Itang
Universitas Islam Negeri Sultan Maulana Hasanuddin Banten, Indonesia

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Implikasi Kriminal Identitas Tadlis dalam Pernikahan: Tinjauan Hukum Islam Tentang Pembatalan Pernikahan dan Tanggung Jawab Pelaku Tedy Subrata; Usman Musthafa; Agus Prihartono; Itang; Sayehu
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.1791

Abstract

This study examines the criminal implications of tadlis of identity (concealment or deception of identity) in marriage, focusing on its relationship to marriage annulment and the legal responsibility of the perpetrator under Islamic law and Indonesian positive law. The research discusses acts of concealing or falsifying identity, marital status, age, or other administrative data that form the basis for the validity of a marriage contract and its official registration. Using a normative legal research method with statutory, conceptual, and case approaches, this study analyzes primary legal materials, including the Indonesian Marriage Law, the Compilation of Islamic Law (KHI), the new Indonesian Criminal Code (Law of the Republic of Indonesia Number 1 of 2023), and the Population Administration Law, as well as secondary materials such as court decisions and Islamic legal literature on fraud (tadlis). The findings reveal that identity tadlis constitutes a form of fraud that undermines the essential elements of consent and honesty in the marriage contract (ijab qabul), thereby serving as a strong legal basis for marriage annulment under both Islamic law (as fasakh) and positive law (Article 27 paragraph (2) of the Indonesian Marriage Law and Article 72 paragraph (2) of the Compilation of Islamic Law). Furthermore, perpetrators may incur criminal liability when such acts fulfill the elements of document forgery, manipulation of population administration data, or concealment of lawful impediments to marriage, particularly under Articles 402–403 of the new Criminal Code. Consequently, the resolution of identity fraud cases in marriage should be approached through an integrated perspective encompassing Islamic law, family law, and criminal law, as marriage annulment and criminal sanctions address different yet complementary legal functions.
The Limitations of the Role of Majelis Ta’lim in Resolving Conflicts Regarding Husbands' Maintenance for Wives in the City of Cilegon Irfan Amin Sam; Wazin; Syihabudin; Itang; Sayehu
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.1853

Abstract

This article examines why Majelis Ta’lim has not yet functioned effectively as a forum for resolving disputes concerning a husband’s obligation to provide maintenance in Cilegon City. The study begins by addressing the persistent gap between the recognition of maintenance rights in Islamic family law and Indonesian positive law and the continued vulnerability of wives when such rights are neglected in everyday marital life. Employing a descriptive qualitative field research approach, the study finds that Majelis Ta’lim primarily serves as an initial complaint forum due to its social trust, emotional closeness, and moral authority within the community. Nevertheless, its practical contribution remains limited. The main obstacles include the predominance of female congregants, the limited integration of fiqh teachings with legal literacy, and the absence of continuous assistance and referral mechanisms to formal legal institutions. Therefore, this article argues that strengthening the role of Majelis Ta’lim requires moving beyond spiritual reinforcement toward the development of community-based mediation and legal literacy programs that can more effectively support and protect wives’ financial rights