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Journal articles on the topic 'Marriage law – Indonesia'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

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1

Mariani, Mariani. "KEDUDUKAN PERKAWINAN BEDA AGAMA DAN PERKAWINAN CAMPURAN DI INDONESIA." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 19, no. 1 (June 29, 2020): 84. http://dx.doi.org/10.18592/al-banjari.v19i1.3821.

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There are two categories of mixed marriages in Indonesia, namely mixed marriages between religions / different religions and mixed marriages across countries / different nationalities. This research method using descriptive-analytical method. The conclusions are: Mixed marriages carried out in Indonesia refer to the applicable marriage laws in Indonesia. In order to carry out mixed marriages between Indonesian citizens and citizens of other countries, in general the requirements for marriage as regulated in the marriage law must first be met; Mixed marriages across countries, namely marriages

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2

Judiasih, Sonny Dewi, Susilowati Suparto, Anita Afriana, and Deviana Yuanitasari. "WOMEN, LAW AND POLICY: CHILD MARRIAGE PRACTICES IN INDONESIA." NOTARIIL: Jurnal Kenotariatan 3, no. 1 (July 6, 2018): 47. http://dx.doi.org/10.22225/jn.3.1.647.47-55.

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Child marriages are common throughout Indonesia. This is due to a strong influence of Indonesian customs and religion that strongly influence the lives of its people. It is worth pointing that marriage age arrangements in Indonesian Marriage Law reinforces that legal age for men is 19 years and 16 years for women. The 2012 statistics show that Indonesia is the 37th highest in the world in child marriage, while at the Southeast Asian level, this country ranks second after Cambodia. The ranking went up dramatically since in 2016, based on UNICEF, Indonesia ranked the 7th in child marriage worldw

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3

Alfin, Aidil, and Busyro Busyro. "NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (February 22, 2018): 60–78. http://dx.doi.org/10.24090/mnh.v11i1.1268.

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The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind

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4

Rahajaan, Jacobus Anakletus. "Legalitas Pernikahan Siri di Indonesia." PUBLIC POLICY (Jurnal Aplikasi Kebijakan Publik & Bisnis) 1, no. 1 (February 19, 2020): 61–75. http://dx.doi.org/10.51135/publicpolicy.v1.i1.p61-75.

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Abstract This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The rese

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5

Fatimah Zuhrah, Muhammad Jailani, Mulia Siregar,. "Islamic Legal Protection of Child's Rights in Polygamous Marriage in Indonesia." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5195–200. http://dx.doi.org/10.17762/pae.v58i1.1773.

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The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementati

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6

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

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7

Nisa, Eva F. "THE BUREAUCRATIZATION OF MUSLIM MARRIAGE IN INDONESIA." Journal of Law and Religion 33, no. 2 (August 2018): 291–309. http://dx.doi.org/10.1017/jlr.2018.28.

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AbstractThe phenomenon of “secret” (siri) Muslim marriages—marriages that are conducted without state recognition—has become a hotly debated topic in Indonesia, particularly since the emergence of Muslim marriage agencies that organize unregistered online marriages. The issue is particularly contested between the state, women's activists, legal activists, and religious leaders. This article analyses the current efforts of the Indonesian state to bureaucratize Muslim marriages by insisting that unregistered marriages need to be registered with the state, and the societal responses to such regul

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8

Wahab, Abdul Jamil, Fakhruddin Fakhruddin, and Mustolehudin Mustolehudin. "MARRIAGE PROBLEMS OF INDONESIAN CITIZENS LIVING IN THE NETHERLANDS UNDER THE PERSPECTIVE OF MARRIAGE LAW." Analisa: Journal of Social Science and Religion 3, no. 02 (December 28, 2018): 255–77. http://dx.doi.org/10.18784/analisa.v3i02.662.

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The present study described the process and the problems of marriage registration for Indonesian citizens who live in the Netherlands. Through qualitative approach, the study found that the marriage for Indonesian brides and grooms who are Muslim in Den Haag had been recorded by the Embassy of the Republic of Indonesia in the country. The process of delivering marriage service in the Embassy had been simple and easy if the bride and grooms were able to provide the marriage requirements. On the other hand, mixed-marriages were unable to be recorded in the Embassy; however, these mixed-marriages

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9

Wahyuni, Sri. "Kontroversi Perkawinan Beda Agama di Indonesia." Al-Risalah 11, no. 02 (December 1, 2018): 14. http://dx.doi.org/10.30631/al-risalah.v11i02.466.

