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Journal articles on the topic 'Marriage law'
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1
Mucharom, Rully Syahrul, Wardah Yuspin, and Absori Absori. "Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019." International Journal of Social Science Research and Review 5, no. 10 (October 6, 2022): 321–27. http://dx.doi.org/10.47814/ijssrr.v5i10.594.
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Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.
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Yakin, Muhammad Khusnul. "RATIO DECIDENDI PENETAPAN PENGESAHAN (ITSBAT) NIKAH DI PENGADILAN AGAMA." Yuridika 30, no. 2 (August 23, 2017): 254. http://dx.doi.org/10.20473/ydk.v30i2.4655.
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Phenomena that occur in society marriage only refers to the Islamic religious law met the requirements and harmonious marriaege, so it can be said only based on article 2, paragraph (1) of Constitution Number 1 of 1974 on Mariage, lawful religion also means lawful state, but their marriage is not based on article 2, paragraph (2) provisions on orders registration of marriage, known as a marriage under the hand. Marriage Constitution set is limited to marriages performed before the law was enacted, but the religious court based on legal considerans accept and grant approval under the hand of marriage to marriage after the Marriage Constitution enacted by basing on the Compilation of Islamic Law article 7, paragraph 3.
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Prasetyo, Budi, Edy Sanjaya, and Indira Hastuti. "Marriage Law Perspective Against Underage Marriage." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 518–24. http://dx.doi.org/10.51601/ijersc.v3i1.304.
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Underage marriages have been happening in Indonesia for a long time, especially in rural communities that are categorized as not yet advanced in their level of education, economy, or because of the local community's traditions. From the perspective of the Marriage Law, this is contrary to the provisions of Article 7 paragraph (1) of Law Number 16 of 2019 and is contrary to the purpose of marriage is to form an eternal family based on God Almighty. Early marriage in adolescents impacts the physical aspect and psychological impact on the perpetrators. The research method is empirical juridical research. The research specification in this study is descriptive-analytical. The study results show that the existence of underage marriages, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974, is less effective. Given the existence of underage marriages, many divorces occur because the marriages are carried out by children who are still underage, so they have not been able to carry out the purpose of marriage fully.
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SURYA, I. KADEK ADI. "AKIBAT HUKUM KEDUDUKAN ANAK DALAM PERNIKAHAN SIRI DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN." GANEC SWARA 17, no. 3 (September 2, 2023): 770. http://dx.doi.org/10.35327/gara.v17i3.510.
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The goal to be achieved in this research is to find out the legal consequences of the position of children in unregistered marriages according to Islamic Law and the Marriage Law. To understand the concept of unregistered marriage according to Islamic Law and the Marriage Law. In this study the authors used the normative juridical writing method, namely legal research conducted using statutory regulations.According to Islamic law, an unregistered marriage is considered valid because a marriage that meets the pillars and conditions of marriage will be considered valid. Siri marriages are considered invalid according to the Marriage Law, because they refer to the provisions of Article 2 paragraph (2) of the Marriage Law regarding registration of marriages. From the provisions of this article, it can be seen that the Marriage Law focuses on the validity of marriage on two elements, namely; Marriage must be carried out in accordance with the conditions and procedures determined by law (state law) and religious law. This means that unregistered marriages that are carried out only by complying with religious law are not valid from the point of view of state law.For the legal status of children from unregistered marriages, according to Islamic law, they are considered legitimate children according to religion, because the child was born in or as a result of a legal marriage. According to the Marriage Law, the status of the child is the same as a child out of wedlock and cannot be said to be a child in a legal marriage, therefore the child does not have a birth certificate. As a result, legally the child has no right to claim support, inheritance or guardianship rights from his father. However, children from unregistered marriages can obtain their rights in accordance with Constitutional Court decision Number 46/PUU-VIII/2010 as long as they can prove it.
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Lumingkewas, Jitha. "The Consequences of Contract Marriage Law on the Position of Wives, Children, and Wealth in the Perspective of Islamic Law." Damhil Law Journal 2, no. 2 (November 30, 2022): 112. http://dx.doi.org/10.56591/dlj.v2i2.1744.
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<p align="justify">This article discusses the highest factors that hinder the settlement of property disputes. The legal status of contract marriages according to Islamic law, a marriage is said to be valid if it meets the requirements for a valid marriage and is carried out according to religion and belief, this is based on Article 2 of Law Number 1 of 1974 and Article 4 Islamic Law Compilation. Or in other words marriage is legal according to Islamic law if it fulfills the marriage requirements. The legal status of contract marriages in an unregistered marriage when viewed from Law Number 1 of 1974 concerning marriages does not have permanent law, because contract marriages are a form of marriage that is not registered so that it cannot be proven by an authentic certificate in the form of a marriage certificate. In this writing, the author uses a normative research method in which this method is a legal research method that is carried out by examining library materials or secondary data. Legal arrangements for contract marriages (mutah marriage) in the perspective of the Marriage Law are illegal marriages and have no legal force, as a result the contract marriage law for the position of wife and children is that the wife must carry out all obligations as a wife and child status. who was born illegitimate, because the marriage of his parents was not recorded in a legal marriage. If the marriage ends in a contractual marriage, there is no distribution of assets, even though assets were produced during the marriage. In addition, there is no inheritance right from the contract wife to the contract husband.</p>
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Safarin, Muhammad Habiby Abil Fida, and Fatimah Fatimah. "Polemics on Interfaith Marriage: Law and Civil Law Perspectives." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 2 (December 11, 2021): 262–71. http://dx.doi.org/10.25134/unifikasi.v8i2.5166.
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Marriage is seen as a bridge to a long journey that has shared visions and missions. We can not recklessly hold a wedding. There are a few things to be considered. Umumnya adalah budaya dan agama yang menjadi sorot utama ketika pemuda pemudi atau calon mempelai pria dan wanita akan melangsungkan pernikahan. Budaya merupakan hal yang juga akan dibawa ketika acara pernikahan akan dilangsungkan. Generally, culture and religion become the highlight once man and woman or prospective brides and grooms plan to get married. Culture is presented on the wedding day. However, a different culture is not allowed or prohibited. This also applies to religion. It becomes an important matter to consider before marriage. Marriage must be carried out according to each partner's religion. Thus, it is considered valid. In general, marriages are held in the same religion. However, this study will discuss massive interfaith marriages done by young people in Indonesia. The study employed a literature approach. This approach requires more reading and collecting library data. The findings generated new ideas in civil matters, the registration of interfaith marriages and the challenges of holding such marriage. In conclusion, interfaith marriages bring countless problems if they insist.
