NIKAH SIRI (UNREGISTERED MARRIAGE) AND LEGALITY OF MARRIAGE (SOCIAL AND LEGAL IMPACTS OF NIKAH SIRI IN INDONESIA)

Rasta Kurniawati Br. Pinem

Abstract


Marriage in Islam has some conditions and pillars, if fulfilled then the law of the marriage is valid. It is different from the marriage regulations in Indonesia that state a marriage is not registered with an authorized official, then the marriage has no legal force. The law in Indonesia regulates the procedures for a marriage that is valid according to religion and law. A legal marriage will have social and legal impacts on both partners.

The purpose of writing this article is to explain the validity and legality of unregistered marriages, as well as their impact on society and law.

This article used qualitative legal research and normative research. specifically describing legal problems and legal systems.

Conventional Islamic legal concept, a marriage is valid if it meets the conditions and pillars. Law Number 1 of 1974 as amended by Law Number 16 of 2019 concerning Marriage states that a marriage is valid if carried out according to the laws of each religion and belief. In chapter 11 of Government Regulation Number 9 of 1975 it states: "Every marriage must be recorded in the applicable laws and regulations". A legal marriage has legal force if it is carried out according to religious rules and registered by a marriage registrar. The aims "to ensure order for society, both partners get a legal umbrella, and the perpetrators are socially protected".


Full Text:

PDF

References


Aminah, S. (2014). The Law of Underhand Marriage (Siri Marriage). Cendikia

Arikunto, S. (2010). Research Procedures. Yogyakarta.

Burhamzah, OD (2016). Siri Marriage in the Perspective of National Marriage Law. University of Bengkulu Law Journal (UBELAJ).

Citra Qurani Gunawan, SJ (2024). Legal Consequences and Social Impacts of Siri Marriage on Women and Children According to the Compilation of Islamic Law and Marriage Law. SAMAWA Journal of Islamic Family Law.

Endang Zakaria, MS (2021). Secret Marriage According to Islamic Law and Positive Law. KORDINAT Vol. XX No.2

Erwinsyahbana, T. (2018). Legal Aspects of Interfaith Marriage and Its Legal Problems. Journal of Legal Science.

Fanreza, R. (2017). Islamic Religious Education in the Family of Permanent Lecturers of Al-Islam and Muhammadiyah at the Muhammadiyah University of North Sumatra. Intiqad Journal of Religion and Islamic Religious Education.

Gunawan, E. (2013). Secret Marriage and Its Legal Consequences According to the Marriage Law. As-Syir'ah Scientific Journal. https://tarjih.or.id/hukum-nikah-sirri/. (2016). The Law of Siri Marriage. Yogyakarta: Suara Muhammadiyah.

I'lam al-Muwaqqi'in. (tt). In J. III.

Kharisudin. (221). Secret Marriage in the Perspective of the Compilation of Islamic Law and the Indonesian Marriage Law. Perspective.

Manzur, A. a.-F.-D.-A. (1990). Oral Al-Arabic. Bairut: Dar Saidir.

Mela Arnani, RS (2022). What is a Secret Marriage, Definition, Impact, and Law in Indonesia? https://www.kompas.com/tren/read/2021/09/22/183000865/apa-itu-nikah-siri-pengertian-dampak-dan-hukumnya-di-indonesia?page=all.

Mohamad Irvan Fahrizal Ginintu, NM (2024). The Role of KUA in Overcoming Unregistered Marriages (Siri Marriage) in Kota Tengah District, Gorontalo. Deposition: Journal of Legal Science Publication.

Law Number 1 of 1974.

Yusuf, M. (2019). The Impact of Siri Marriage on the Family. At-Taujih, 13




DOI: https://doi.org/10.3059/insis.v0i0.23582

DOI (PDF): https://doi.org/10.3059/insis.v0i0.23582.g13444

Refbacks

  • There are currently no refbacks.