Menggali hukum perkawinan yang melakukan kecurangan
Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form o...
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| Format: | Article |
| Language: | English |
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Indonesian Institute for Counseling, Education and Therapy (IICET)
2024-03-01
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| Series: | JPPI (Jurnal Penelitian Pendidikan Indonesia) |
| Subjects: | |
| Online Access: | https://jurnal.iicet.org/index.php/jppi/article/view/2604 |
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| _version_ | 1832584580349034496 |
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| author | Nusra Arini Asmuni Asmuni Nawir Yuslem |
| author_facet | Nusra Arini Asmuni Asmuni Nawir Yuslem |
| author_sort | Nusra Arini |
| collection | DOAJ |
| description | Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court. |
| format | Article |
| id | doaj-art-36df3a48794f4dfc8988d101f0441bfc |
| institution | Kabale University |
| issn | 2477-8524 2502-8103 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Indonesian Institute for Counseling, Education and Therapy (IICET) |
| record_format | Article |
| series | JPPI (Jurnal Penelitian Pendidikan Indonesia) |
| spelling | doaj-art-36df3a48794f4dfc8988d101f0441bfc2025-01-27T12:25:45ZengIndonesian Institute for Counseling, Education and Therapy (IICET)JPPI (Jurnal Penelitian Pendidikan Indonesia)2477-85242502-81032024-03-0110152953910.29210/0202426041881Menggali hukum perkawinan yang melakukan kecuranganNusra Arini0Asmuni Asmuni1Nawir Yuslem2Universitas Islam Negeri Sumatera UtaraUniversitas Islam Negeri Sumatera UtaraUniversitas Islam Negeri Sumatera UtaraMarriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court.https://jurnal.iicet.org/index.php/jppi/article/view/2604pemalsuan akta nikah, hukum perkawinan, hukum islam |
| spellingShingle | Nusra Arini Asmuni Asmuni Nawir Yuslem Menggali hukum perkawinan yang melakukan kecurangan JPPI (Jurnal Penelitian Pendidikan Indonesia) pemalsuan akta nikah, hukum perkawinan, hukum islam |
| title | Menggali hukum perkawinan yang melakukan kecurangan |
| title_full | Menggali hukum perkawinan yang melakukan kecurangan |
| title_fullStr | Menggali hukum perkawinan yang melakukan kecurangan |
| title_full_unstemmed | Menggali hukum perkawinan yang melakukan kecurangan |
| title_short | Menggali hukum perkawinan yang melakukan kecurangan |
| title_sort | menggali hukum perkawinan yang melakukan kecurangan |
| topic | pemalsuan akta nikah, hukum perkawinan, hukum islam |
| url | https://jurnal.iicet.org/index.php/jppi/article/view/2604 |
| work_keys_str_mv | AT nusraarini menggalihukumperkawinanyangmelakukankecurangan AT asmuniasmuni menggalihukumperkawinanyangmelakukankecurangan AT nawiryuslem menggalihukumperkawinanyangmelakukankecurangan |