PENCATATAN PERKAWINAN BAGI JANDA TANPA AKTA CERAI (STUDI KASUS 5 PASANGAN DI LIMBUR LUBUK MENGKUANG KABUPATEN BUNGO)

Yanti, S.H, NIM.: 18203010119 (2020) PENCATATAN PERKAWINAN BAGI JANDA TANPA AKTA CERAI (STUDI KASUS 5 PASANGAN DI LIMBUR LUBUK MENGKUANG KABUPATEN BUNGO). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis writing was motivated by the findings of several cases of widow marriages without a divorce certificate from the Religious Court. As a substitute for the divorce certificate, the prospective bride and groom only use a Certificate from the Village Head as a condition for a marriage document. Whereas in Government Regulation Number 9 of 1975 article 6 paragraph 2 letter f, it explicitly states the procedure for recording marriage for widows, namely "the existence of a previous wife or husband's death certificate or in the case of divorce a divorce certificate, for a second or more marriage" . From this article it can be understood that if a widow wants to enter into a marriage and the marriage wants to be registered, she must fulfill every condition, one of which is the existence of a divorce certificate from the Religious Court. The formulation of the problem in this study is why the KUA Limbur Lubuk Mengkuang District, Bungo Regency keeps records of widow marriages without a divorce certificate, how is the process of recording a widow's marriage without a divorce certificate at KUA Limbur Lubuk Mengkuang District, Bungo Regency, and how to analyze marriage records for widows without a divorce certificate at the Limbur Lubuk Mengkuang Office of Religious Affairs. This type of research is field research (field research), which is research conducted or conducted in a place that uses a qualitative approach method. The results of this research are that for the reasons or considerations of KUA Limbur Lubuk Mengkuang to record a widowed woman's marriage without a divorce certificate are: The first husband has dropped the divorce which according to the KUA is legal for divorce, the period of iddah has arrived, the pillars and conditions of marriage according to fiqh fulfilled even though the administrative requirements are insufficient, namely the lack of a divorce certificate, from the Religious Court, but the prospective brides have replaced it with a certificate from the Village Head. Thus the KUA was not legally prevented from marrying her off because she lacked one condition, namely a divorce certificate. Broadly speaking, the marriage certificate issued by the Office of Religious Affairs (KUA) in Limbur Lubuk Mengkuang sub-district against widows without a divorce certificate is flawed based on the prevailing laws and regulations, because the death certificate issued by the village head in exchange for the divorce certificate is invalid. or it's not official. A death certificate can only be issued by the dukcapil.

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