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Journal articles on the topic 'Marriage law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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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 (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 ma

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2

Yakin, Muhammad Khusnul. "RATIO DECIDENDI PENETAPAN PENGESAHAN (ITSBAT) NIKAH DI PENGADILAN AGAMA." Yuridika 30, no. 2 (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 ma

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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 (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 r

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4

SURYA, I. KADEK ADI. "AKIBAT HUKUM KEDUDUKAN ANAK DALAM PERNIKAHAN SIRI DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN." GANEC SWARA 17, no. 3 (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 consid

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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 (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. Accord

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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 (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 gua

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Hasbiyalla, Iklil. "Unregistered Marriage in the Study of Indonesian Positive Law and Islamic Law." VRISPRAAK : International Journal of Law 8, no. 1 (2024): 10–20. https://doi.org/10.59689/vris.v8i1.1162.

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Marriage is a sacred institution in Islam and state law that aims to form a harmonious family. However, in practice, there are still many people who conduct marriages without official registration at the Office of Religious Affairs (KUA), known as nikah siri. This study aims to analyse the views of Islamic law and Indonesian state law on nikah siri, as well as the impacts of this practice. Under Islamic law, siri marriages can be considered valid if they fulfil the conditions and pillars of marriage, although the practice remains controversial. From the perspective of state law, siri marriages

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8

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 (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 Num

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9

Safarin, Muhammad Habiby Abil Fida, and Fatimah Fatimah. "Polemics on Interfaith Marriage: Law and Civil Law Perspectives." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 2 (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 a

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10

Agustini, Sri. "PELAKSANAAN ISBAD NIKAH DAN DISPENSASI NIKAH DI KOTA PADANG." Ensiklopedia Sosial Review 3, no. 1 (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

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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 (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 th

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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 (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

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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 (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

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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 (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. T

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15

Abdjul, Mohammad Fajar, Nur Mohamad Kasim, and Dian Ekawaty Ismail. "Underage Marriage Review Post Latest Marriage Law." Damhil Law Journal 3, no. 1 (2023): 1. http://dx.doi.org/10.56591/dlj.v3i1.1856.

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<p><em>The purpose of this study is to find out about underage marriages after the enactment of the latest marriage law and see how effective the enforcement of the law is and what efforts have been made by the Office of religious affairs against the latest law, which discusses the existence of underage marriages. The research method used is normative, with the statute and contextual approaches. The results of the study show that underage marriages after the entry into force of Law number 16 of 2019 are allowed on the condition that they request a letter of dispensation and are acc

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16

Alvina Aliya, Muhammad Saleh, and Ahmad Fuadi. "Pandangan Hakim Pengadilan Agama dalam Pelaksanaan Istbat Nikah terhadap Pernikahan Sirri yang Dilakukan Pasca Berlakunya UU No. 1 Tahun 1974." ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 3, no. 1 (2025): 296–306. https://doi.org/10.59246/aladalah.v3i1.1183.

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The term unregistered marriage is often heard by people to refer to a marriage that is carried out secretly and without being registered at the District Religious Affairs Office. For those who are Muslim, but cannot prove the marriage with a marriage certificate, they can submit an application for itsbat nikah (determination/validation of marriage) to the Religious Court as regulated in Article 7 Paragraph (3) of the Compilation of Islamic Law (KHI). This study aims to determine the Legal Procedure for Isbat Nikah for Unregistered Marriage, the differences in perspectives between religious law

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17

Surahmi, Mila, Zaimah Husin, Nurifana Umar, Fatmawati, and Tora Yuliana. "The Development of Indonesian Marriage Law in Contemporary Era." Jurnal Smart Hukum (JSH) 3, no. 1 (2024): 58–69. http://dx.doi.org/10.55299/jsh.v3i1.1041.

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Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For

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18

Mulqiatama, Feralda, and I. Made Pria Dharsana. "Annulment of Marriage Due to Identity Fraud Based on the Marriage Law and the Compilation of Islamic Law." Asian Journal of Engineering, Social and Health 4, no. 1 (2025): 72–82. https://doi.org/10.46799/ajesh.v4i1.522.

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Marriage is a physical and spiritual bond between a man and a woman as husband and wife to establish a happy and everlasting family based on belief in God Almighty. In practice, marriage must fulfill the prescribed formal and material requirements. If these requirements are not met, the marriage can be annulled, leading to various legal consequences. This research aims to analyze the legal impacts of marriage annulment due to identity fraud based on the Marriage Law and the Compilation of Islamic Law. The research method employed is normative juridical with a doctrinal approach, utilizing seco

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Kwirinus, Dismas. "Pencatatan Perkawinan Campuran Beda Agama Berdasarkan Hukum Kanonik dan Hukum Positif." Kamaya: Jurnal Ilmu Agama 7, no. 1 (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 pa

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20

Alfian, Andi. "Problematizing Interfaith Marriage Law in Indonesia through Human Rights Perspective." DIKTUM: Jurnal Syariah dan Hukum 22, no. 2 (2025): 155–72. https://doi.org/10.35905/diktum.v22i2.5253.

