Evasion of Law on Child Legal Status in Close-Shame Marriage’s Institution

Abstract

Close-shame marriage is done to cover the shame of a premarital pregnant woman because man who impregnate not want to marry her. However, it still leaves some crucial question such as the nature of the validity of the legal status of children born and the issue of civil relationship between children born to man who marry his/her mother. This research applies legal normative approach that assesses the rules of positive law with statute and conceptual approach. The result research shows that the existence of the institution of close-shame marriage is a form of legal evasion has caused confusion of the children who born. The conclusion of it is the legal status of the child is legally valid and null to be a child from a man who married his/her mother, but in essence the child is not the biological son of the man who married his/her mother. Therefore, it essentially does not have a civil relationship to man who marry his/her mother.

Keywords: close-shame marriage, the legal status of child, evasion of law.