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Zakaria, Endang, and Muhammad Saad. "Nikah Sirri Menurut Hukum Islam Dan Hukum Positif." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 20, no. 2 (October 9, 2021): 249–64. http://dx.doi.org/10.15408/kordinat.v20i2.21933.
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Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.
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Rifqi, Muhammad Jazil. "Perlindungan Hukum terhadap Anak dalam Nikah Siri." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 23, no. 2 (December 19, 2020): 382–99. http://dx.doi.org/10.15642/alqanun.2020.23.2.382-399.
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Married couples must meet religious and state law. In Islamic law, marriages must be fulfilled, the harmony of the marriage, the bride and groom, prospective guardians, marriage, two people, consent and Kabul, while state law, needs to be added validity, marriage, must be in accordance with applicable law. However, not a few marriages in areas that carry out their marriages are only based on religious law and customary law, without involving Marriage Registrar to improve this marriage by considering siri marriages that increase returns to desired husbands and children. Civil rights are not guaranteed at the time of marriage to a siri marriage because the child will not obtain citizenship status, and the child only has a civil relationship with the mother and related family, which basically requires the cost of child care.
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Puruhita, Prasetyawati, and Windy Roynita. "Children from Siri's Marriage as Heirs in Review of Civil Law and Islamic Law." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 871–75. http://dx.doi.org/10.57235/qistina.v2i2.824.
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Siri marriages are marriages that do not record their marital status to officials. Siri marriage has a number of detrimental effects on family formation, one of which is the lack of legal certainty in the distribution of inheritance. The author aims to determine the position, rights, and impacts of siri marriage for children of siri marriage as heirs in terms of civil law and Islamic law. The results showed that children from unregistered marriages could have civil ties with both parents and get their full rights if they received recognition from both parents. Meanwhile, Islamic law considers Siris marriage valid because it fulfills the conditions and harmony so that the child has the right to inherit in accordance with applicable regulations.
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Rismantika, Dinada Junia, Djanuardi Djanuardi, and Rai Mantili. "Itsbat Nikah terhadap Perkawinan di Bawah Umur tanpa Dispensasi Kawin Ditinjau dari Undang-Undang Perkawinan dan Hukum Islam." Syntax Idea 4, no. 10 (October 21, 2022): 1447–62. http://dx.doi.org/10.46799/syntax-idea.v4i10.1927.
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The Marriage Law stipulates that marriages that occur must be recorded by an authorized official. If you have not registered your marriage, you can apply to the Religious Courts for Muslims. The Marriage Law stipulates the age requirement for marriage as one of the requirements for marriage. Underage marriages to be carried out must obtain dispensation permission from the Court. Marriages are often carried out under the hands without regard to the terms of the marriage. For example, the application for itsbat marriage against underage marriages without a marriage dispensation that occurs in the Religious Courts. The purpose of this study was to determine and analyze the validity and legal consequences of itsbat marriage on underage marriages without a marriage dispensation in terms of Marriage Law and Islamic Law. This study uses a normative juridical approach with analytical descriptive specifications. The data collection technique used is by conducting library research and field studies through interviews with related sources. The analytical method used is juridical qualitative. The absence of a marriage dispensation does not affect the validity of an underage marriage. Underage marriages without a marriage dispensation can be legalized in the Religious Courts by taking into account the conditions for itsbat marriage. Underage marriages without a marriage dispensation that have been legalized in the Religious Courts will have the same legal consequences as marriages in general. The marital status will have permanent legal force as evidenced by obtaining a Marriage Certificate Quotation
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Agustini, Sri. "PELAKSANAAN ISBAD NIKAH DAN DISPENSASI NIKAH DI KOTA PADANG." Ensiklopedia Sosial Review 3, no. 1 (February 21, 2021): 53–57. http://dx.doi.org/10.33559/esr.v3i1.677.
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Marriage is a marriage bond (contract) carried out in accordance with the provisions of Islamic law and teachings. Meanwhile, marriage is a marriage ceremony that is identified with the consent and kabul process. Literally, marriage is a sacred bond and is carried out by a combination of religious and state regulations. In order for the marriage bond to have legal certainty administratively, the marriage has been regulated in law. With the enactment of these rules, marriages that are not in accordance with the law cause their own problems in society. Especially about unregistered marriages and early marriage or marriages by minors.
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Sa'adah, Nur, Junaedi Junaedi, and Sirajuddin Sailellah. "Reactualization of Marriage Law in Indonesia on the Issue of Marriage Annulment in Achieving Legal Certainty." International Journal of Engineering Business and Social Science 2, no. 04 (March 22, 2024): 1186–93. http://dx.doi.org/10.58451/ijebss.v2i04.150.
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The annulment of marriage based on Law Number 1 of 1974 has not provided clarity, so it can cause legal uncertainty and injustice. Article 22 of Law Number 1 of 1974 states that a marriage can be annulled if the parties do not meet the conditions for consummating the marriage. This dissertation is to examine and analyse the implementation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the problem of marriage annulment and to study, analyse, and find legal certainty in the actualisation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the Prevalence of Marriage Annulment. This research uses a normative approach with the type of analytical descriptive research including legal principles, synchronisation of laws and regulations, including efforts to form law (rechtsvorming), the source of legal materials used is primary legal material, secondary legal material (secondary data) which will be obtained through literature sources. The results of the study show that there are still many violations of the Marriage Law, such as marriage registration, underage marriage, wild polygamy and illegal divorce because they have not explicitly and firmly regulated the annulment of marriage. Implementing the Marriage Law must prioritise the principle of justice, especially regarding marriage annulment. This includes the annulment of marriages involving imperfections of reason, marriages under threat of law, or marriages that violate religious law. In the actualisation of marriage law to overcome the problem of marriage annulment, it is important to strengthen legal certainty. First, the actualisation of the Marriage Law is a proactive step needed to address the issue of marriage annulment. This includes adequate articles to regulate situations that might lead to marriage annulment. Second, the Protection of Individual Rights.
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Hidayat, M. Taufiq, Ali Nu'man, Ashabul Yamin, Hafidh Hafidh, and Kasuwi Saiban. "Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama." ARZUSIN 3, no. 1 (February 1, 2023): 11–27. http://dx.doi.org/10.58578/arzusin.v3i1.822.
