Pertimbangan Hakim Pengadilan Agama Kebumen dalam Menetapkan Asal Usul Anak Akibat Nikah Sirri (Studi Kasus Perkara NO 94/PDT. P/2021/PA.KBM)

Abstrak

Unregistered children are one form of children resulting from illegitimate marriages, because the marriages are carried out only according to religious provisions and are not registered according to legislation. So that children born from unregistered marriages have the status of illegitimate children and only have a civil relationship with the mother and her mother's family. Children born outside of legal marriages cause new legal problems, namely birth certificates. To overcome this, it is necessary to submit an application for the determination of the origin of the child in the Religious Courts. The Kebumen Religious Court as one of the institutions that handles Muslim civil cases, one of which is the application for determining the origin of children due to unregistered marriages with case number 94/Pdt.P/2021/PA.Kbm. The type of research used in this research is normative juridical research with a statutory approach. Data collection techniques are observation, interviews, and documentation. The findings of this study are that the application for the origin of the child is granted by the Kebumen Religious Court, the application is determined based on article 42 of Law Number 1 of 1974 what is meant by children legitimate children are children born in or as a result of a legal marriage, While a legal marriage based on Article 2 paragraph 1 of the Law Number 1 of 1974 is that if it is carried out according to the law of his religion, the determination of the origin of the child, a review of Islamic law results in nasab, guardianship, inheritance, living, and hadhanah to the child through the recognition of the father and determined in the Religious Courts calculated according to the minimum period of pregnancy.