Anggraini, Maya and Setiawan, Wahyu and Saputra, Dio Aji (2026) Perspektif Yudisisal Tentang Hak Waris Anak dari Pernikahan Siri di Pengadilan Agama. Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam, 11 (1). ISSN 2527-4422 (Submitted)

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Abstract

The phenomenon of children from unregistered marriages (unregistered by the state) remains acomplex
issue in the Indonesian family law system, particularly regarding the fulfillment of inheritance rights. Children from unregistered marriages often face legal obstacles due to the non-recognition of their parents' marital status by the state. This study aims to analyze the legal basis and considerations of judges in deciding inheritance rights cases for children from unregistered marriages based on Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), and Constitutional Court Decision Number 46/PUU-VIII/2010, as well as reviewing judges' views on the urgency of legal protection regulations for these children. This study uses a field research method with a juridical-normative and descriptive-analytical approach, through direct interviews with judges at the Tanjungkarang Class 1A Religious Court and analysis of legal documents and relevant literature. The results show that judges strive to balance legal certainty and substantive justice based on the principles of maqashid sharia, especially hifz al-nasl (protection ofoffspring) and hifz al-‘ird (maintaining family honor). However, to date, there are no specific regulations providing comprehensive protection for children born of unregistered marriages. Therefore, the judge recommended that the practice of unregistered marriages be completely abolished and legal policy reforms implemented to strengthen marriage registration mechanisms.

Keywords : inheritance rights, sirri children, judge's considerations, child protection.

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