AKIBAT HUKUM ISBAT NIKAH DALAM PENCATATAN PERNIKAHAN SIRI DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU

Ernianti, Sri Kulsum (2022) AKIBAT HUKUM ISBAT NIKAH DALAM PENCATATAN PERNIKAHAN SIRI DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU. Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.

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Abstract

ABSTRACT
At the time of writing this paper, the author has a formulation of the
problem that is the main focus of this research, namely: first, who can apply for an
isbat nikah against a sirri marriage? Second, what are the legal consequences of
applying for a marriage isbat against a sirri marriage? So from the formulation of
the problem, this study has objectives, namely: First, to find out in advance who
can apply for a marriage isbat against a sirri marriage, and Second, to find out and
understand what the legal consequences are in applying for a marriage isbat against
a sirri marriage.
To make this research a success, the authors apply a normative type of
research method through a statutory approach, which is a legal research that focuses
on reviewing documents, namely implementing various secondary data such as
legal references, legislation, decisions courts, legal theory, and can also be in the
form of opinions expressed by legal scholars in processing research.
The results of the study indicate that the submission of the isbat marriage
case cannot be done by just anyone. Where the submission must be made by
husband and wife only, who have previously carried out a series of marriages,
namely marriages that are legally in accordance with Islamic religious rules, but are
not legal in the eyes of state law. Marriage is a sacred and meaningful thing for all
people in various religions, especially Islam. As it is known that Indonesia has
declared and regulated the existence of marriage in Law Number 1 of 1974
concerning Marriage. Therefore, the submission of the marriage isbat will also give
birth to legal effects or consequences after but the legal consequences are certainly
more positive, namely when the marriage isbat application has been granted, the
applicant will get evidence that is authentic and can be done to resolve problems
related to family or other matters. related to the Religious Courts, where marriage
isbat has a function, namely to provide definite laws, provide order, and provide
legal protection guarantees, therefore marriage registration is a formal legal
requirement for marriage, which has an administrative nature.
Keywords: Siri Marriage, Marriage Isbat Application, LaW

Item Type:	Thesis (Skripsi (S1))
Uncontrolled Keywords:	Keywords: Siri Marriage, Marriage Isbat Application, Law
Subjects:	K Law > KZ Law of Nations
Divisions:	Faculty of Laws
Depositing User:	fh . userfh
Date Deposited:	14 Sep 2022 02:08
Last Modified:	14 Sep 2022 02:08
URI:	https://eprints.umpo.ac.id/id/eprint/10164

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