STUDI NORMATIF ATAS KETENTUAN PENCATATAN NIKAH DAN IMPLIKASINYA TERHADAP LEGALITAS KELUARGA SIRI

This study aims to normatively analyze the legal provisions on marriage registration in Indonesia and its implications for the legal status of families involved in unregistered (siri) marriages. The research employs a normative legal method using statutory, conceptual, and case approaches. Data sources include primary, secondary, and tertiary legal materials, analyzed descriptively and prescriptively. The findings indicate that marriage registration is a formal legal requirement necessary for a marriage to have legal standing under state law. The absence of registration, as in siri marriages, leads to various legal consequences, including the unrecognized status of wives and children, the loss of inheritance and marital property rights, and the lack of legal protection for women and children. Based on the theories of legal certainty and legal protection, the state holds the responsibility to affirm marriage registration as an essential instrument of legality and the protection of civil rights within the family.

Authors

Publication Details

Journal
USRAH Jurnal Hukum Keluarga Islam
Published
2024-10-30
DOI
https://doi.org/10.46773/usrah.v5i2.1071
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

STUDI NORMATIF ATAS KETENTUAN PENCATATAN NIKAH DAN IMPLIKASINYA TERHADAP LEGALITAS KELUARGA SIRI

Satriya Pamungkas, Ana billah
USRAH Jurnal Hukum Keluarga Islam
Marriage and Family Dynamics
article

STUDI NORMATIF ATAS KETENTUAN PENCATATAN NIKAH DAN IMPLIKASINYA TERHADAP LEGALITAS KELUARGA SIRI

Satriya Pamungkas, Ana billah
article en

Abstract

This study aims to normatively analyze the legal provisions on marriage registration in Indonesia and its implications for the legal status of families involved in unregistered (siri) marriages. The research employs a normative legal method using statutory, conceptual, and case approaches. Data sources include primary, secondary, and tertiary legal materials, analyzed descriptively and prescriptively. The findings indicate that marriage registration is a formal legal requirement necessary for a marriage to have legal standing under state law. The absence of registration, as in siri marriages, leads to various legal consequences, including the unrecognized status of wives and children, the loss of inheritance and marital property rights, and the lack of legal protection for women and children. Based on the theories of legal certainty and legal protection, the state holds the responsibility to affirm marriage registration as an essential instrument of legality and the protection of civil rights within the family.

USRAH Jurnal Hukum Keluarga IslamVol. 5(2)
Openalex Percentile: Top 51%
Marriage and Family Dynamics
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