Indonesian Marriage Legal System Construction In Order to Protect Children From Marriage Law That is Not Recorded

Abstract

The legal system of marriage in Indonesia there are three kinds. First Indigenous legal the system, the
Second the system of Islamic law, the three Western legal the system. Indigenous legal systems of
marriage can still be found in the country of Indonesia both ritual of "consent granted" in the sense of
legitimacy and ritual ceremonies that accompany the validity of the marriage procession still found many.
the Second the Islamic legal system, the system is still alive in the community that the majority of
Lampung population is Muslim. Third Western legal system applicable as positive law means the law in
force at this time in the land of Indonesia. Results reveal that the construction of Customary Law, Islamic
Law and Western Law all three protects the children born of the marriage unregistered. It's just the
difference between Islamic law and Customary Law with Western Law is Islamic law and Customary law
run by the community and not become positive law, so if there are problems in the implementation of
Indigenous law and Islamic law, the positive law are powerless to solve it. Thus arises the various effects
such as smuggling law, impunity, etc.. Marriage Act as part of the Law of the West in terms of the written
law does not protect the children born of the marriage that is not recorded