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This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
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Kwirinus, Dismas. "Pencatatan Perkawinan Campuran Beda Agama Berdasarkan Hukum Kanonik dan Hukum Positif." Kamaya: Jurnal Ilmu Agama 7, no. 1 (February 9, 2024): 1–11. http://dx.doi.org/10.37329/kamaya.v7i1.2809.
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The focus of this research examines the registration of mixed religious marriages based on canon law and positive law. The topic of study is related to the legal instruments governing mixed religious marriages, the implementation of mixed religious marriages based on Church law and positive law. The aim of this study is to serve as a guideline for government agencies that have firm authority regarding marriage and everything related to marriage. Researchers used descriptive qualitative methods and critical reading of texts, namely: (1) Canon Law 1124-1129; (2) Law Number 1 of 1974 article 2 paragraph (1) in conjunction with article 66; (3) Law Number 23 of 2006. The results and findings in this research are that interfaith marriages can be obtained and registered with the Civil Registry Officer and obtain a Deed and Excerpt from the Marriage Certificate, requiring first a decision from the court as regulated in article 35 Law no. 23 of 2006. Meanwhile, marriages issued by the Catholic Church do not receive enough Marriage Certificate Excerpts from the Population and Civil Registration Service. The conclusion from this research is that the implementation of a Mixed Mexta Religio marriage must first obtain a license from the Church authorities, because the marriage is a prohibited marriage. It is seen as a prohibition because there are many elements of similarity and togetherness between the Christian and Catholic Churches. Meanwhile, Marriage Disparity Cultus is seen as an obstacle to marriage (impedimentum disparity cultus) and to confirm this marriage a dispensation is needed.
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Setiyowati, Setiyowati. "Recent Changes in Regulatory Development of Interreligious Marriage and Children’s Rights Based on Justice Perspective in Indonesia." International Journal of Criminology and Sociology 10 (July 14, 2021): 1149–53. http://dx.doi.org/10.6000/1929-4409.2021.10.133.
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The issue of this study is the marriage registration with or on the basis of a court decision as referred to in Law Number 24 of 2013 concerning Population Administration is valid according to Law No. 1 of 1974 regarding Marriage. The Marriage Law is also one of the bases for the formation of the Population Administration Law. Bearing in mind that the Population Administration Act does not regulate further about how the procedure of marriage between people of different religions occur so that the terms and procedures and prohibition of marriage in the Marriage Law remain in force. Based on the above background, problems can be formulated to analyze marital regulations in the Marriage Law not yet fully based on the value of justice and its reconstruction. The findings show that the Reconstruction of marriage regulations in the perspective of the Marriage Law based on justice values can be carried out by reconstructing the provisions of articles governing the validity of marriages, which in their implementation or in their application do not indicate or provide a sense of justice for some people who will carry out marriages, particularly those related to the practice of interfaith marriages.
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Laksana, Endri Nugraha. "Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 7, no. 2 (December 28, 2022): 355–76. http://dx.doi.org/10.31538/adlh.v7i2.2642.
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Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference. Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia.
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Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH: Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/as.v1i1.208.
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AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
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Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/asyakhshiyyah.v1i1.208.
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AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
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Sholikah, Dwi Imroatus. "Legalitas Perkawinan Beda Agama dalam Sudut Pandang Undang-Undang Perkawinan dan Undang-Undang Administrasi Kependudukan Dikaitkan dengan Hak Asasi Manusia." Jurnal Bedah Hukum 7, no. 1 (April 30, 2023): 98–120. http://dx.doi.org/10.36596/jbh.v7i1.1017.
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The background of this research is that interfaith marriages are not explicitly regulated in Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage, so there is a legal vacuum to strictly regulate interfaith marriages in Indonesia. This is because more and more people in Indonesia are doing interfaith marriages. With the Law no. 23 of 2006 concerning Population Administration (UU Adminduk) can accommodate interfaith marriages being disabled, but in practice it is best not to do so. Article 35 letter a of the Adminduk Law relating to interfaith marriages is a special rule that overrides more general regulations and does not erase old provisions, so that Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage is still valid in the national regulatory system in the field of marriage. With the existence of rules that prohibit interfaith marriages as a solution to overcome the legal vacuum by not giving rights to interfaith marriage actors to register their marriages through a court order. As for the legality of marriage materially, it still returns to the laws of their respective religions, while with regard to formal, civil law relations arising from marriage, if the marriage has received legal recognition, then everything is protected by law. The rejection of interfaith marriages in Indonesia is basically a discriminatory act that is not in accordance with the principles of Human Rights (HAM) itself. However, humans are obliged to prioritize their basic human obligation to comply with their religious laws and the state as law enforcer needs to regulate prohibitions on interfaith marriages so that violations do not occur in society.
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Budi Waskito, Achmad. "Implementation of Itsbat Nikah as A Way To Get The Legal Power Which is not Recorded." Jurnal Daulat Hukum 1, no. 2 (June 10, 2018): 517. http://dx.doi.org/10.30659/jdh.v1i2.3325.
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Article 2 (1) states the Marriage Act, marriage is valid if it is done according to the law of each religion and belief. Furthermore, Article 2 (2) states every marriage is recorded in accordance with the legislation in force. Thus a marriage must comply with religious law and positive law. Statements about the validity of marriages taking place before Act No. 1 of 1974 concerning marriage and run other regulations. Solutions that marriage is not recorded can be reached by way of itsbat nikah propose marriage to the Religious Courts under Article 7 Compilation of Islamic Law (KHI). According to Article 7 paragraph (1) KHI marriages under Islamic law can only be proven with Marriage Certificate made by the Registrar of Marriage Officer. On the one hand Regulation Legislation Indonesia expressed registration of marriage is the only evidence of the occurrence of marriage, but on the other side of the law provide a way out for people who can not prove their marriage with the street Determination of Marriage (Itsbat nikah). Itsbat nikah as the authority of the PA need for legal protection should be equivalent law or legal rules included in the sort order legislation.Keywords: Implementation of Itsbat nikah, Religious Courts Authority, Marriage Not Recorded.
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Ahmad Azmi Perkasa Alam and M. Idris. "Review of Positive Law and Fiqh Law on Interfaith Marriages." QANUN: Journal of Islamic Laws and Studies 1, no. 1 (September 29, 2022): 47–52. http://dx.doi.org/10.58738/qanun.v1i1.42.
