CD Skripsi

Tinjauan Tentang Akad Nikah Online Berdasarkan Hukum Perkawinan Di Indonesia

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ABSTRACT
Marriage contracts that are usually carried out face-to-face in one place
can now be done using the videocall feature, which can be seen and heard but not
in one place. This is not regulated in detail in Law Number 16 of 2019 concerning
Amendments to Law Number 1 of 1974 concerning Marriage and in Islam among
scholars there is still a debate about the validity of this online marriage contract.
This type of research is a normative juridical research. The author
conducts research on legal principles that refer to legal norms contained in laws
and regulations as well as court decisions as well as legal norms that exist in
society. The purpose of this study is to determine the implementation of online
marriage contracts based on marriage law in Indonesia and to find out online
marriages in Indonesia in terms of the principle of legal certainty.
The results of this study are online marriage contracts can be done with
the condition that the pillars of marriage are fulfilled. Online marriage contracts
can also be done with the aim of avoiding harm. The purpose of the existence of
Islamic law, namely maintaining religion, preserving the soul, maintaining reason,
maintaining honor, and maintaining property. When viewed from the editorial
point of view, there appear to be differences, but in terms of content, in essence,
there is one fundamental similarity, namely establishing the law in matters that are
not at all mentioned in the Qur'an or Sunnah, with considerations for the benefit or
interests of the community. Human life based on the principle of benefiting and
avoiding harm. In this online marriage contract issue, the author assumes that the
government must make a policy to direct the public so that in carrying out this
online marriage contract, apart from eliminating doubts about whether or not the
online marriage contract is legal, it also fulfills the principle of legal certainty.
From this research, scholars have different opinions regarding online
marriage contracts, the first opinion says that it is valid if the conditions of
marriage and its pillars have been fulfilled. While the second opinion says that
this kind of marriage is not valid, because the contract must be done in one place
where both parties can meet in person. For the Muslim community, online
marriage contracts like this should not be done, because whether or not a marriage
like this is valid raises doubts and differences of opinion among fiqhiyah scholars.
This marriage will also raise doubts whether the two prospective husband and
wife are really the real bride and groom or just a technological engineering.
Keywords: Marriage, Marriage Contract, Online, Validity, Videocall

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709114785

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709114785

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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