FUNGSI ITSBAT NIKAH MENURUT KOMPILASI HUKUM ISLAM DALAM MEMBERI PERLINDUNGAN HUKUM TERHADAP ISTRI YANG DINIKAHI SECARA TIDAK TERCATAT (NIKAH SIRI) APABILA TERJADI PERCERAIAN

DWIASA, GEMA MAHARDHIKA and Hasan, Sofyan and Syarifudin, Achmad (2018) FUNGSI ITSBAT NIKAH MENURUT KOMPILASI HUKUM ISLAM DALAM MEMBERI PERLINDUNGAN HUKUM TERHADAP ISTRI YANG DINIKAHI SECARA TIDAK TERCATAT (NIKAH SIRI) APABILA TERJADI PERCERAIAN. Master thesis, Sriwijaya University.

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Abstract

Basically marriage is an act that causes halal relationships between a man and a woman as a spouse. In the bonds of marriage, the rights and obligations of the wives are asserted, so that the life of a household can be achieved and prosperous. According to Article 1 of Law No. 1 of 1974 on Marriage states that marriage is the bond of the birth of a man with a woman to form a perpetual family based on the Supreme Godhead. The marriage which has been carried out in compliance with the provisions of Article 2 paragraph (1) shall be recorded by the marriage register officer for the purpose of administration of administration and population and to comply with the provisions of Article (2) of Law Number 1 of 1974 concerning Marriage. Marriage recorded is a form of protection of law if in the future there is a problem in a marriage bond, if it is not done then the marriage done does not have the power of law. Marriage series or unmarried marriage is one of the most common forms of problems in Indonesia. There are many factors that cause a person not to register his marriage at the recording agency. Some are due to cost factors, aliases can not afford to pay for the registration so that they are not recorded but are not kept secret; not enough age to marry in the country; some are also caused by fear of being caught violating rules that prohibit civil servants from marrying more than one; and so on. There are also, marriages that are confidential due to certain considerations; for example for fear of getting a negative stigma from a society that once considered the marriage taboo series; or because of complicated considerations that force a person to conceal his marriage. When a problem arises requires a marriage certificate as an authentic proof for both divorce and other purposes then it must apply for the marriage to the Religious Court. Lack of public knowledge about the existence of the Marriage Law is one of the obstacles to enforcing law protection against married wives from unmarried marriage. The government should be more pro active in promoting law advocacy about the procedures for filing a marriage certificate for unmarried marriage and socializing a free Legal Aid Society so that citizens know clearly about their rights and obligations.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Itsbat of marriage, the protection of the law, the husband and wife, the marriage is not recorded, divorce.
Subjects:	K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KBP469 Influence of other legal systems on Islamic law
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Mrs Kharisma Afrianti
Date Deposited:	18 Sep 2019 15:43
Last Modified:	18 Sep 2019 15:43
URI:	http://repository.unsri.ac.id/id/eprint/8018

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