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This study describes a review of positive law and fiqh law on interfaith marriages. Marriage is the result of affection between men and women, so limiting marriage to religion is one of the conflicts that often occurs, interfaith marriage is something that is difficult to separate, especially those who adhere to the teachings of pluralism in Indonesia. So from here the researcher considers it important to raise the problems that occur in interfaith marriages, in this study the author uses a descriptive method, namely to provide data that is as accurate as possible about the problems discussed. This descriptive method is intended to get a good, clear and can provide data as accurately as possible about the object under study. Data collection techniques using library research techniques. The selection of literature is carried out as carefully as possible by considering the author's authority in the field under study. This study also examines in detail the law of interfaith marriage in terms of Islamic law following the as-Syafi'i school, and also links civil law and positive law in Indonesia, as well as the MUI fatwa.
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Sembiring, Ayu Natashasia, Agus Kristianto Sinaga, and Satria Braja Hariandja. "ANALISIS YURIDIS BATALNYA PERJANJIAN PRA- NIKAH DALAM PERKAWINAN CAMPURAN." Jurnal Darma Agung 27, no. 1 (April 1, 2019): 774. http://dx.doi.org/10.46930/ojsuda.v27i1.132.
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Mixed marriages according to Law Number 1 of 1974 concerning marriage are marriages between Indonesian citizens and foreign nationals (Article 57). Because of different nationalities, the laws applied to them are also different. Marriage Law does not expressly regulate the legal consequences arising from Mixed marriages. According to the Marriage Law of citizenship which is obtained as a marriage result, marital disturbances determine the applicable law, about public law and civil law.This research is a normative legal research that is prescriptive with a legislative approach and a conceptual approach. The sources and types of legal materials used are primary legal materials that are supported by secondary legal materials. Pre-Marriage Agreement Research Results is not implemented in good faith by each party that makes a prenuptial agreement so that it is null and void.
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Yuana, Adella, and Ilka Sandela. "Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 6, no. 2 (November 14, 2022): 291. http://dx.doi.org/10.35308/jic.v6i2.6123.
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Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
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Hadiati, Teti. "THE LAW POLITICS IN THE REFORMULATION OF INTERFAITH MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 25. http://dx.doi.org/10.29300/mzn.v7i1.2775.
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The problems examined in this study is wast are interfaith marriages in accordance with the philosophical values of Indonesian marriage law? and why is the validity of interfaith marriages still being disputed in Indonesian marriage law? Related to the principle of continuing legal conditions and public order, the implementation of registration marriage by registration is a form of acceptance of interfaith marriages and the community has accepted the phenomenon of interfaith marriages as a natural reality and is considered to be true. This research is normative legal research and quantitative sociological legal research. The study methodology is analyzed based on the principle of public order, law smuggling, and continuation of the legal situation or rights that have been obtained. From this research, it was concluded that interfaith marriages were considered incompatible with the philosophical values of Indonesian Marriage law which were based on religious law, and could injure the long struggle history of Indonesian marriage law legislation under the principle of public order. Therefore, the registrations carried out by the civil registry office are not authoritative, but merely administrative.
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Zainuri, Andi, Ahmad Muslimin, and Ahmad Mukhlishin. "Problems of Sirri Marriage and Prisoners: A Case Study in Sukadana, East Lampung, Indonesia." El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (December 30, 2023): 335. http://dx.doi.org/10.22373/ujhk.v6i2.17487.
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Sirri marriage is a marriage carried out using the provisions outlined and determined by custom but does not fulfill state law. The state has established legal marriage through the Marriage Law and the Compilation of Islamic Law (KHI). This study aims to explain the legal perception of sirri marriage from the view of the Compilation of Islamic Law and Marriage Law in Indonesia. This research is an empirical legal study using a statutory approach. The data collection techniques used are interviews and documentation studies. Interviews were conducted with informants with religious leaders, the Head of the Religious Affairs Office, perpetrators of sirri marriage, and community leaders. The study concluded that marriage in Indonesia is legally regulated according to marriage law and the Compilation of Islamic Law, which states that marriage must be recorded. Meanwhile, marriages that are not recorded are not legally valid. The factors that cause the occurrence of sirri marriages are personal factors, including the characteristics of community understanding used as justification, the level of legal awareness factor, namely the level of understanding of community law, and the rules of law that exist and apply in Indonesia, which are less considered. The sirri marriage will have impacts and victims on women and children. Therefore, this research recommends that all parties create legal awareness in the community regarding the legal rules of marriage.
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Dodoteng, Harisman, Abidin Abidin, and Sitti Musyahidah. "Legal Consequences on Sirri Marriage Performers Without the Permission of the First Wife: Perspective of Islamic Law and Positive Law." INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY 5, no. 1 (July 19, 2023): 37–46. http://dx.doi.org/10.24239/ijcils.vol5.iss1.61.
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The aim of this study is to examine the existence of sirri marriages occasionally. Some people even do it without the first wife's permission, resulting in losses for the perpetrators even though the law has determined that marriage must be brought before the official marriage registrar to be registered. On this issue, the researchers focused on investigating the legal consequences for sirri marriage perpetrators without the first wife's permission and the perspective of Islamic law and positive law for sirri marriage perpetrators without the first wife's consent. The provisions for sirri marriage in Islamic law are not found in the Al-Quran and Hadith. Sirri marriage can be made a criminal act in Islamic law, but the provisions fall into jarimah ta'zir. The ta'zir punishment is not directly found in the Al-Quran and Hadith, this type of punishment becomes the judge's or local government's competence. Meanwhile, according to the positive law of sirri marriages that do not comply with or follow the legal procedures for marriage or without asking for the first wife's permission, the marriage can be punished under Article 279. This type of research used a literature review. The researchers suggest that this university should socialize regarding this matter, and registration of marriages must continue to be carried out by the government and the community, in this case, religious leaders.
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Masturiyah, Masturiyah. "NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL." Musãwa Jurnal Studi Gender dan Islam 12, no. 1 (January 29, 2013): 43. http://dx.doi.org/10.14421/musawa.2013.121.43-62.
