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| A Lecturer from Faculty of Law of The University of Muhammadiyah Malang (UMM), Nur Putri Hidayah, A.Md., SH., MH. (Photo : Special) |
Nikah siri is a concept embedded in the general public and is often interpreted as a marriage legal only in religion. However, regarding state law, siri marriages need to be more administratively recorded, which often leads to various problems in the future.
This was conveyed by a lecturer at the Faculty of Law, University of Muhammadiyah Malang (UMM), Nur Putri Hidayah, A.Md., SH, MH. According to her, siri marriage can have various disadvantages for the closest family around them.
"The problem is, siri marriage causes many disadvantages from a legal perspective. Both for the married couple, and for their offspring if they have children," he explains.
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Putri, as she is familiarly called, explained that the principal regulations on marriage are regulated in Law Number 1 of 1974 and updated in Law Number 16 of 2019. The changes hold the age limit for marriage, which is currently at least 19 years between the bride and groom.
Article 2, paragraph 1 explains that the validity of marriage is returned to each belief. When it comes to marriage, it will enter the dimensional area. However, in paragraph 2, it is explained that the state must register marriage.
"In a marriage, there will definitely be rights and obligations of husband and wife which are also regulated in the law. So, the state cannot guarantee if the marriage is not registered," she said.
A siri marriage means the couple cannot prove they are married according to the law. This can be disadvantageous to the wife. For example, when there is a conflict over the inheritance when the husband dies or when the wife demands the husband to provide for her.
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Apart from the wife, other detrimental effects can also drag children if the marriage gives birth to offspring. According to the law, if there is a child from a siri marriage, the child's status is outside of marriage. As a result, the child's civil level is only to the mother, and there is no father on the birth certificate.
Then what if you are already married, siri? Putri explained that the couple can apply to the nearest religious court, and the process is quite simple. After that, the marriage can be recorded, and a valid marriage certificate can be obtained.
"Record your marriage. It must not only be religiously valid but also legally and administratively recorded. Being officially registered means that your rights will be protected by the state. Not only for husband and wife, but also for the closest family such as children who are born," she concluded. (put/*lib/wil)
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