FORM OF CONSTITUTIONAL RIGHTS OF WIFE AND CHILDREN AS VICTIMS OF SIRRI POLYGAMY

Abstract

The phenomenon of sirri polygamous marriages, or without the permission of a legal wife and without the permission of the Religious Courts, common in Banjar Regency, South Kalimantan Province, still raises arguments for and against. Originally the meaning of sirri marriage was intended for the case where the conditions of marriage were not met, but now it has been extended to marriages that meet the conditions but have not been registered with the religious affairs office (KUA) of the sub-sector for those who are Muslim. The purpose of the study was to elucidate the constitutional rights of wives and children who were neglected as victims of polygamous marriages in Banjar Regency. This research is a type of empirical legal research with statutory, case and conceptual approaches. The results of the analysis show that sirri polygamy has an impact in the form of constitutional losses for spouses and children. If a polygamous marriage has received permission from the first wife, then the sirri wife can be well received and does not receive social sanctions in society, as well as the children of sirri polygamy are well received and equal in society. Sociologically, a child of a qualifying sirri polygamous marriage is legitimate, so the legal relationship between the child and both parents is one of kinship and inheritance. The constitutional issue for children of sirri polygamous marriages takes the form of legal issues related to identity rights. This is inseparable from the usual factors in an area, where for the Banjar community children born in wedlock, whether Sirri or registered, are considered legitimate children.