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In Indonesian society, marriage has legal dualism. Namely, marriage (which) should be listed in the Religious Affairs Office (KUA) and the marriages were not recorded (Sirri marriage). In fact, if we examine more seriously, many Sirri marriages cause harm especially, on the part of women and children. And in fact, not the least negative effects caused by Sirri marriage. This paper discusses sirri marriage in the perspective of Islamic law and the National Marriage Law. Because sirri marriage not stated explicitly in both the Qur’an and hadith, hence, to determine the law (istinbat al-hukmi), jurists of Islamic law (in this case) do ijtihad whereby sirri marriage is categorized as al maslahat al murasalah, which refers to the maqasid al-shari’ah. However, sirri marriage is actually problematic for several reasons. First, sirri marriage is not part of prophetic tradition. Because, the Prophet advocates and implements wedding party (walimah al-’Ursy) with aim to proclaim marriage to the public (i’lanun nikah). On the other hand, the recording of the marriage is the leader commands (Ulil Amri). Meanwhile, Allah and the Prophet ordered to obey the leader (Amri Ulil). Since the recording of the marriage will benefit Muslims (maslahah), then Muslims should stay away from harm (mudharat). Second, sirri marriage is not in accordance with the national law of marriage, because the point ‘marriage record’ does not exist in the concept of sirri marriage. Whereas, marriage registration set forth in Article 2, paragraph 2 of Law marriage, no. 1 of 1974 and article 2, paragraph 1, 2, 3 of Law no. 9 of 1975, the Code of Civil Law (KUHP) and the Compilation of Islamic Law (KHI).
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Nugraheni, Prasasti Dyah. "THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS." Law and Justice 4, no. 2 (November 19, 2019): 68–82. http://dx.doi.org/10.23917/laj.v4i2.8015.
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Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
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DEWI, MIEKE ANGGRAENI, KUSWARINI KUSWARINI, and WIDIATI DWI WINARNI. "PHENOMENON OF UNDERAGE MARRIAGE: A STUDY IN THE PERSPECTIVE OF LAW AND ISLAM." GANEC SWARA 18, no. 2 (June 6, 2024): 647. http://dx.doi.org/10.35327/gara.v18i2.842.
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Marriage is a bond that gives rise to a family as one of the elements in social and state life, regulated by legal rules, both Islamic law and positive law (state law). In marriage laws, the age limit for marriage has been stipulated (material requirements), one of which is the provision regarding the minimum age limit set forth in Article 7 paragraph (1) of Law Number 1 of 1974 concerning Marriage. In reality, many marriages are conducted below the provisions of marriage laws, which have long been happening not only in urban areas but also in remote areas. The reasons vary, due to economic issues, low education, understanding of cultural and certain religious values, and others. Most Muslim scholars agree that underage marriage is permissible with certain conditions. Thus, supported by the fact that our legal system does not criminalize such marriages and that this issue remains a subject of debate in society, underage marriages should not be criminalized in future law
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Aksa, Fauzah Nur, Hamdani Hamdani, Muhammad Tahmid Nur, and Amira Fadhia. "Analisis Hukum Islam terhadap Penetapan Hukum Hakim tentang Perkawinan Beda Agama di Indonesia dalam putusan Nomor: 12/Pdt.P/2022/PN. Ptk." Palita: Journal of Social Religion Research 9, no. 1 (April 26, 2024): 13–22. http://dx.doi.org/10.24256/pal.v9i1.4927.
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This research focuses on analyzing the legal of islam basis of the judge's considerations in Court Determination Number: 12/Pdt.P/2022/Pn. Ptk, and the legality of interfaith marriages are reviewed from Law Number 1 of 1974 concerning marriage, as well as the law regarding court decisions regarding interfaith marriages. The type of research used is qualitative research. This research uses primary and secondary data. The data collection method in this research uses library research. Based on research conducted, it is known that the judge referred to Article 35 of Law number 23 of 2006 concerning Population Administration which states that marriage registration applies to marriages determined by the court, so that the judge interprets the meaning of the marriage determined by the court to be an interfaith marriage. Law Number 1 of 1974 concerning Marriage states that marriage is valid based on the rules of religious law, but if an interfaith marriage is carried out outside the jurisdiction of Indonesia and its registration is considered valid. The legal implications that arise as a result of this court decision are the status and position of children. It is recommended that judges in taking considerations not only refer to one interpretation, but also look at other legal considerations such as the Constitutional Court decision Number 68/PUU-XII/2014 in the petition for Review of Law Number 1 of 1974 concerning Marriage which clearly rejects be firm regarding interfaith marriages, and use considerations based on other laws. To the DPR and the Government to immediately revise the Marriage Law by strengthening the prohibition on interfaith marriages in order to eliminate the legal vacuum. To society, interfaith marriages should not be carried out.
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Hill, Daniel J. "Could the State do Without Marriage Law?" Ecclesiastical Law Journal 24, no. 2 (April 29, 2022): 123–47. http://dx.doi.org/10.1017/s0956618x22000011.
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This article argues that marriage is a divine institution that pre-dates the state, and marriages are supernaturally effected by God consequent on the exchange of marital consent by the parties, whether or not the state recognises them as marriages. In fact, taking note of, and legislating about, marriage thus properly conceived is not within the state's remit. Despite this, the law in England and Wales is involved with the institution of marriage in three main ways: (1) it purports to define marriage, and its entry and exit conditions; (2) it passes laws affording or denying certain legal benefits or penalties on the basis of marital status; and (3) it registers marriages, and in practice imposes or denies the benefits or penalties just mentioned on the basis of registration of marriage, or lack of it. The supernatural action on God's part of creating marriages is not a fit subject for such involvement on the state's part. The underlying exchange of marital consent by the parties is, by contrast, within the state's sphere of competence, but it is argued that the state should be tracking a broader category of relationships than just those involving the exchange of marital consent. It is suggested that all marriage law should be repealed, and replaced by an Australian-style law of de facto relationships. If the law deals with de facto relationships there is no need for it to be involved with the institution of marriage as well, and that institution can be left to flourish outside the state's grasp. The article goes on to respond to some possible objections.
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Putri, Ananda Yuliana, and Sutrisno Sutrisno. "Effectiveness Giving Marriage Dispensation To Suppress Increase Early Marriage During Covid-19 Pandemic." LIGAHUKUM 2, no. 2 (January 26, 2022): 181–95. http://dx.doi.org/10.33005/ligahukum.v2i2.119.
