Implikasi Hukum Nikah Siri dan Nikah Daring terhadap Hak-Hak Anak dalam Keluarga Islam

Abstract

This study aims to analyze the legal implications of sirri marriage and online marriage on children’s rights within Islamic families and to evaluate the effectiveness of public policies in bridging the gap between religious validity and juridical recognition. Employing a normative-juridical approach and policy analysis, the research examines primary and secondary legal documents published between 2020 and 2025 through a systematic literature review. Findings reveal that children from unregistered sirri or online marriages face systemic legal uncertainty: they struggle to obtain complete birth certificates, are excluded from automatic inheritance (ab intestato), and may only inherit through wasiat wajibah—a discretionary mechanism limited to one-third of the estate. Although Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between children and their biological fathers, its implementation is hindered by complex evidentiary procedures and high administrative costs. Policies such as Supreme Court Regulation No. 1 of 2015 on Mobile Marriage Validation Hearings remain reactive, as applications can only be filed after disputes arise, while the issuance of Family Cards to unregistered couples risks undermining the mandatory marriage registration principle. The study concludes that children’s rights protection depends not on parental religious intent but on compliance with state legal frameworks. Thus, holistic reform grounded in the best interest of the child principle is essential, encompassing simplified itsbat nikah procedures, mass legal education, and administrative policies aligned with the Convention on the Rights of the Child and Indonesia’s Law No. 23 of 2002 on Child Protection.