Perlindungan Hukum Terhadap Anak Dari Perkawinan Yang Tidak Dicatat Dalam Perspektif Hukum Administrasi Negara

Abstract

The position of children born from a marriage that is not recorded only have a civil relationship with his mother while the father did not have a legal relationship except for the recognition of the father of the child to do an authentic deed. Problem Formulation This study was 1. How arrangements and child protection policy according to the Law in Indonesia, 2. How is the protection of children from a marriage that is not recorded, third, what barriers faced in protecting the Rights of the Child of marriage that is not recorded. This type of research that will be used in the preparation of this thesis is normative. Specifications research used analytic descriptive illustrate specifically based on data compiled systematically. This method focuses on solving actual problems. All data have been collected and obtained either from the primary data, ie data obtained directly from the public or the respondent and secondary data, ie data obtained from the literature. As well as all the information obtained will be analyzed qualitatively. Research shows that Indonesia has attempted judicially optimally in providing protection against Children. Especially children born out of marriage that is not recorded. Starting from the 1945 Constitution, and also the specific protection of children's rights as part of Human Rights, Log in Article 26B paragraph (2). Furthermore, it can be seen child protection in Indonesia in Law No. 4 Year 1979 on Child Welfare in conjunction with the establishment in 1979 as the "International Year of the Child". Through a court decision religion or state court still issued birth certificate from the Civil Registry office, whether his parents married under the hand (for Muslims) or the marriage of his parents by virtue of the church (non-Muslims) nor his parents had never perform marriages. Legal action against the protection of children born of the marriage that is not recorded for a Muslim is to apply Ithbat Determination of Marriage in the Religious and for non-Muslim religious establishment through petition in District Court. But still found some obstacles in the implementation of the protection of children, especially children whose marriage is not recorded. it can be concluded that there are some obstacles in implementing the Law on Child Protection on the marriage that is not recorded that the maintenance costs are relatively expensive,which is considered too complicated procedures, a lack of public understanding of the importance of their marriage record, based on incomplete evidence as a requirement to do determination.