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Abstract
Result of the COVID-19 pandemic, which has not yet ended, has now penetrated into all sectors, in addition to having an impact on the health, economy, and tourism sectors, the COVID-19 pandemic has also impacted increase in underage marriages. Underage marriage can certainly cause various problems due to the incompetence of the prospective bride and groom. However, in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, underage marriages are permitted if they receive a marriage dispensation from a religious court, therefore study analyze the effectiveness of granting a marriage dispensation. The type of research used in this research is normative juridical with literature study. Based on the results of the study, the marriage dispensation was deemed less effective in suppressing the increase in the number of underage marriages. for the minimum age in marriage isthe determination of marriage dispensation is still given even though it is based on the judge's consideration. This of course must be taken into consideration by law makers in reviewing the effectiveness and interrelationships between one regulation and another.
Keywords: Marriage Dispensation, Underage Marriage, Marriage Law
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Garfes, Harry Pribadi. "Law Enforcement of Unregistered Marriage Practices in Indonesia Lawrence Meir Friedman’s Legal Effective Perspective." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (November 30, 2022): 515. http://dx.doi.org/10.30641/kebijakan.2022.v16.515-538.
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Unregistered marriage is an endless problem with non-optimal law enforcement. Meanwhile, the massive impact of unregistered marriage is dangerous and this practice is not committed by one or two people but involves many parties. This research aims to describe parties involved in unregistered marriages and their respective roles. In addition, it provides information regarding unregistered marriage regulations and sanctions and determines law enforcement for the parties involved. This normative research used case approach and statutory approach. The data collection technique is documentation and the analysis technique is deductive and inductive. The results of this study found several parties involved in unregistered marriages. These parties are: first, main actors such as illegal rulers, husbands, and wives or marriage guardians. Second, parties who participate, such as marriage witnesses, brokers, and jockeys. Unregistered marriages are regulated in chapter 1 paragraph (2), chapter 3 paragraphs (1 and 2) of Law no. 32/1954 concerning the enactment of Law no. 22 of 1946 concerning registration of marriages, divorces, and reconciliation in all regions outside Java and Madura, the sanctions are contained in chapter 4 and chapter 45 paragraph (1) letter (a) PP No. 9/1975 concerning the Implementation of Law no. 1/1974 on marriage. Law enforcement against the perpetrators of unregistered marriages has not been optimal.
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Desimaliati, Desimaliati. "LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA." Cepalo 6, no. 2 (November 15, 2022): 77–90. http://dx.doi.org/10.25041/cepalo.v6no2.2704.
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Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.
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Abd. Rahman Shaleh. "PROBLEM HUKUM HARTA WARISAN DALAM PERNIKAHAN SIRRI." Al-Hukmi : Jurnal Hukum Ekonomi Syariah dan Keluarga Islam 1, no. 1 (May 13, 2020): 69–89. http://dx.doi.org/10.35316/alhukmi.v1i1.741.
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The legal relationship between men and women in marriage is a legal relationship which in law always gives rise to legal rights and obligations. Both the husband’s rights or wife’s rights. All of which are clearly regulated in marriage in law number 01 of 1974 and compilations of islamic law. Legitimate marriages of state law are marriages registered in the state through the office of religious affairs or KUA. Whereas marriages that are not registered in a country are commonly reffered to as sirri marriages. Children born well in a legal marriage have inherent rights for children born namely inheritance rights. A legal problem arises where the inheritance rights cannot be clearly devided due to the vague legalism of the sirri marriage.
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Tambunan, Khairani Amalia, Sriono Sriono, and Risdalina Siregar. "Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (April 28, 2021): 2043–52. http://dx.doi.org/10.33258/birci.v4i2.1892.
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Sirri marriage is a marriage that is legal according to the viewpoint of the Islamic religion, while a legal marriage according to the provisions of Articles 1 and 2 of the Marriage Law is that apart from being carried out on the basis of religion it must also be registered. This study aims to determine the legal consequences for children resulting from unregistered marriages based on Islamic law and statutory regulations. This study uses an empirical juridical method, which is conducting field research, in order to support data related to this research by conducting research at the Religious Courts.. The results showed that Labuhanbatu Regency is an area where many people still carry out unregistered marriages or sirri marriages. This can be seen from the data from the Rantauprapat Religious Court from 2018 until now, there have been 53 recorded cases regarding under-handed marriages that have been ordained. So that the legal consequence of the child resulting from a Sirri marriage has the status of an out-of-wedlock child and he cannot accept the rights of the child as a child from a legal marriage based on the marriage law. In the life of the nation and state, all citizens are obliged to obey and be bound by the prevailing laws and regulations in Indonesia.
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Maelani, Dea Pitri, Ani Yumarni, and Innayatullah Abd Hasyim. "AKIBAT HUKUM ITSBAT NIKAH TERHADAP PERKAWINAN TIDAK DICATAT BERDASARKAN KOMPILASI HUKUM ISLAM PADA PENGADILAN AGAMA CIBINONG KELAS 1B." DE'RECHTSSTAAT 3, no. 1 (June 8, 2017): 89. http://dx.doi.org/10.30997/jhd.v3i1.712.
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In the district. Bogor many people who perform marriages were not registered. It is caused by several factors, one of which is the lack of knowledge of the importance of marriage registration. Then the problems that will be studied are: 1) how the foundation philosophy contained in the petition Ithbat Marriage under Law No. 3 of 2006 on the Religious Courts Cibinong Class 1B, 2) how the judge in the consideration granted Ithbat marriage on marriage were not recorded after the enactment of Law No. 1 Year 1974 on Marriage. The purpose of research is 1) to assess and determine the foundation philosophy contained in the authority of Judge cremate Ithbat marriage petition under the Act No. 3 of 2006 on the Religious Courts Religious Courts Cibinong Class 1B, 2) to study and know the judge in the consideration granted Ithbat marriage on marriage were not recorded conducted after the enactment of Law No. 1 Year 1974 on Marriage. The method used is the method of sociological juridical approach to data collection techniques of observation and interviews. Registration of marriages arranged in Paasal 2 paragraph (2) of Law No. 1 Year 1974 on Marriage. In absolute competence of the Religious Court, namely Article 49 of Law No. 3 In 2006 one of them is "a statement about the validity of marriages that occurred before the Act No. 1 Year 1974 on Marriage and executed according to other regulations. With reinforced with Compilation of Islamic Law, and consideration mashlahah mursalah Court judge granted the petition Ithbat Religion remains Nikah marriage that occurred after the enactment of Law No. 1 Year 1974 on Marriage.
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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i1.455.
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The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i2.455.
