Perlindungan Hukum terhadap Hak Anak dari Perkawinan Siri Perspektif Hukum Islam dan Hukum Positif Indonesia

Abstract

  The discrepancy between the protection of children’s rights in unregistered marriages and legal norms in Indonesia has resulted in limited recognition and protection for children born of such marriages. This study analyzes the legal protection of children’s rights in unregistered marriages from the perspectives of Islamic law and Indonesian positive law and evaluates the harmonization of legal norms to ensure justice and optimal protection. This normative legal study employs statutory, conceptual, and comparative approaches, focusing on regulations concerning unregistered marriages and child protection. Data were obtained through literature reviews and document analysis of legislation and relevant literature and analyzed using qualitative descriptive analysis and normative comparison. Research findings indicate that the protection and fulfillment of rights of children born of unregistered marriages are recognized in Islamic and positive law; however, differences in normative and administrative frameworks continue to obstruct their civil status. Islamic law guarantees children’s rights through lineage, child support, inheritance, and custody, while positive law provides protection through marriage regulations, child protection laws, Constitutional Court rulings, and civil registration. Ministry of Home Affairs Regulation No. 108 of 2019 strengthens children’s identity registration but does not fully guarantee the proportional fulfillment of all civil rights. This study contributes to family law and child protection by providing a basis for legal reform toward fair, inclusive, and sustainable protection for children born of unregistered marriages in Indonesia.