not obtain consent from his wifeor his wives, and can also be due to lack offees to pay marriage registrationfees. This siri marriage because marriage is not done then the recording hasno legal force, because no country legally valid marriage even be consideredthis never happened. The impact of this siri marriage are felt on the wife andchildren. Both the wife and children have no legal relationship with herhusband/father. So the wife does not have rights that should be owned by thewife of a valid marriage. So also with the child, the child status is not lawfulbecause the child is born not from a legitimate marriage, and children havehad only a civil relationship with his mother, as a result he/she can notobtain the rights that they should get if he/she was born of a valid marriageaccording to both valid under islamic and country law. Based on thosereasons the author conclude that siri marriage is very harmful and does notprovide legal protection to the wife and children.