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This article discusses the law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66

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10

Mardiono, Eko. "Pernikahan Dini Dalam Hukum Perkawinan di Indonesia." Musãwa Jurnal Studi Gender dan Islam 8, no. 2 (July 31, 2009): 223. http://dx.doi.org/10.14421/musawa.2009.82.223-244.

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Contemporary Indonesians witness the rise of the popularity of marriage of the minors, despite the application of the Indonesian Marriage Law no 1/1974 that forbids child marriages for decades. The enactment of the Law decades ago was meant to be a social engineering mean to erase the practice of child marriage with social compromises. Recent research in medical studies show that there is significantly high risk for young women under 18 years old who do sexual intercourse to be infected with servick cancer. Many other research on child marriage using psychological and social approaches also su

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11

Masruhan, Masruhan. "Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah." Al-Tahrir: Jurnal Pemikiran Islam 13, no. 2 (November 1, 2013): 233. http://dx.doi.org/10.21154/al-tahrir.v13i2.15.

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Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getti

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12

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 r

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13

Hedi, Fathol, Abdul Ghofur Anshori, and Harun Harun. "Legal Policy of Interfaith Marriage in Indonesia." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 263. http://dx.doi.org/10.20956/halrev.v3i3.1297.

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Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parl

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14

Soebandi and Benny Haryono. "Perkawinan Beda Agama Yang Dilakukan Di Luar Negeri Berdasarkan Hukum Positif Di Indonesia." Jurnal Ilmiah Raad Kertha 3, no. 1 (July 9, 2020): 69–87. http://dx.doi.org/10.47532/jirk.v3i1.169.

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Every religion has provisions governing marriage, so everyone must obeyand be asked for their respective religions. Every Indonesian citizen who marries mustgo through their respective religious institutions. Because marriages based on birthbonds can be accepted as valid, it has been agreed to fulfill in Article 2 paragraph (1) ofLaw Number 1 of 1974, how legal marriages are conducted according to the law of eachreligion and its beliefs. Therefore, marriages must be carried out according to the law ofeach religion and belief, otherwise the marriage is not valid. While all religions inIndonesia

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15

Heriawanto, Benny Krestian. "INTERFAITH MARRIAGES BASED ON POSITIVE LAW IN INDONESIA AND PRIVATE INTERNATIONAL LAW PRINCIPLES." UNIFIKASI : Jurnal Ilmu Hukum 6, no. 1 (August 20, 2019): 94. http://dx.doi.org/10.25134/unifikasi.v6i1.1571.

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This study intends to find out the legitimacy of interfaith marriages according to positive law in Indonesia and private international law, especially marriages held abroad between Indonesian citizens or with a foreign national. The method used in this study was a normative juridical through a legislation approach. Basically, marriages held in Indonesia must follow the provisions of Article 2 jo. Article 56 of Law No. 1 of 1974 concerning marriage. The results of the analysis revealed that interfaith marriages cannot be held either in Indonesia or abroad since they conflict with the principles

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16

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

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17

Romli, Muhammad, Thohir Luth, Rachmi Sulistyarini, and Siti Hamidah. "Legal Status of Overseas Marriage Registration in the Perspective of Indonesian Marriage Law." Technium Social Sciences Journal 14 (November 25, 2020): 260–65. http://dx.doi.org/10.47577/tssj.v14i1.2077.

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This study aims to analyze the legal status of overseas marriage registration from the perspective of Indonesian marriage law. Law Number 16 of 2019, amendments to Law Number 1 of 1974 concerning Marriage, states that marriages conducted by Indonesian citizens outside Indonesia are legal if carried out according to law. which applies in the country where the marriage is taking place and for Indonesian citizens does not violate the provisions of the Marriage Law. Furthermore, within 1 (one) year after the husband and wife return to the territory of Indonesia, proof of their marriage must be reg

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18

Judiasih, Sonny Dewi, Nazmina Asrimayasha Nugraha, and Luh Putu Sudini. "Prohibition of Intera Religion Marriage in Indonesia." Jurnal Dinamika Hukum 19, no. 1 (January 8, 2019): 186. http://dx.doi.org/10.20884/1.jdh.2019.19.1.2462.

