ISTRIBUTION OF INHERITANCE PROPERTY RESULTING FROM AN UNRECORDED MARRIAGE ACCORDING TO POSITIVE LAW

DISTRIBUTION OF INHERITANCE PROPERTY RESULTING FROM AN UNRECORDED MARRIAGE ACCORDING TO POSITIVE LAW
ABSTRACT
ANDRIANA AGUSTINA ABIN SALAM NIM:192374201008
The type of research used in this research is normative legal research. where the data sources used are secondary data, both primary secondary data in the form of statutory regulations and secondary secondary data in the form of theories or results of previous research and also tertiary secondary data in the form of dictionaries and bibliographies. The formulation of the problem raised is (1) How is inheritance regulated for children born from marriages that are not registered according to Islamic law? (2) How are inheritance arrangements for children born from marriages that are not registered according to civil law? The results of this research indicate that children resulting from unregistered marriages have the same position as legitimate children in the eyes of Indonesian law. However, there are still two things that are distinguished, namely in terms of identity and inheritance. From the perspective of civil law, children resulting from unregistered marriages have the same status and share of inheritance as legitimate children as long as the child has been legalized. Meanwhile, in Islamic law, children resulting from unregistered marriages and legitimate children have the same position even though they are not legalized. In both legal views, an existing marriage must obtain a marriage certificate from a marriage registration officer. So that without recording the identity of the child, the child is considered an illegitimate child. The advice that can be recommended is that all legal activities are subject to statutory regulations. Therefore, as a good citizen, you must register your marriage to get legal consequences. Unregistered marriages must be completed before the marriage is legalized, so that the future of the children and the inheritance of the children and their partners have legal force.

Keywords: Inheritance, Children, Unregistered Marriage