Journal of Humanities and Social Studies
Vol. 1 No. 1 (2023): MAY 2023

ANALYSIS OF THE DECISION OF CASE NO. 1874 CONCERNING THE LEGALIZATION OF SIRI MARRIAGE

Tessa Pritama Eda (Universitas Negeri Gorontalo)



Article Info

Publish Date
31 May 2023

Abstract

The legal requirements for marriage and the religious norms of the couple's chosen faith go hand in hand. There is no guarantee of legal certainty for either the couple or the offspring of such marriages, and society may make unfavorable presumptions about the couple and their children if they are involved in a series of marriages. The methodology uses normative legal research methods. Normative legal research or library research uses qualitative analysis, namely by explaining existing data with words or statements not with numbers. In the decision of Case No. 1874 K/Pdt/2013, the case examining judge who clearly contradicts the provisions contrary to the provisions of applicable legislation including citizenship laws concerning human rights, and the second principle of Pancasila and the 1945 Constitution that the siri marriage between the applicant and the respondent KASASII has been applied for Istibat Nikah at the Sleman Religious Court with Case Number 32/Pdt.G/2012/PA.Smn, and in the case decision it is stated that the siri marriage is valid according to Islamic law and legislation.

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Journal Info

Abbrev

HJ

Publisher

Subject

Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Social Sciences Other

Description

JOURNAL OF HUMANITIES AND SOCIAL STUDIES is a journal that uses a double-blind peer review model that can be accessed online. The purpose of HUMAS JOURNAL is to publish a journal containing quality articles that will be able to contribute thoughts from a theoretical and empirical perspective in ...