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As a country with Pancasila as the philosophy, the first pillar is believing in God the One, therefore marriage is closely related to the issue of religion. Law number 1 in 1974 on Marriage stated that a marriage should be done by two people with the same religion and beliefs. Inter-religion marriage between Indonesian citizens in foreign states violate the regulations found in article 2 paragraph (1) and article 56 paragraph (1) of Law number 1 in 1974 on Marriage. The problems analyzed in this paper are: first, the legal status of inter-religion marriage in law system of Indonesia; and secon

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19

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 un

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20

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 un

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21

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

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22

Penasthika, Priskila Pratita. "Hukum Perkawinan di Indonesia (Marriage Law in Indonesia)." Indonesia Law Review 2, no. 1 (January 1, 2012): 111. http://dx.doi.org/10.15742/ilrev.v2n1.65.

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23

Maula, Bani Syarif. "Perlindungan Perempuan dalam Hukum Perkawinan di Indonesia." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 1 (July 23, 2019): 14–38. http://dx.doi.org/10.24090/yinyang.v14i1.2825.

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The Indonesian Constitutional Court granted part of the claim for the judicial review lawsuit on Law No. 1 of 1974 concerning Marriage for Article 7 Paragraph 1 related to the age of marriage. The article is considered discriminatory against women and is considered legalizing child marriages because the lowest age limit for women can be married is 16 years old, different from the lowest age limit for men, 19 years old. The global consensus on the need to abolish early marriage, forced marriage, and child marriage is actually made and agreed upon by UN member countries, including Indonesia. The

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24

Muttaqin, Muhammad Ngizzul. "UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 149. http://dx.doi.org/10.29300/mzn.v7i2.3396.

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The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although

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25

Sainul, Ahmad. "KONSEP PERJANJIAN PERKAWINAN DI INDONESIA." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 4, no. 1 (June 30, 2018): 61–73. http://dx.doi.org/10.24952/el-qonuniy.v4i1.1827.

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Marriage records related to the legal consequences of national law to date still reap a lot of disagreements.The issue of unfinished marriage recording to date is about whether or not marriage is legal if not recorded. According to the conventional Islamic law based on the concepts of the Jurisprudence book that the recording of marriage is not necessary.But different in Law No.1 Year 1974 About Marriage, Government Regulation of Republic Indonesia No. 9 Year 1975 About Implementation of Act No.1 Year 1974 About Marriage Presidential Instruction No. 1 Year 1991 About Compilation of Islamic Law

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Latupono, Barzah. "Pencatatan Perkawinan Di Indonesia Dikaitkan Dengan Good Governance." SASI 24, no. 2 (February 28, 2019): 150. http://dx.doi.org/10.47268/sasi.v24i2.129.

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Marriage registration carried out by marriage registrar employees is often not in accordance with the rules set out in the Act. The law requires that the marriage record be carried out if it has fulfilled the legal requirements for marriage. There are cases of marriages that do not meet the legal requirements of marriage and there are also marriages that meet the legal requirements of marriage but are not stated. State apparatus in various service sectors, especially those concerning the fulfillment of civil rights and basic needs of the community, must be carried out in accordance with the ma

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27

Siahaan, Hotman. "PERKAWINAN ANTAR NEGARA DI INDONESIA BERDASARKAN HUKUM PERDATA INTERNASIONAL." Solusi 17, no. 2 (May 1, 2019): 140–53. http://dx.doi.org/10.36546/solusi.v17i2.174.

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Marriage is a legal event when the marriage is a legal marriage. The development of science and technology that so rapidly bring the influence on the easier possibility of relations between human beings, between ethnic groups, and between countries in all aspects of life. One of the effects is mixed marriage phenomenon between spouses of different citizenship, including on Indonesian workers with foreign workers. Different nationalities marriage often raises a problem, especially related to the process of marriage registration that will take place, whether in the country of origin of a prospec

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Syahrul, Syahrul, and Evie Syalviana. "Unification of Marriage Law and Its Problems." TASAMUH: Jurnal Studi Islam 12, no. 2 (September 14, 2020): 421–32. http://dx.doi.org/10.47945/tasamuh.v12i2.255.

