KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DI BAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

The problem in this study is the position of children born from marriage
under the hands and how the rights of children to inheritance from
marriage under the hands based on Law Number 1 of 1974 concerning
Marriage. Underhand marriage is still happening in Indonesian society.
Submarine marriage is a marriage that does not register the marriage to
the authorized institution, namely the Office of Religious Affairs for
Muslims and the Civil Registry for non-Muslims. In Article 2 paragraph
(2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if it
is carried out according to the laws of each religion and its beliefs.
However, the validity of marriage in the eyes of religion and public trust
needs to be ratified by the state in order to have legal force.
The consequences of marriage under the hands are very bad for
the wife and for children born both legally, socially and psychologically.
Other problems that can be caused from marriage under the hands are the
rights and obligations of husband and wife who are not guaranteed in full
from the State. The provisions in Article 42 paragraph (1) of Law Number
1 Year 1974 concerning Marriage state that a legitimate child is a child
born from or as a result of a legal marriage. So it can be concluded that
children born from underage marriages are illegitimate children or out of
wedlock children. From the results of the research discussion it is known
that Based on the Decision of the Constitutional Court Number 46 / PUUVIII
/ 2010 Testing of Law Number 1 of 1974 concerning Marriage to the
State Constitution of the Republic of Indonesia Year 194. It is said that
children born outside marriage have a civil relationship with his mother
and his mother's family and with his man as his father that can be proven
based on science and technology and / or other evidence so according to
the law he has a blood relationship, including a civil relationship with his
father's family