PERLINDUNGAN HUKUM ANAK PADA PERKAWINAN TIDAK DICATAT (original) (raw)

LAW REFORM OF MARRIAGE REGISTRATION FOR MUSLIM SOCIETY IN FAVOUR OF LEGAL PROTECTION FOR CHILDREN OF UNREGISTERED MARRIAGE (Case Study in Lampung Province) Abstract Amnawaty In reality, there was unregistered marriage legal system existed in society. Some people held onto Islamic Law as their belief, whereas state official such as leaders and religion judges held onto State Law, therefore creating legal gap. Problems (1) How was the snapshot of muslim marriage registration legal system in regard to protection for children from unregistered marriage?, (2) Why did people conduct unregistered marriage?, (3) How was the reconstruction of muslim marriage legal system in regard to legal protection for children? The method of research is qualitative, constructivism paradigm. The approach of research used was socio-legal research, and the data interpretation used were hermeneutic and in-depth interview. The data collection performed by snowball principle. The snapshot of marriage legal system: (1) UU Perkawinan Article 2 verse (1) was a legal event and Article 2 verse (2) was an important event. Therefore, a marriage that had fulfilled the Pillars and Requirements and was not prohibited by syar’i was a valid marriage and the registration was the matter of administration order, (2) Undang-Undang Perkawinan had put children from unregistered marriage under protection through MK verdict No. 46/PU-VIII/2010. The verdict could not be implemented yet by Pengadilan Agama Jakarta Selatan. The MK verdict was still in need of other implementing regulations so as not to induce the void of law. The causes of unregistered marriage were (1) regulations factor, (2) society’s legal culture, and (3) economic factor. Reformation of registration legal system in order to protect children in substance (1) Article 2 verse (1) of UUP as a legal event was proposed to be separated from Article 2 verse (2) UUP as an important event, so as to discourage the annulment of marriage that had fulfilled the Pillars and Requirements for Islamic marriage, (2) Article 4 verse (1) and Article 4 verse (2) UUP on polygamy of muslim society that was not Islamic justice, and Article 4 verse (1) PP No. 9 Tahun 1975 that was not Islamic justice, (3) Article 6 verse (1) had given exceeding role to headmen of KUA, (4) The exceeding role in Article 6 verse (2) KHI, (5) Article 7 verse (1) KHI that only acknowledged marriage deed as the evidence of marriage, had disclaimed the Pillars and Requirements of Islamic marriage, and in contradiction to procedural law at religious court. Reformation of religious judges’ legal culture to act equally based on Islamic justice. Reformation of society’s legal culture performed by government, families, scientists, and public figures by imposing the sense of legal awareness on the importance of marriage registration. Reformation of legal structure, namely the reform of authority of religious court and KUA institutions. By reforming this legal system, it was expected that legal protection for children declared in Children Rights Convention, UU Perlindungan Anak and UU HAM could be enforced. The reformation model plan was proposed based on the principle of national law purpose on the basis of society’s legal culture, by prioritizing the values of Pancasila. Keywords : unregistered marriage, legal protection for children, justice and Islamic justice