Full textAbstract:
The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
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Ditta Giarni Martha. "Kontradiktif Perkawinan Beda Agama Perspektif Undang-Undang Perkawinan dan Undang-Undang Administrasi Kependudukan." Jurnal Indragiri Penelitian Multidisiplin 4, no. 2 (March 5, 2024): 10–16. http://dx.doi.org/10.58707/jipm.v4i2.727.
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This research aims to examine the philosophical basis for the formation of the Marriage Law and the Population Administration Law in regulating interfaith marriages. This research uses a method using study literature, namely a method by collecting data from previous research results regarding interfaith marriages and processing the data to analyze it on the philosophical basis of the Marriage Law and the Population Administration Law. The results of this research show that in the Marriage Law the existence of the Marriage Law jo. Government Regulation no. 9 of 1975. Article 2 paragraph (1) of the Marriage Law clearly stipulates that: "Marriage is valid if it is carried out according to the laws of each respective religion and belief." This means that a marriage can be categorized as a valid marriage if it is carried out according to the laws of each religion and belief of the couple entering into the marriage. Meanwhile, in the Population Administration Law, the philosophical basis is based on the Pancasila philosophy and the 1945 Constitution. The state has an obligation to provide protection and recognition for the determination and personal status and legal status of population law events and important events experienced by Indonesian citizens in the region or outside the region. Indonesia.
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Idham, I., Liky Faizal, Abdul Qohar, and H. Hanif. "THE MARRIAGE PRACTICES OF INDIGENOUS PEOPLES OF LAMPUNG SEBATIN FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW IN INDONESIA." SMART: Journal of Sharia, Traditon, and Modernity 1, no. 1 (August 12, 2021): 65. http://dx.doi.org/10.24042/smart.v1i1.9816.
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This study analyzes the problems related to the existence of Lampung Sebatin Indigenous Marriages. Where the Lampung indigenous people Sebatin started a new life order in marriage combining custom and Islamic law. Marriage is divided into two ways, namely Nyakak/ Jujokh and Semanda marriages. The traditional marriage procedures have values and norms or rules. The problem in this research is how the practice of marriage and how the description of the relationship between customary law and Islamic law as well as positive law in Indonesia in the marriage of the indigenous community of Lampung Sebatin. The purpose of this study was to obtain information about: first, the practice of marriage traditional Lampung Sebatin procedures; and Second, positive law and Islamic law in the traditional marriage customs of Lampung Sebatin. This study uses the qualitative research method with a sociological legal approach that focuses on the process of implementing marriage based on Islamic law and customary law with predetermined objectives. The research data were obtained using the interview method conducted on the object of research or respondents. The findings of this study indicate that first, the practice of marriage traditional Lampung Sebatin in its implementation uses Islamic law, but there are several processions such as pre-marriage and after-marriage. Marriage Lampung traditional customs are Sebatin divided into two, namely Nyakak/ Jujokh and Semanda with the traditional stages before, the implementation customary stages and the customary stages after marriage and the pattern of settling after marriage. Second, the law of marriage in the teachings of the Islamic religion with the law on marriage, in the procedure of marriage, in Nyakak/ Jujokh and Semanda is general it can be said that line, in practice it is in accordance with the basis and reference, namely the law on marriage is al-Quran, al-Sunnah, Qaidah Fighiyah and Consensus (Ijma) of Muslims in Indonesia.Keywords: Marriage, Tradition, Lampung, Sebatin, Islamic Law
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Dewi Judiasih, Sonny, and Hazar Kusmayanti. "LEGAL PROTECTION AGAINST DOMESTIC VIOLENCE IN CHILD MARRIAGE." Jurnal Poros Hukum Padjadjaran 5, no. 2 (May 31, 2024): 203–18. http://dx.doi.org/10.23920/jphp.v5i2.1628.
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The aim of law enforcement is none other than to ensure that legal subjects obtain every right. One law enforcement that must be considered is in the field of family law in marriage law. Marriage of children under the age of 18 is vulnerable to domestic violence. This research will enforce legal protection against domestic violence in child marriages, whether legalized by the state or child marriages carried out through sirri marriages.. The method used is juridical qualitative with a descriptive approach and the data is processed in a qualitative juridical manner. The results of the study show that there are differences in the legal protection of victims of domestic violence in sirri child marriages. Legal child marriage and obtaining marriage dispensation can be protected by Law No. 23 of 2004 concerning the Elimination of Domestic Violence and other relevant laws and regulations. Meanwhile, the protection of domestic violence in a sirri / unregistered child marriage can only be subject to the Criminal Code and Law No. 35 of 2014 concerning Child protection.
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Nur Mustofa, Kholifatun. "TAUSIYAH PENDAKWAH DI YOUTUBE MENGENAI NIKAH SIRRI: INTERPRETASI DAN PENGAITAN HUKUM." Indonesian Journal of Shariah and Justice 1, no. 2 (December 29, 2021): 1–23. http://dx.doi.org/10.46339/ijsj.v1i2.7.
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Youtube is one of the means to spread preaching tausiyah; through Youtube, people can access tausiyah anytime and anywhere. One of the discussions offered was a lecture delivered by Mamah Dedeh and Ustadz Abdul Somad (UAS) about sirri marriage. The author uses the two preachers to focus the discussion and theme. First, the author uses YouTube as a research source. Then this paper focuses on discussing how the preacher interprets the sirri marriage. Do tausiyah Mamah Dedeh and UAS convey sirri marriage by linking Islamic law and state law? The results of the author's search, Mamah Dedeh understands that the context of sirri marriages being carried out today is different from the sirri marriages applied by the prophet, sirri marriages carried out by the community today are marriages that are carried out secretly, even the conditions of marriage are not all fulfilled. So the marriage is invalid because it does not meet the requirements. Regarding the delivery of a lecture linking state law and Islamic law, Mamah Dedeh was firm in conveying that a marriage that meets the pillars and conditions is not enough. He emphasized that in Indonesia, there are regulations regarding the registration of marriages that protect women. Meanwhile, UAS does not link state law and Islamic law. UAS advises not to do unregistered marriages because there are many harmful effects for women.
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Sidiqah, Meliyani. "LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA." IBLAM LAW REVIEW 3, no. 1 (January 30, 2023): 99–110. http://dx.doi.org/10.52249/ilr.v3i1.119.
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The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.
