Adelina Riska Meiditya, 141000153 (2018) ANALISIS YURIDIS ITSBAT NIKAH ISTERI KEDUA MENURUT KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN. Skripsi(S1) thesis, Fakultas Hukum Unpas.
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Abstract
Marriage in Indonesia adopts monogamy principle. However this principle is not absolute, in some cases polygamy is permissible in certain circumstances. A marriage is legitimate when it is done according to religious belief. Some people practicing marriage only in accordance to their belief and do not register the marriage, despite the law require every marriage to be registered. A marriage done in Islamic syariah is legitimate, however it has no legal force and marriage deed. In the event a marriage cannot be proven by marriage deed, a spouse can propose itsbat marriage to the Religious Court. The focus of this research is firstly, how the legislation arrange itsbat marriage? Secondly, how does itsbat marriage for second wife is taken? Third, what is the solution of itsbat marriage for the unregistered marriage of second wife? The method of this research is descriptive analytical and the approach is juridical normative with studies on literatures/secondary data. The research stage is composed through literature study on primary, secondary, and tertiary legal sources and field study in interviews. Data is collected in documents and interviews, and data analysis is juridical qualitative by systematically arranged and related those to legislations about marriage. The research concluded that alternative for unrecorded marriage, since the marriage is only based on religious practice, is itsbat marriage. In the event of itsbat marriage of the second wife is contentious, the applicant must put the first wife as the respondent. The Kalianda Religious Court, in issuing the Court Order No. 0008.Pdt.P/2015/PA.Kla has been in accordance to the Law No.1/1974 on the Marriage and Islamic Law Compilation. In this case the court is issuing a court order, despite what should be taken is a court verdict, and upon that verdict can be applied for appeal and second appeal. Keywords: marriage, polygamy, itsbat marriage
| Item Type: | Thesis (Skripsi(S1)) |
|---|---|
| Subjects: | S1-Skripsi |
| Divisions: | Fakultas Hukum > Ilmu Hukum 2018 |
| Depositing User: | Lilis Atikah |
| Date Deposited: | 25 Jul 2018 02:38 |
| Last Modified: | 25 Jul 2018 04:06 |
| URI: | http://repository.unpas.ac.id/id/eprint/34254 |
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