Legal Protection Of Children From The Results Of Sirri's Marriage In The Perspective Of Marriage Law In Indonesia

Normatively, in Indonesia the registration of a marriage is mandatory. Although the existence of the marriage law umbrella, namely Law No. 1 of 1974 concerning Marriage (which has later been amended by Law No. 16 of 2019) has been relatively long, in reality there are still many who violate it. One of them is that there is still a phenomenon of unrecorded marriage (sirri marriage) in the community. This of course has an impact on legal certainty for children from the results of the sirri marriage. Therefore, this study discusses the Juridical review of the position of children in marriage serially based on Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.


INTRODUCTION
The phenomenon of sirri marriage (unregistered marriage) still occurs in Indonesia, even though laws and regulations require a marriage to be registered (Maulana, 2022). So that unregistered marriages have no legal force. This will also have an impact on children born from sirri marriages.
The definition of marriage according to Article 1 of Law No. 16 of 1999 concerning Amendment No. 1 of 1974 concerning Marriage (Marriage Law) is an inner birth bond between a man and a woman with the aim of forming a happy and eternal family (household) based on the One and Only Godhead (Triadi, 2019).
In reality, there are still many marriages that do not meet the requirements in the Marriage Law, such as marriages that are carried out inopenly (commonly called sirri marriages, sirri marriages are marriages that are carried out in secret or not announced to the rama public, meaning that the marriage is valid according to religion because it meets the requirements and pillars of Islamic shari'a but is not recorded at the Office of Religious Affairs (KUA).
In fact, according to Indonesia's positive law, every marriage must be registered to ensure the order of marriage administration and legal certainty for the parties who carry out the marriage in order to form a sakinah family and provide legal protection for the fulfillment of the rights of children born from the marriage (Afhami & Mashdurohatun, 2017).
Although according to Akbar, (2014) Islamic law (Qur'an and Hadith) sirri marriage is valid because it is considered to have fulfilled the requirements and harmony of marriage but must be announced to the public and recorded at the Office of Religious Affairs (KUA), so that the marriage becomes valid and has legal force because it has fulfilled the legal requirements of marriage in applicable laws and regulations or positive law (Sujono, 2022).
Etymologically the word "sirri" comes from Arabic, namely "sirrun" which means secret (silent and hidden). The word sirri is then combined with the word nikah so that it becomes nikah sirri to mention that marriage is done secretly or hidden. This tacit and hidden meaning gives rise to two understandings, namely marriages that are secretly not announced to the public or marriages that are not recorded.
Sirri marriage (nikah sirri) emerged after the promulgation of Law Number 1 of 1974 concerning Marriage and the issuance of Government Regulation Number. 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage (Hanafiyah, 2022). Because in both regulations, it is stated that every marriage in addition to having to be carried out according to religious provisions must also be registered. Sirri marriage is usually carried out in front of religious leaders by performing rituals or the like, which are considered valid according to religion and community beliefs.
Sirri marriage is often known as marriage under the hand. The word sirri comes from Arabic which means secret, which means sirri marriage is a secret marriage (Islami, 2017). While the definition of sirri marriage is a marriage carried out based on religious rules or customs that are not recorded at the Office of the Marriage Registration Officer, in the sense that this kind of marriage does not have authentic evidence, so it is said to have no legal force. Law, it can be seen that the religious element is so dominant. Marriage is actually a relationship between a man and a woman who is included in the private sphere, but because the relationship is considered important and involves a matter of public order, the state interferes in the recording of it which is carried out in a public register handled by a special institution.
This marriage in many societies is recognized as sacred, where marriage registration is very important. Even because of the importance of the marriage registration issue, Article 81 BW states that: "No religious ceremony may be performed, until both parties to their religious officials prove that the marriage in the presence of a civil registry official has taken place." From this provision, it can be seen that the matter of marriage registration is so urgent, that it defeats religious teachings that consider marriage sacred as evidenced by certain ceremonies.