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This research problematizes the law of interfaith marriage in Indonesia and its application. By presenting some cases of interfaith marriages that occurred during 2022, through literature searches and media reports, this research shows the tendency of violations of human rights, particularly the right to freedom of religion or belief (FoRB), especially by using the argument of the Marriage Law No. 1, 1974. This study found that marriage law in Indonesia does not provide legal certainty for interfaith marriages, thus allowing certain groups to discriminate against interfaith couples accessing l

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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

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Fitri, Abd Basit Misbachul, and Ahmed Hassan. "Determination of Child Origins in a Siri Marriage: Perspectives of Islamic Law and Positive Law in Indonesia." VRISPRAAK : International Journal of Law 9, no. 1 (2025): 1–12. https://doi.org/10.59689/vris.v9i1.1153.

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Siri marriage is a form of marriage that is religiously valid, but not registered at the Office of Religious Affairs (KUA), so it does not have legal force in state administration. One of the main problems caused by siri marriage is the legal status of children born from the marriage. Children born from a siri marriage often have no civil rights against their father, either in terms of inheritance or recording the father's name in the birth certificate. Based on Law Number 1 Year 1974 on Marriage and the Compilation of Islamic Law (KHI), children born from unregistered marriages only have a ci

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23

Laksana, Endri Nugraha. "Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 7, no. 2 (2022): 355–76. http://dx.doi.org/10.31538/adlh.v7i2.2642.

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Abstract: 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 ma

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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 (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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Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (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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Gussevi, Sofia, Candra Iswanto, and Dianra Dzulhijah. "Sosialisasi Urgensi Pencatatan Perkawinan dan Dampak Perkawinan di Bawah Tangan di Majlis Taklim As-Sakinah Babakancikao Purwakarta." Bhumiputra: Jurnal Penelitian dan Pengabdian Masyarakat Global 1, no. 4 (2024): 51–65. https://doi.org/10.63142/bhumiputra.v1i4.94.

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This service activity is motivated by research results and social phenomena that often occur in society. Many people still carry out private marriages (unregistered marriages). Sometimes they already know the impact, but for certain reasons, they still do it. Even though this legal act violates the positive Islamic law that applies in Indonesia. In Law Number 1 of 1974 (Marriage Law) concerning Marriage, article 2 paragraph (2) states that every marriage is recorded according to the applicable laws and regulations. Similarly, article 5 paragraph (1) of the Compilation of Islamic Law (KHI) stat

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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 (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

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Mochammad Rohman Antoni and Imam Suroso. "Kewenangan Pengadilan Agama dalam Menyelesaikan Perceraian Nikah Campuran." Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 3, no. 2 (2024): 01–11. https://doi.org/10.55606/jurrish.v3i2.5198.

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Every country has legal regulations governing marriage in an effort to create a clear legal basis for its implementation. Regulations regarding marriage in Indonesia in general and as a whole are regulated by Law Number 1 of 1974 concerning Marriage. Overall, Law Number 1 of 1974 concerning Marriage covers aspects relating to the requirements, procedures and rights inherent in couples who have legally entered into a marriage. Article 57 of the Marriage Law regulates mixed marriages, which are defined as marriages between two people who are subject to different laws in Indonesia because of thei

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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 (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 t

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Septiandani, Dian, Soegianto Soegianto, Yudhitia Dyah Sukmadewi, and Adhi Budi Susilo. "LEGAL RECONSTRUCTION OF REGULATIONS MARRIAGE DIFFERENT RELIGIONS IN INDONESIA." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 3 (2024): 1711–18. https://doi.org/10.31941/pj.v23i3.5107.

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This research aims to find the proper legal reconstruction regarding interfaith marriages in Indonesia. Article 2, paragraph (1) of the Marriage Law states that marriage is valid if performed according to the laws of each religion and BeliefBeliefBelief. Meanwhile, the content of the explanation of Article 35 of the Population Administration Law allows interfaith marriages. With this, the legal rules regarding interfaith marriages need to be reconstructed clearly and firmly so that there is the same understanding and implementation in the community because it will cause legal uncertainty. This

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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 (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

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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 (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

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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 (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 H

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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 (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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Masturiyah, Masturiyah. "NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL." Musãwa Jurnal Studi Gender dan Islam 12, no. 1 (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), j

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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 (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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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 (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 is

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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 (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.

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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 (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 concernin

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40

Putri, Ananda Yuliana, and Sutrisno Sutrisno. "Effectiveness Giving Marriage Dispensation To Suppress Increase Early Marriage During Covid-19 Pandemic." LIGAHUKUM 2, no. 2 (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

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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 (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 i

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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 (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

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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 (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

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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 (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 an

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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 (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 phil

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Diana, Farid, Husni Abdulah Pakarti Muhammad, Hendriana, and Fathiah Iffah. "Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court." Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court 7, no. 2 (2023): 362. https://doi.org/10.5281/zenodo.7701818.

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This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in t

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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 (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 Seb

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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 (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 marr

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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 (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

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50

Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (2019): 182–95. http://dx.doi.org/10.47467/as.v1i2.455.

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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

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