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Sri Maryati, Hudzaifah Achmad, Adang Darmawan Achmad, and Mohd Anuar Ramli. "The Dynamic Landscape of Interfaith Marriage in Indonesia: Navigating The Supreme Court Circular Letter (SEMA) No. 02 of 2023 and Population Administration Law." Daengku: Journal of Humanities and Social Sciences Innovation 4, no. 3 (May 31, 2024): 489–502. http://dx.doi.org/10.35877/454ri.daengku2613.
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The issue of interfaith marriage in Indonesia is rooted in the legal conflict between Article 2, paragraph (1) of Law No. 1/1974 on Marriage, which regulates the legality of marriage based on religious law, and Articles 34 and 35 of Law No. 23/2006 on Citizenship Administration. Articles 34 and 35 of Law No. 23/2006 state that a valid marriage is one that is reported and registered, with Article 35(a) stipulating that the court determines the validity of a marriage. The incompatibility of these regulations regarding interfaith marriages has affected legal interpretation, resulting in discrepancies in judicial decisions. In response, the Supreme Court issued Circular Letter No. 2 of 2023, providing guidance for judges in adjudicating cases involving the registration of marriages between individuals of different religions and beliefs. This circular aims to ensure certainty and consistency in the application of the law in such cases. However, this regulation has sparked debate among legal experts. This research adopts a qualitative approach and is analyzed descriptively. The findings indicate that conflicting legal interpretations regarding interfaith marriages lead to differences of opinion among judges on the validity of such marriages. Moreover, inconsistencies in the legal framework governing interfaith marriage in Indonesia result in conflicts of legal interpretation. The primary cause of the ineffectiveness of Indonesia's interfaith marriage law is due to substantive legal considerations. Disagreements between legal systems lead to disputes among legal entities and impact interfaith marriages within society.
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Gufron, Dede Muhammad. "Unregistered Marriage and the Legal Impact, A Book Review “Kepastian Hukum Perkawinan Siri dan Permasalahannya” Zainuddin SH MH & Afwan Zanuddin SH MH, Deepublish Yogyajarta, 95 Pages, ISBN: 978-602-435-120-1." Indonesian Journal of Advocacy and Legal Services 3, no. 2 (September 30, 2021): 257–62. http://dx.doi.org/10.15294/ijals.v3i2.34776.
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This book explains the legal certainty aspects of unregistered marriages in Indonesia. Unregistered marriages have many implications, especially with regard to law, child status, and inheritance. The book "Kepastian HukumPerkawinan Siri & Permasalahannya", explaina how is the connection between the Islamic law and the State law in marriage cases and how unregistered marriage is most certainly a bad thing. The book also explains what effects and consequences that caused by the unregistered marriage according to law.
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Zainuddin, Asriadi, Abdul Jamil, and Dedi Sumanto. "Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage)." SASI 28, no. 3 (October 13, 2022): 492. http://dx.doi.org/10.47268/sasi.v28i3.1033.
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Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.
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Dariyo, Agoes, Mia Hadiati, and R. Rahaditya. "Pemahaman Undang-Undang Perkawinan terhadap Penundaan Perkawinan Usia Dini di Indonesia." Journal An-Nafs: Kajian Penelitian Psikologi 5, no. 1 (June 1, 2020): 25–37. http://dx.doi.org/10.33367/psi.v5i1.928.
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Early age marriages have become widely reported through various media both print and electronic media, because early marriage is one of the causes of divorce in Indonesia. Divorce due to early marriage raises social problems in the community, such as high dropout rates for students, poverty, crime. The emergence of early marriage is caused by the low awareness of adolescents to understand Law number 1 of 1974 concerning marriage. This study discusses the understanding of law number 1 of 1974 concerning marriages which plays a role for adolescents to postpone early marriage in Indonesia. This research method uses a quantitative approach, involving 213 adolescent subjects with an age range of 17-22 years. Retrieval of data using a questionnaire that is the attitude of understanding marriage law, life satisfaction, resilience, and delaying early marriage. Analysis of research data using Spearman RHO correlation and non-linear regression. The results showed that the attitude of understanding marital law plays a role in delaying early marriage in adolescents in Indonesia.
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Maulana, Achmad Bilal, and Muh Jufri Ahmad. "TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PERKAWINAN BEDA AGAMA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 1068–88. http://dx.doi.org/10.53363/bureau.v2i3.82.
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This writing aims to examine the similarities and differences between Islamic legal perspectives and positive legal perspectives on marriage problems of different religions or beliefs. The method used is qualitative, with a comparative approach. Literature study or literature study, which contains studies of relevant theories with interfaith marriage problems. This writing is normative formal juridical and also includes descriptive research, in studying Islamic principles, interfaith marriages are divided into three parts: marriage between Muslim men and girls who are not Muslim (Non-Muslim), marriage between Muslim men and women. Kitab, and the marriage of Muslim women to women. Men who are not Muslim (Non-Muslim). From a regulatory perspective, law enforcement is not strengthened in Indonesia, therefore Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI) is a constitutional law that prohibits other marriages. Therefore, the Office of Religious Affairs (KUA) and Marriage at the Civil Office (KCS) does not want to carry out different marriage administration data collection.
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& Ilham, Iswandi, Misbahuddin. "ISBAT NIKAH MUALLAF DALAM KONTEKS PLURALISME (ANALISIS PUTUSAN NOMOR 0062/PDT.P/2016/PA.JR)." Al-Qadha 7, no. 1 (July 29, 2020): 29–42. http://dx.doi.org/10.32505/qadha.v7i1.1523.
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Judge's Decision Number 0062/Pdt.P/2016.Jr contains a discussion about the determination of muallaf marriage. The marriage procession was initially carried out in a Catholic way and was recorded at the Civil Registry Office, after the passage of time the husband chose to convert to Islam and wanted to have an official marriage book with the law. applicable, then submit a request for marriage Isbat to the Jember Religious court then the decision was issued. The purpose of this study is to describe judges' considerations, review Islamic law and analyze the determination of judges in case Number 0062/Pdt.P/2016/PA.Jr in the context of pluralism. The method in this study, using qualitative methods with a Normative Juridical approach. The results of this study are the first Isbat Marriage Marriage or different religious marriages according to the law that has been regulated in regulations Number 1 of 1974 Regarding marriage and ratified on the basis of the Law of Mixed Marriage Ordination Stb. 1898 Number 158. Second According to Islamic law interfaith marriages are permissible if certain conditions are adjusted to the existing provisions and adhere to the shari'ah that has been believed. Third, according to the view of pluralism of different marriages. Religion shows the attitude of tolerance in this plural society.