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Abstrak Law is a normative rule that govern human behaviors. The development of law as rule is not stagnant in one situation. But, its grew out from the awareness of society that requires the existence of law. Therefore, law always adopts the values that grow in society like; customary law, traditions and religions law. The consequences of laws as social and cultural products, even products of political ideology, making law is always contextual with the reality of society. This article try to understand the unification of marriage law in Indonesia and the problems that arise in the unifi

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Lon, Yohanes S. "The Legality of Marriage According to Customary, Religion and State Laws: Impacts on Married Couples and Children in Manggarai." Jurnal Dinamika Hukum 19, no. 2 (December 22, 2019): 302. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2429.

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This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the

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30

Zainuri, Sulkhan. "Status Perkawinan Suami Istri Pasca Pembatalan Perkawinan Islam Di Indonesia." Ulumuddin : Jurnal Ilmu-ilmu Keislaman 9, no. 1 (November 23, 2019): 23–48. http://dx.doi.org/10.47200/ulumuddin.v9i1.285.

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the material law for the cancellation of Islamic marriages in Indonesia still requires further research considering there is a pluralism of regulations relating to it, namely Undang-undang no. 1 tahun 1974 concerning Marriage and Compilation of Islamic Law. This literature research study concludes that there is a dualism in terms of the termination of marriage in legislation, namely; the marriage is null and void and the marriage can be canceled so that it affects the legal status of husband and wife. However, due to the laws that are regulated remain the same, which is related to the status o

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Septiandani, Dian, Dharu Triasih, and Dewi Tuti Muryati. "Kontruksi Hukum Perkawinan Beda Agama Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia." Hukum dan Masyarakat Madani 7, no. 1 (January 5, 2017): 40. http://dx.doi.org/10.26623/humani.v7i1.1021.

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<p>Perkawinan beda agama adalah perkawinan antara pria dan wanita yang keduanya memiliki perbedaan agama atau kepercayaan satu sama lain. Perkawinan beda agama bisa terjadi antar sesama WNI yaitu pria WNI dan wanita WNI yang keduanya memiliki perbedaan agama/ kepercayaan juga bisa antar beda kewarganegaraan yaitu pria dan wanita yang salah satunya berkewarganegaraan asing dan juga salah satunya memiliki perbedaan agama atau kepercayaan. Permasalahan pada penelitian ini ialah kajian hukum perkawinan beda agama dalam perspektif hukum Islam dan hukum positif di Indonesia menurut Hukum Islam

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Umar, Dr H. "ACTUALIZATION OF ISLAMIC LAW IN MODERN LEGISLATION." International Journal of Research -GRANTHAALAYAH 7, no. 6 (June 30, 2019): 213–22. http://dx.doi.org/10.29121/granthaalayah.v7.i6.2019.798.

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Islamic law in the form of legislation in Indonesia is that which is legally binding on the constitution, even its binding capacity is broader. Therefore, as an organic regulation, sometimes it is not elastic to anticipate the demands of the times and change. For example, Law Number 1 of 1974 concerning Marriage. The law contains Islamic law and is binding on every citizen of the Republic of Indonesia. Problems that occur such as in Jambi Province at this time the fiqh law which is very broad in its scope is worthy of being called "Islamic law" is marriage law, inheritance law and waqf l

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Umarama, Idrus, Agus Hamzah, Jamaludin Al Ashari, Arie Widyantoro, and Faradina Mar’atus Shofia. "COMPARISON MUT'AH MARRIAGE ACCORDING TO ISLAMIC LAW AND NATIONAL LAW." Jurnal Pembaharuan Hukum 7, no. 3 (December 30, 2020): 262. http://dx.doi.org/10.26532/jph.v7i3.13490.

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Mut'ah marriage or temporary marriage or what is known as contract marriage is a phenomenon that often occurs in Indonesia, this problem must be anticipated because it is detrimental to women and has been forbidden by the Indonesian Ulama Council. The research method used is a normative juridical approach. Normative research or also known as literature law research is legal research carried out by examining library materials or secondary data. The results of the research found stated that Mut’ah marriage is temporary marriage, the Prophet Muhammmad S.A.W has justified the mut’ah marriage for t

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Ade Witoko, Prasetyo, and Ambar Budhisulistyawati. "PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA." Jurnal Hukum dan Pembangunan Ekonomi 7, no. 2 (August 2, 2019): 251. http://dx.doi.org/10.20961/hpe.v7i2.43015.

