CD Skripsi

Akibat Hukum Pelaksanaan Perkara Kumulasi Itsbat Nikah Dengan Perceraian Di Pengadilan Agama Padang Kelas Ia Pasca Dikeluarkan Undang-Undang Nomor 16 Tahun 2019 Atas Perubahan Undang-Undang Nomor 1Tahun 1974 Tentang Perkawinan

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ABSTRACT
One of the problems of Islamic family law in Indonesia, among others, is
the issue of marriages that are not registered with the Marriage Registrar, even
though it has been stipulated in the law but is sometimes violated by interested
parties. This happens because the understanding of the validity of a marriage is
carried out according to religious provisions. This shows that if a marriage has
fulfilled the requirements and pillars of marriage, even though it is not carried out
in front of a Marriage Registrar, the marriage is considered legal according to
religion, but not legal according to state law. The importance of recording this
marriage is because the record is then used as the basis for ratifying a marriage
known as itsbat nikah, so that the marriage has authentic evidence and the
recognition of the offspring will be guaranteed.
This type of research can be classified in the type of empirical research.
The research location is the Padang Religious Court Class IA. Sources of data
used are primary data and secondary data. Data collection techniques are
interviews and literature review. After the data has been collected, it is analyzed
qualitatively by using the deductive method, namely drawing conclusions from
things that are general to things that are specific.
From the results of the study, there are differences in the reasons for the
parties to have an unregistered marriage, namely in case Number
175/Pdt.G/2019/PA.Pdg the reason they did an unregistered marriage is because
at the time of the Plaintiff's marriage and the Defendant did not take care of the
marriage requirements so that their marriage was not recorded. at the District
Office of Religious Affairs where the Plaintiff and Defendant got married, case
Number 14/Pdt.G/2020/PA.Pdg the reason they did a serial marriage is because
the Plaintiff's prospective husband is still another woman's husband means that
the Plaintiff's prospective husband is practicing illegal polygamy, case Number
239 /Pdt.G/2020/PA.Pdg the reason they did an unregistered marriage was
because during the marriage the Plaintiff and Defendant did not have a marriage
certificate and the Plaintiff and Defendant asked the Office of Religious Affairs
where they had their wedding, but the employee of the Office of Religious Affairs
said that the marriage of the Plaintiff and the Defendant is not registered in the
area of the Office of Religious Affairs, so it is not registered The Plaintiff and
Defendant's marriage was due to the negligence of the Religious Affairs Office
employee, case Number 1131/Pdt.G/2020/PA.Pdg. The reason they did a sirri
marriage was because at the time of the Plaintiff's and Defendant's marriage they
did not take care of the marriage requirements so that their marriage was not
registered at the Office of Affairs. Religion District where the Plaintiff and
Defendant married.
Keywords: Cumulation - Itsbat Marriage – Divorce

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0121)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0121)

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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