Catherina, Catherina
(2011)
Kedudukan dan hak waris anak dari perkawinan yang tidak dicatatkan dan yang kemudian dicatatkan di Indonesia = Status and inheritance rights of children of the marriage which is not registered and being registered later on in Indonesia.
Bachelor thesis, Universitas Pelita Harapan.
Abstract
Marriage is a legal action, which is certainly from a legal action will brings legal consequenses. Terms of validity of a marriage is regulated in Article 2 Law Number 1 of 1974 concerning Marriage. Article 2 verse (1) of the Marriage Act states that a marriage is legal if it is conducted according to the law of each religion and belief. Then, Article 2 verse (2) of the Marriage Act obliges people to conduct a registration on every marriage that has been conducted. The problems will arise when a marriage is not conducted a registration. Status of the child born from a marriage which is not registered only owning civil link with the mother. Therefore the child that just owning civil link with the mother, would have affected the child's inheritance rights. Children who although born of a legitimate marriage but did not do the marriage registration, the status of that child is lower than the legitimate child from a registered marriage in terms of inheritance. Legal effort that can be done so that the children born from a marriage which is not registered to obtain status as a legitimate child, is to apply for a stipulation of the district court or the local religious court in accordance with the religion or belief. The purposes of this legal research was to compare the status of children from the marriage which is not registered with marriage which is registered, especially in terms of inheritance. And the results of this legal research was to demonstrate the negative impact as a child of the marriage that is not registered, both in terms of legal protection of the child and the right of inheritance.
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