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<p>Abstract <br />This article aims to find out about interfaith marriage arrangements carried out through legal smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this research is the legislative approach. The result of the article is that marriage according to the Marriage Law is a marriage carried out according to each religion and belief. So tha

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Aji, Koesmoyo Ponco, and Aditya Tri Kurniawan. "FEARING EKSISTENCE OF ARTICLE 135 OF THE INDONESIAN IMMIGRATION LAW RELATED TO PROOFING OF FALSE MARRIAGE AT IMMIGRATION CRIME." Jurnal Ilmiah Kajian Keimigrasian 1, no. 2 (November 24, 2018): 107–17. http://dx.doi.org/10.52617/jikk.v1i2.28.

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  Pseudo-marriage or false marriage is one type of crime that is difficult to prove, so that until now there has never been a case of pseudo marriages stated by the prosecutor's office that the enforcement of immigration laws related to pseudo marriages is in Article 135 of Law No. 6 of 2011 concerning immigration has never been done, although there have been many suspected cases of pseudo-marital acts. This is because both Foreign Citizens as Indonesian actors and Citizens who are wives or husbands who are made guarantor after making legal marriages in obtaining immigration docume

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Ichsan, Muchammad. "THE LEGALITY OF INTERRELIGIOUS MARRIAGE IN THE PERSPECTIVE OF ISLAMIC LAW AND INDONESIAN POSITIVE LAW." Profetika: Jurnal Studi Islam 17, no. 02 (October 12, 2017): 82. http://dx.doi.org/10.23917/profetika.v17i02.5300.

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This study aims at examining the legality of interreligious marriage according to Islamic law and Indonesian positive law. To reach the goal set by this research, a descriptive method is used in the writing while an analytical method is employed to scrutinize the relevant problems. This study finds that interreligious marriage has spread widely among Indonesians that it has now become a phenomenon. However, Islam does not recognize a Muslim woman's marriage unless she is married by a man belonging to the same religion, i.e. a Muslim. A Muslim man is not permitted to marry a mushrik (polytheist

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Sukindar, Sukindar. "KETENTUAN PENGATURAN KAWIN KONTRAK DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA." LEGALITAS 5, no. 1 (July 8, 2020): 113. http://dx.doi.org/10.31293/lg.v5i1.4751.

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Contract marriages are one of the 3 types of marriages known in Indonesia. As it is known that contract marriages are marriages made by certain parties with specific aims and objectives and within a certain period of time. So the marriage is actually a marriage that is not appropriate and deviates from the noble purpose of the actual marriage, which is to form an eternal household and only seek the pleasure of God, in accordance with the provisions as regulated in applicable laws in Indonesia.Therefore, the purpose of this paper is to find out the actual arrangements related to the practice of

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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

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Al Amin, M. Nur Kholis. "PERKAWINAN CAMPURAN DALAM KAJIAN PERKEMBANGAN HUKUM: ANTARA PERKAWINAN BEDA AGAMA DAN PERKAWINAN BEDA KEWARGANEGARAAN DI INDONESIA." Al-Ahwal: Jurnal Hukum Keluarga Islam 9, no. 2 (July 31, 2017): 211. http://dx.doi.org/10.14421/ahwal.2016.09206.

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Marriage in the Islamic legal study in Indonesia introduces a discussion of mixed marriages. In the understanding of classical fiqh, when dealing with the term of mixed marriage, the paradigm will lead to the understanding of different religion marriage. However, along with the development and the increasingly existing Islamic law in Indonesia based on the theory of legal existence, mixed marriage is not only limited to a marriage due to religious differences, but there is also a marriage due to citizenship differences as defined in the Marriage Law.[Perkawinan dalam kajian studi hukum Islam d

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Diningrat, Nina, Yaswirman Yaswirman, and Yoserwan Yoserwan. "Authority of State Lawyers in Application for Cancellation of a Marriage, Reviewed From Law Number 16 of 2004 Concerning the Attorney General's Office." International Journal of Multicultural and Multireligious Understanding 7, no. 6 (September 23, 2020): 613. http://dx.doi.org/10.18415/ijmmu.v7i6.1959.