Understanding Sirri Marriage
Etymologically the word "sirri" comes from Arabic, namely "sirrun" which means secret, silent and hidden. The word sirri is then combined with the word nikah so that it becomes nikah sirri to mention that marriage is done secretly or hidden. This tacit and hidden meaning gives rise to two understandings, namely marriages that are secretly not announced to the public or marriages that are not recorded.
According to the assumptions of the sirri marriage community, there are three meanings, namely: First, marriage without guardians or witnesses. This marriage is carried out secretly or secretly. Such marriages according to Islamic law are neither valid nor forbidden. Second, a marriage attended by a guardian and two witnesses, but such witnesses may not announce it to the public. Jumhur ulama views such marriages as legal, but the law is forbidden. Because, a secret matter, if it has been attended by two or more people then it is no longer secret. It is forbidden, because of the order of the Prophet (peace be upon him) to walimah and omit elements that have the potential to invite doubts and false accusations. Third, marriages are carried out with a guardian and two fair witnesses and the existence of ijab and qobul, but these marriages are not registered at the Office of Religious Affairs (KUA). When viewed from the aspect of religious law, this marriage is valid because this form of sirri marriage meets the requirements and pillars of Islamic Shari'a (Witanto, 2012).
Sirri marriage / nikah sirri emerged after the promulgation of the Marriage Law and the issuance of Government Regulation Number. 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage. As is known in both regulations, it is stated that every marriage in addition to having to be carried out according to religious provisions must also be registered. This serial marriage is usually carried out in front of religious leaders by performing rituals or the like, which are considered valid according to religion and community beliefs.
Sirri marriage is often known as marriage under the hand. The word siri comes from Arabic which means secret, which means Serial marriage is a secret marriage. While the definition of serial marriage according to law is a marriage carried out based on religious rules or customs that are not recorded at the Office of the Marriage Registration Officer, in the sense that this kind of marriage does not have authentic evidence, so it is said to have no legal force.
The definition of sirri marriage itself varies according to the depth of their respective knowledge. Some people state that nikah sirri is classified into 3 (three) parts, including: a. Sirri marriage is a marriage whose implementation is carried out by kyai or community leaders.
b. Sirri marriage is a marriage whose implementation is not registered at the Office of Religious Affairs (KUA), or the marriage contract is not in supervision of the registration officer of the KUA for Muslims, at the Civil Registry Office for non-Muslims.
c. Sirei marriage is between a man and a woman who perform their contract by their guardian himself. 15 Marriage that fulfills the pillars and requirements according to Islamic shari'a is an act of haq, not bathil, so it is very appropriate if it is concealed or announced through a wedding feast or walimah, as a sign of gratitude to Allah Almighty and to avoid slander. Because the purpose of marriage is to form a family that is ma'ruf, sakinah, mawaddah, and rahmah, as worship (Sabiq, 2017).
Normatively, sirri marriage is invalid according to the Marriage Law. This has been stipulated in Article 2 paragraph (1) and paragraph (2)  Marriage registration is an important thing, it has been determined through law, especially if there is a husband-wife dispute, the wife married by Sirri does not have the legal power to ask for her rights because there are no documents that prove that she is the wife of the fulan. Safeguarding the rights of wives and children is an obligation and one way to maintain this obligation is to register the marriage at the Office of Religious Affairs (KUA) (Adi, 2012).
The purpose of this marriage registration is to provide legal certainty and protection for the parties who carry out the marriage, so as to provide authentic evidence of the occurrence of marriage. Because with sirri marriage for irresponsible men will easily not do what is their duty to his wife and children.
Another legal consequence is for the child born from the sirri marriage that the child born from the sirri marriage does not have a civil relationship with his biological father, but only has a civil relationship with his mother and his mother's family, as stated in Article 43 paragraph (1) of the Law on Marriage. Because, sirri marriage is not valid according to the State.
And therefore a child born from a sirri marriage is considered equal status to an out-of-wedlock child. In the birth certificate, the child born as a result of the sirri marriage is listed only the mother's name (Goodhart, 1930).
In relation to Article 2 paragraph (2) and Article 43 paragraph (1)  with men as long as it can be proven that the two are biological. So the verse must read, "A child born out of wedlock has a civil relationship with his mother and his mother's family and with a man as his father who can be proven based on science and technology and/or other evidence according to law to have a blood relationship, including a civil relationship with his father's family" (Deviyanti et al., 2018).
The ruling has consequences for the civil relationship of the child with his father and his father's family, the child's sexual relationship with his biological father, and the existence of rights and obligations between the child and his biological father, both in the form of bread, guardianship, inheritance and so on. This certainly applies if proof is first carried out through science and technology such as DNA tests and so on that are successful. Yes, it is true that the out-of-wedlock child has a blood relationship with a man as his biological father.
Children resulting from sirri marriage do not have the meaning of guaranteeing legal certainty for the marriage of sirri both parents, because in the implementation of the marriage does not meet the requirements for the validity of marriage according to positive law.

Proving the Origin of the Child
In terms of proving the origin of children, Article 103 of the Compilation of Islamic Law states, that: 1) The origin of a child can only be proven by a birth certificate or other evidence; 2) If the birth certificate or other evidence mentioned in subsection (1)

CONCLUSION
Sirri marriage is a marriage that does not meet the requirements of the laws and regulations, so that this sirri marriage is not invalid (has legal force) according to Indonesian law. Moreover, the child of the sirri family also has no legal force. The impact of sirri marriage has no legal force to affect the children of the sirri marriage. As provided in Article 99 of the Compilation of Islamic Law, a legal child is a child born of a valid marriage in accordance with Article 42 of the Marriage Law. Likewise, with civil relations, children from serial marriages only have civil relations with their mothers and their mother's families as stated in Article 43 of the Marriage Law. In order for the child to get legal certainty, the two parents of the child must register the marriage. By having registered the marriage, the child becomes a legal child and has a civil relationship with both parents.