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All Journal Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Tanoto, Ivan
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Religion Law, Crime, Criminology & Criminal Justice Other

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Pernikahan Tanpa Persetujuan Salah Satu Pihak Dalam Perspektif Islam Dan Hukum Positif Di Indonesia Tanoto, Ivan; Zelikho, Andini
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 1 (2025): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i1.84

Abstract

Some fiqh scholars are of the opinion that parents or guardians can forcibly marry their daughters, which is then known as the right of ijbar and parents who can force children to marry are called mujbir guardians. In reality, nowadays there are still parents who force their children to marry the man of their father's choice. This is not in line with Law no. 1 of 1974 concerning marriages carried out based on the consent of the prospective bride and groom. If the marriage does not have the consent of one of the parties, it can be called a forced marriage. This research is descriptive analysis which leads to normative legal research, with a research approach to legal principles. The data source was obtained from secondary data, namely by means of literature study. The data obtained was then analyzed using qualitative analysis. Based on the research results, it was found that legal certainty regarding marriage conditions related to the bride's consent when being betrothed by her guardian must exist. It turns out that the study of jurisprudence is not relevant to granting the guardian the right of ijbar to marry his daughter without the child's consent. The consequences of a marriage without the consent of the prospective bride are considered bad, because a marriage that contains an element of coercion will only bring harm to both parties (husband and wife). where according to the Law and KHI the marriage can be annulled.
Kontroversi Pencatatan Pernikahan Seluruh Agama Serta Kaitannya Dengan Eksistensi Kantor Urusan Agama Di Indonesia Tanoto, Ivan; Zelikho, Andini; Daryadi, Yudi; Farid, Diana; Abdulah Pakarti, Muhammad Husni
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.100

Abstract

Marriage registration is a form of state service to protect the public from problems that arise because of marriage ties, such as inheritance rights, maintenance and other civil rights. In fact, the registration of marriages has been regulated in Government Regulation No. 9 of 1975 (PP No. 9/1975) which states that registration of marriages for Islamic religions is recorded by the Religious Affairs Office (KUA) and registration of marriages for non-Islamic religions is carried out by registration officers at the Office. Civil Registry (KCS). However, in early 2024 the Minister of Religion plans to make KUA services inclusive for all religions in Indonesia. In fact, the unification of these services will certainly take away the existence of the KUA as a place to carry out some of the duties of the district and city Department of Religion offices in the field of Islamic religious affairs in sub-district areas as stated in Minister of Religion Decree No. 517 of 2021 concerning the KUA Organization. This research discusses comprehensively the registration of marriages of all religions and its relation to the existence of the KUA in Indonesia. The aim of this research is to determine the impact of the law and controversy over the registration of marriages of all religions at the KUA. The research method we use is normative juridical through a statutory regulatory approach and a conceptual approach. The results of this research indicate that it will be necessary to systematically rework many regulations to make the KUA the centralization of marriage registration for all religions.
Co-Authors Abdulah Pakarti, Muhammad Husni Daryadi, Yudi Farid, Diana Zelikho, Andini