Perlindungan Hukum Bagi Istri Dan Anak Dalam Perkawinan Tidak Dicatat Terhadap Hak Warisnya

Abstract

Forms of protection of children's rights as stipulated by Article 28B (2) and Article 28D paragraph (1) of the 1945 Constitution, it will be maximized if all marriages registered. Potential losses from the marriage that is not based on Law No. 1 In 1974, for the woman (wife) are very diverse, but it is actually the most important thing is whether such losses can be recovered or not. This is where the crucial point of Law No. 1 of 1974 mainly arrangements regarding registration of marriages. In the context of the legal system of marriage, protection of the law by the state (government) against the parties involved in marriage, especially against women as a wife, only be done if the marriage is done consciously in accordance with Law No. 1 of 1974, which is one of the conditions is done by registered marriage in accordance with the legislation in force (vide Article 2 of Law No. 1 of 1974). Further consequences, against marriage conducted without registered, the state can not provide legal protection of the status of marriage, joint property, inheritance and other rights arising from the marriage, because to prove the existence of the right of women (wives) to be proved first the marriage between a woman (wife) with her husband. Writing method in this thesis is normative. The objective is to identify and analyze forms of legal protection for his wife and children according to the marriage law article 2, paragraph (1) of the marriage were not recorded and the right beneficiaries