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Cancellation of same-sex marriage is a marriage that violates the conditions for a marriage and based on Article 26 of Law Number 1 of 1974 concerning Marriage, the State Attorney General has the authority to cancel the marriage. It's just that this authority is not clearly regulated in Law Number 1 of 1974 concerning Marriage and other marriage regulations in Indonesia. The cancellation of a marriage does not happen automatically, but must go through a court, which is submitted by the authorized parties to apply for a marriage cancellation as provided for in Articles 23 and 26 paragraph (1) o

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Sulchan, Achmad, and Nurmalia IW. "JURIDICAL REVIEW OF RIGHT OF ACCESS TO LAND FOR INDONESIAN WOMEN CITIZEN WHO ARE BOUND BY MIXED MARRIAGE LAW (CASE STUDY DECISION OF THE CONSTITUTIONAL COURT NUMBER: 69 / PUU XIII / 2015)." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 222. http://dx.doi.org/10.26532/jph.v4i2.1738.

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ABSTRACTMixed marriages are marriages involving a race between nations, therefore, marriage is also subject to the principles applicable in the Indonesian Law and International Law. Mixed marriage has penetrated the whole of Indonesia . Notary role in making the deeds relating to pernjanjian marriage, inheritance etc.Dealing with the issue of marriage between men and women WNA WNA especially about women's access rights to land for the citizen and problems. Therefore, the authors take the title on the Juridical Review of the Acquisition of Land Rights for Women Bound citizen Mixed Marriage (Cas

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Lestari, Maryana, and Septhian Eka Adiyatma. "Marriage Cancelled, What about the Rights for Children?" Indonesian Journal of International Clinical Legal Education 2, no. 2 (June 5, 2020): 167–80. http://dx.doi.org/10.15294/ijicle.v2i2.38172.

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Marriage regulations have been regulated in detail through Law No. 16 of 2019 which is a renewal of Law No. 1 of 1974 regarding marriages in several articles changed and followed by other supporting rules. In the State of Indonesia the marriage system adheres to the concept of absolute monogamy, only for the marriage of one husband and one wife. As a result of cultural and religious uniformity, there is a difference in the application of law in Indonesia, the application of national law that applies the concept of absolute monogamy is the implementation of Christian religion. Islam also contri

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Tabroni, Imam, Hisam Ahyani, and Dian Permana. "Philosophical Review of Materialism and Idealism Limits of Wedding Age in Indonesia; Study of Article 7 Paragraph (1) of Law 16 of 2019 jo. Law 1 of 1974 concerning Marriage." Muttaqien; Indonesian Journal of Multidiciplinary Islamic Studies 2, no. 01 (January 23, 2021): 1–20. http://dx.doi.org/10.52593/mtq.02.1.01.

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This research departs from a juridical confusion regarding the ideal of a person going to get married, where the age of marriage with other provisions regarding age, namely, in terms of philosophical Materialism and Idealism of Marriage Age in Indonesia. Whereas in Indonesian Law on Marriage Marriage is only permitted if men and women have reached the age of 19 (nineteen) years. The purpose of this study is to find out the philosophical review of materialism and idealism of marriage age in Indonesia, with the article 7 paragraph (1) for 16 of 2019 jo. u 1 year 1974 regarding marriage). The con

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Watungadha, Cornelis Hendra, Muhammad Arfah P, and Yulia A. Hasan. "ANALISIS PENETAPAN HAKIM DALAM PEMBERIAN IZIN PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI MAKASSAR." Indonesian Journal of Legality of Law 2, no. 1 (December 9, 2019): 13–17. http://dx.doi.org/10.35965/ijlf.v2i1.139.

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Penelitian ini bertujuan untuk mengidentifikasi pemberian izin perkawinan beda agama. Penelitian menggunakan metode kualitatif, yang bersumber dari data informan kunci, dokumen-dokumen dan wawancara serta bahan-bahan dari pustaka yang berlaku dan berkaitan dengan pemberian izin nikah beda di Pengadilan Negeri Makassar. Hasil penelitian menun-jukkan bahwa fenomena perkawinan beda agama yang terjadi di kalangan masyarakat Indonesia bisa menimbulkan berbagai macam permasalahan dari aspek hukum dan lingkungan masyarakat. Perkawinan beda agama menurut Undang-Undang No 1 Tahun 1974 adalah perkawinan

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Rohman, Ahmad Fadoli. "Studi Yuridis-Sosiologis terhadap Problematika Perkawinan Sejenis di Kantor Urusan Agama (KUA) Kecamatan Ajung Kabupaten Jember Tahun 2017." Panangkaran: Jurnal Penelitian Agama dan Masyarakat 3, no. 2 (August 15, 2020): 51. http://dx.doi.org/10.14421/panangkaran.2019.0301-04.

