CD Skripsi

Perkawinan Janda Tanpa Akta Cerai Dalam Perspektif Undang-Undang Perkawinan Dan Kompilasi Hukum Islam Di Jorong Dalam Koto Kenagarian Taeh Baruah Kecamatan Payakumbuh Kabupaten Lima Puluh Kota

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ABSTRACT
The phenomenon of widow marriage without a divorce certificate is something that is common in Jorong Dalam Koto Kenagarian Taeh Baruah. The marriage was carried out by a woman who had previously been legally married at the KUA, but had to end in divorce outside the court. After divorcing outside the court, the woman remarried another man without registering the marriage in accordance with the UUP and KHI. Of course, the marriage will affect the validity and legal consequences of her marriage. Therefore, the purpose of this thesis research is first, the validity and legal consequences of widow marriage without a divorce certificate in Jorong Dalam Koto Kenagarian Taeh Baruah from the perspective of the UUP and KHI. Second, the causes of widow marriage without a divorce certificate.
This type of research can be classified into the type of sociological research. With the location of the research taking place in Jorong Dalam Koto Kenagarian Taeh Baruah, Payakumbuh District, Lima Puluh Kota Regency, while the population and sample are all parties related to the problem being studied. This study uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by interview.
From the results of the problem research, there are two main things that can be concluded. First, the marriage of a widow without a divorce certificate that occurred in Jorong Dalam Koto Kenagarian Taeh Baruah, Payakumbuh District, Lima Puluh Kota Regency, from the perspective of the UUP and KHI, is not recognized as valid and is considered to have never existed because the marriage is not in accordance with Law Number 1 of 1974 concerning Marriage Article 2 paragraph (2) in conjunction with Article 5 paragraph (1) KHI. The marriage was also preceded by an out-of-court divorce with the former wife/husband which is contrary to the UUP Article 39 paragraph (1) in conjunction with Article 115 KHI. In addition, the marriage also damages the wife's rights and also the rights of the child if there is a child born from the marriage. The second cause of the marriage is the factor of divorce outside the court, the factor of lack of understanding of divorce and marriage law, the factor of the community environment itself, and the factor of lack of socialization about divorce and marriage law to the community by the relevant parties. The author's suggestion is First, the community that will divorce and marry should do so in accordance with positive law, not only according to religious rules in order to obtain legal certainty from the divorce and marriage. Second, the related parties, especially the KUA, should optimize the socialization of marriage and divorce to the community in order to reduce the rate of unregistered marriage and divorce.
Keywords: Marriage-Widow-Divorce Certificate.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909111971

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909111971

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 PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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