PERKAWINAN SIRI DAN IMPLIKASI HUKUMNYA TERHADAP KEDUDUKAN ISTRI, ANAK DAN HARTA BENDA

QONITATUN NADHIROH, NIM. 18103040128 (2022) PERKAWINAN SIRI DAN IMPLIKASI HUKUMNYA TERHADAP KEDUDUKAN ISTRI, ANAK DAN HARTA BENDA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Siri marriage or what is often referred to as unregistered marriage is a marriage that is carried out in secret, secretly and does not obtain legal recognition, because it has never been registered with the Civil Registry or at the Office of Religious Affairs (ORA). As regulated in Law number 1 of 1974 concerning marriage articles 1 and 2. Unregistered marriages can have legal consequences for the wife, children born and property, because unregistered marriages do not have authentic evidence such as a marriage certificate so that the unregistered marriage has no legal force. Pragaan District is an area where there are still many people who carry out unregistered marriages. Furthermore, the problems studied in this study are: the views of the Pragaan sub-district community towards unregistered marriages, the factors causing unregistered marriages in the Pragaan sub-district and the legal implications of marriage in the Pragaan sub-district. To answer the problems above, the researcher uses a type of field research using an empirical juridical approach. The data collection method used is using the method of observation, documentation and interviews. Observations were carried out directly in the Pragaan sub-district. Interviews were conducted on the perpetrators of unregistered marriages, the community, community leaders, religious leaders, village officials, sub-district officials, and KUA officials. This research is descriptive in nature, namely in solving problems through data collection, compiling, analyzing data, then explaining. From the results of research conducted by researchers, namely the views of the people of Pragaan sub-district on siri marriage is a marriage that may be carried out as long as the spouse or both parties agree to do so and carried out according to the provisions of their respective religions, namely Islam. Unregistered marriages in Pragaan sub-district are caused by several factors which are divided into two aspects, first, general factors: easier implementation and cheaper costs, low understanding of marriage registration, religious parties, the role of religious leaders, socio-cultural iv conditions or customs and economic conditions. Second: specific factors: underage marriage, parental wishes, negligence of village officials, and desire for polygamy. While the legal implications of unregistered marriages in Pragaan sub-district consist of: first implications for the wife: not being recognized as a legal wife, neglecting the rights and obligations of a husband towards his wife, not having the right to a living, inheritance and distribution of joint assets, unable to provide legal certainty, making it difficult to identify the status of a person who is married or not, the existence of anxiety and concern because they do not have a marriage certificate. Second, the implications for children: obstacles in making a child's birth certificate, not entitled to inheritance. Third, the implications for property: there is no legal certainty for joint property

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