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Same-sex marriage is not recognised within Indonesian laws and constitution. The Indonesian Marriage Law, Law No.1/1974, does not give any loophole for same sex couples in Indonesian to officially legalised their marriage. However, there are ways and efforts done by same sex couple in Indonesia to get around this prohibition. Among the most common ways done by these couples to have their marriage approved by the authority is through falsification of ID and other related documents. The marriage of Ayu and Fadholi (not real name) which was initially passed by the local marriage bureau (KUA) in A

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Bukido, Rosdalina, Edi Gunawan, Djamila Usup, and Hayat Hayat. "Negotiating Love and Faith: Interfaith Marriage in Manado, Indonesia." Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya 6, no. 1 (August 20, 2021): 67–76. http://dx.doi.org/10.15575/jw.v6i1.11299.

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Interfaith marriages in people's lives have been practised in many areas in Indonesia, even if it's not legally registered. The rule of law in Indonesia does not accommodate interfaith marriages. When interfaith marriage happens, the registration system should follow marriage registration either at the KUA (office of religious affairs) for Muslims or in the Civil Registry office for other religions. This study aims to analyse the practice of interreligious marriage in Manado and how they maintain a good marital relationship between the spouse of different religions. This research employs a qua

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Nasution, Hamdan. "Analisis Atas Keabsahan Perkawinan Beda Agama." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 19, no. 1 (September 30, 2019): 85–93. http://dx.doi.org/10.30743/jhk.v19i1.1909.

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Marital status of different religions in the legal system in Indonesia is illegitimate. Marriage Law Number 1 of 1974 in Article 2 paragraph 1 reveals that marriage is legal if it is carried out according to the law of each religion and belief. It means that marriage can only take place if the parties (future husband and wife) follow the same religion. From the formulation of Article 2 paragraph 1, there are no marriages outside their respective laws and beliefs. Interfaith marriages are held abroad. Keywords: Analysis, Legitimacy, Interfaith Marriage

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M.H, Supriadi. "TINJAUAN HUKUM TERHADAP PERKAWINAN BEDA AGAMA YANG DILAKSANAKAN DI LUAR INDONESIA." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 1 (June 10, 2020): 40–52. http://dx.doi.org/10.35673/as-hki.v2i1.691.

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ABSTRAKThe law number 1 in 1974 about marriage does not allow the existence of interfaith marriage because the system which is allowed in this law is the marriage that is based on law of religion, as stated in section 2 verse 1 "marriage is legal, if it is done based on each religious law and faith." Section 56 verse 1 "the marriage which is held outside of Indonesia among two Indonesians or an Indonesian with foreigner is legal when it is conducted in line with the applicable law in the country where the marriage takes place and the Indonesians do not break the regulation of this law." Meanwh

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Sarifudin, Sarifudin. "Kawin Beda Agama dalam Kajian Hukum Islam dan Peraturan Perundang-Undangan di Indonesia." Al-Istinbath : Jurnal Hukum Islam 4, no. 2 (November 30, 2019): 213. http://dx.doi.org/10.29240/jhi.v4i2.787.

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This paper aims to reopen the discussion on the plurality of thoughts in interfaith marriages from the perspective of Islamic law and legislation in Indonesia. The method used is the literature study. Where the author tries to understand clearly the concept of interfaith marriage through books, documents and related research results. Whereas, in analyzing these data using the verstehen method. In this method, an interpretative analysis process is carried out on the concept of interfaith marriage. This interpretive analysis requires the writer to provide scientific arguments and criticisms in i

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Pradipta, Novitha Syari Dhevi, Ekawati Sri Wahyuni, and Titik Sumarti. "Agents in Child Marriage Practice in Rural West Java." SALASIKA: Indonesian Journal of Gender, Women, Child, and Social Inclusion's Studies 2, no. 2 (July 31, 2019): 137–54. http://dx.doi.org/10.36625/sj.v2i2.38.

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The prevalence of child marriage in Indonesia, although it has declined over the last three decades, remains in a high rate. Child marriage is indirectly legitimated by the Indonesian Marriage Law of 1974 which states that the minimum age limit of the bride shall be 16 years old. This is contrary to the Constitution of the Republic of Indonesia and the Child Protection Law. Child marriages in rural areas are not only driven by structures like family and society but are also initiated by individual actions driven by the agency. Therefore, this study examined child marriage practice comprehensiv

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