JAKARTA – Pasangan nikah siri saat ini sudah dapat mendaftarkan akta kelahiran anaknya. Sebab dokumen akta kelahiran adalah hak anak dan salah satu dokumen penting untuk mengurus keperluan lainnya.
Direktur Jenderal (Dirjen) Kependudukan dan Pencatatan Sipil (Dukcapil) Kemendagri, Prof. Zudan Arif Fakrullah mengatakan, setiap anak berhak mendapatkan akta kelahiran. Oleh karena itu, bagi ayah bunda yang menikah siri pun, hak anak dilindungi oleh negara.
Untuk kepastian hukum, kata Dirjen Zudan, semua anak bisa dibuatkan akta kelahiran termasuk yang kedua orangnya menikah siri.
“Ada yang bertanya pada saya, pak saya itu nikah siri dapatkah anak saya itu dibuat akta kelahiran? Teman-teman saya beri tahu ya, setiap anak berhak mendapatkan akta kelahiran,” kata Prof. Zudan dalam video yang dikirimkannya, selasa (11/1/2022).
Oleh karena itu, lanjutnya, bagi ayah bunda yang menikah siri pun hak anak dilindungi oleh negara. “Untuk kepastian hukum, semua anak bisa dibuatkan akta kelahiran, termasuk yang kedua orang tuanya menikah siri,” tegasnya.
Maka, cara mendaftarkan akta lahir anak pasangan nikah siri, Zudan menjelaskan, syaratnya adalah pertama, dalam status kartu keluarga sudah harus tertulis “Kawin belum tercatat”.
“Nanti di dalam kartu keluarga akan ditulis nikah belum tercatat atau kawin belum tercatat. Itu artinya nikah siri,” jelas Dirjen Zudan.
Kedua, mengisi SPTJM (surat pernyataan tanggung jawab mutlak) kebenaran hubungan anak dengan orang tuanya.
Ketiga, jangan lupa dibawa fotokopi e-KTP orang tua
Lebih lanjut Dirjen Zudan mengatakan, akta ini dapat diurus di dinas dukcapil (disdukcapil) sesuai dengan alamat e-KTP
“Diurus di dinas dukcapil, sesuai alamat e-KTP. Tidak dipungut biaya, gratis. Jangan diurus melalui calo,” tuturnya.
Seperti diketahui, dalam Pasal 1 UU Perkawinan Nomor 1 Tahun 1974 disebutkan bahwa perkawinan merupakan ikatan lahir dan batin antara seorang pria dengan seorang wanita untuk membentuk rumah tangga yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa.
Adapun sahnya perkawinan tertulis dalam Pasal 2 Ayat (1) yang berbunyi sebagai berikut: “Perkawinan adalah sah, apabila dilakukan menurut hukum masing-masing agamanya dan kepercayaannya itu”
Dengan demikian, sepanjang pernikahan dilaksanakan sesuai dengan ketentuan agama yang dianutnya, pernikahan tersebut dianggap sah secara hukum, baik pernikahan tersebut dilaksanakan di hadapan petugas yang ditunjuk oleh undang undang maupun tidak (siri atau di bawah tangan).
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