PROBLEMS OF SIRRI MARRIAGE IN INDONESIA (The Status of Sirri Marriage According to Indonesian Positive Law)

(Kedudukan Nikah Sirri Menurut Hukum Positif Indonesia)

Abstract

In the Marriage Law No. 1 of 1974 it is stated that marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Almighty God. The principle of marriage in Indonesian positive law, a marriage is valid, if it is carried out according to the laws of each religion and its beliefs. In the Civil Code (KUHPer) in article 100 it is stated that: "The existence of a marriage cannot be proven in any other way, except by means of a marriage certificate, which has been recorded in the civil registry registers, except for the regular matters in the following articles", this means that a new marriage will be considered valid if there is a marriage certificate. In a sirri marriage, the marriage certificate is certainly not there because it is not registered, so according to the Civil Code this kind of marriage is invalid and not legal. The legal consequences of unregistered marriage according to positive law are that the wife is not entitled to joint property and inheritance if her husband dies, nor are children entitled to hadhanah rights from their father and inheritance.