Jakarta, CNBC Indonesia – As is known, the marriage between Bambang Trihatmodjo and Mayangsari took place in a serial manner, they both have a daughter named Khirani Siti Hartina Trihatmodjo who was born in 2006.
Even though it is considered religiously legal, one of the consequences of unregistered marriage is the lack of legality before the state. Not only that, when a couple in an unregistered marriage is blessed with children, then… The status of children resulting from unregistered marriages is the same as children outside of marriage.
This is clearly regulated in Article 42 of the Marriage Law which states that a legitimate child is a child born in or as a result of a valid marriage..
If viewed from Islamic law, more precisely in Article 100 of the Compilation of Islamic Law (KHI), aChildren born out of wedlock only have a blood relationship with their mother and their mother’s family, unless science and technology and/or other legal evidence can prove that they are related by blood to their father.
You cannot inherit from your father unless…
Article 43 Paragraph 1 The Marriage Law states that children born outside of marriage only have a civil relationship with their mother and her mother’s family.
Reporting from Hukumonline, children resulting from unregistered marriages can indeed receive birth certificates. However, the parent listed on the certificate is only the mother.
From this, it is clear that children resulting from unregistered marriages will not be able to inherit their father’s assets unless there is recognition from the father regarding the child which is supported by a court decision as mentioned above.
However, the child can certainly inherit the mother’s inheritance.
Article 863 of the Civil Code states that ““If the heir dies leaving behind legal descendants and/or a husband and wife, then the recognized illegitimate children inherit 1/3 of the share of those who would have received it if they were legitimate children.”
[Gambas:Video CNBC]
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