SURAT PERNYATAAN TANGGUNG JAWAB MUTLAK (SPTJM) DAN KEABSAHAN NIKAH SIRI (STUDI KASUS ISBAT NIKAH DI PENGADILAN AGAMA MENTOK KABUPATEN BANGKA BARAT PROVINSI BANGKA BELITUNG)

Rifdah, S.H., NIM.: 21203011020 (2023) SURAT PERNYATAAN TANGGUNG JAWAB MUTLAK (SPTJM) DAN KEABSAHAN NIKAH SIRI (STUDI KASUS ISBAT NIKAH DI PENGADILAN AGAMA MENTOK KABUPATEN BANGKA BARAT PROVINSI BANGKA BELITUNG). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Unregistered married couples have an impression difficulties in making birth certificates for their children. This is because they must fulfill administrative requirements in the form of a family card. However, with the issuance of PERMENDAGRI Number 9 of 2016, unregistered married couples can make a Family Card (KK) by filling out the SPTJM for the truth of the husband and wife in Dukcapil. By using this SPTJM, they can get a family card and a child's birth certificate. The main problem in this research is the unregistered married couple in Mentok Sub-District brought and attached the KK at the marriage confirmation at Mentok Religious Court. They make that document as proof of the validity of their marriage. From three cases of consanguinity marriages for unregistered married couples which authors found, the couple attached the KK and SPTJM of the validity of the husband and wife as formal proof of the correctness of their marriage. In the fact, when the judge examined all the conditions and evidence, there were witnesses and legal guardians of the marriage and one of the spouses was still bound by the previous marriage. So that the marriage certificate of the couple cannot be granted by the Panel of Judges. The resulting impact is. First, evasion of low such as extramarital relationship (adultery) and falsification of data (identity, address, signature, etc.). Second, the ambiguity of civil relationship between husband, wife, and children. The resulting child has a civil relationship with his mother only. Third, the stigmatization of society. The community is confused about the statement of unregistered married couples on their family cards, but they have never witnessed the couple's wedding. This research is qualitative with the type of field research (field research). This research was conducted by collecting data and information from three judges through interviews and online media voice calls. This study discusses the case of consanguinity marriages for unregistered married couples who have a family card, and then analyzes it using phenomenological theory and other related theories. The results of this study indicate that the misunderstanding of unregistered married couples in Mentok District is caused by three factors. First, low education. Second, the SPTJM for the validity of a husband and wife is a substitute for a marriage certificate/book. Third, the editorial that is written in the SPTJM is the truth of the married couple and the family card of the unregistered marriage partner. In the marriage certificate at PA Mentok, these two documents can be formal evidence in proving the validity of a couple's marriage. However, materially, the document cannot be used as a reference for the panel of judges' considerations to legitimize a couple's marriage. The judge needs to examine other relevant evidence. Even though the document contains the editorial "the truth of the husband and wife has not been recorded" and "the marriage has not been recorded.” But judge still needs to confirm the truth. Because the process of making these two documents was only carried out by certain parties (the applicant and the Dukcapil) without involving an institution authorized to legalize marriage (PA). As arranged in the Circular Letter of the Supreme Court Number 231/PAN/HK.05/1).

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