HAK WARIS ANAK HASIL KAWIN SIRI DALAM PERSPEKTIF KUH PERDATA DAN KOMPILASI HUKUM ISLAM

Abstract

This research discusses the inheritance rights of children born from unregistered marriages (kawin siri) from the perspective of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) and the Compilation of Islamic Law (Kompilasi Hukum Islam). The focus of the study is directed at two issues: the legal status of children born from unregistered marriages and their inheritance rights under the two applicable legal frameworks. This study utilizes a normative legal research method with a qualitative approach, conducted through a literature review of the Civil Code, the Marriage Law, the Compilation of Islamic Law, the Constitutional Court Decision Number 46/PUU-VIII/2010, and relevant scientific literature. The results of the study indicate that children born from unregistered marriages are in a vulnerable legal position because their parents' marriage is not officially registered and is often difficult to prove. Under the Civil Code, a child can obtain legal status and inheritance opportunities if they can be proven to be a legitimate child or a legally recognized child born out of wedlock. Meanwhile, under the Compilation of Islamic Law, a child's inheritance rights from the father depend on proving a lineage (nasab) relationship that arises from a valid marriage. Consequently, a biological relationship alone is insufficient to establish inheritance rights; an acknowledged and provable legal relationship is strictly required.