USRAH: Jurnal Hukum Keluarga Islam
Vol. 5 No. 2 (2024): Oktober

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

Satriya Pamungkas (Unknown)
Ana Billah (Unknown)



Article Info

Publish Date
30 Oct 2024

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.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...