FENOMENA MENIKAH DI LUAR KANTOR URUSAN AGAMA (STUDI KASUS PADA MASYARAKAT NAGARI AIA BANGIH KECAMATAN SUNGAI BEREMAS KABUPATEN PASAMAN BARAT)

MAWADDATUL ULFA, S.H., NIM:19203010053 (2021) FENOMENA MENIKAH DI LUAR KANTOR URUSAN AGAMA (STUDI KASUS PADA MASYARAKAT NAGARI AIA BANGIH KECAMATAN SUNGAI BEREMAS KABUPATEN PASAMAN BARAT). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

PP. Number 19 of 2015 is a replacement for PP. Number 48 of 2014 which regulates the cost of marriage. The PP stipulates that the marriage fee is free, but if the marriage is carried out outside the KUA and outside working hours, a fee of Rp. 600,000,-. Marriage in the culture of Indonesian society in general is an important event that needs to be recorded. The government provides a marriage hall as a place for the implementation of the marriage contract, but people are reluctant to marry in the marriage hall and prefer to marry outside the marriage hall and pay the registration fee. This study tries to explore why the people of Sungai Beremas subdistrict tend to choose to carry out the marriage contract outside the Office of Religious Affairs. At least, to answer this question, this research uses a sociological legal study approach. To further trace the socio-cultural thinking of informants by using the theory of social construction by Peter L. Berger and Thomas Luckmann. This theory targets how much influence there is between knowledge and social conditions and the historicity of knowledge which includes the mindset that dominates in such a social condition. Berger and Luckmann divide it into three momentums, namely; moments of externalization, objectification, and internalization. This research is a field research that takes an in-depth picture of the phenomenon of marriage outside the KUA in the Sungai Beremas sub-district community as primary data and is supported by other literatures as secondary data. The phenomenon of marrying outside the KUA for the people of Sungai Beremas District is an implementation of Islamic values and also marriage customs in Minangkabau. As an implementation of Islamic values because people choose to marry outside the KUA so that it can be witnessed by many people. In the concept of Islamic law, marriage contains elements of the permissibility of sexual relations between a man and a woman after the contract between the guardian of the woman and the groom. Relationships that were originally forbidden to be halal because of marriage, then the marriage must be notified to the public so that there is no slander afterward In principle, people are reluctant to marry at KUA because of inadequate infrastructure and narrow locations. There is an understanding of the community that classifies customs or traditions as sacred so that if the marriage is carried out at the KUA and does not follow existing traditions, the marriage is considered less than perfect (discordant). On the other hand, there is an understanding of people who tend to be open to the implementation of customs or traditions, so that the implementation of marriages that follow tradition are considered as a form of preservation of culture that has been rooted in society without relating it to the validity of a marriage

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