PRAKTIK NIKAH SIRI (STUDI KASUS DI DESA BANJARSARI KECAMATAN BANTARKAWUNG KABUPATEN BREBES)

Eka Mardianingsih, S.Sy, NIM.: 21203011024 (2023) PRAKTIK NIKAH SIRI (STUDI KASUS DI DESA BANJARSARI KECAMATAN BANTARKAWUNG KABUPATEN BREBES). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Law Number 1 of 1974 in Article 2 paragraph (2) of marriage states that every marriage is registered according to the applicable law. Article 5 paragraph (1) of the Compilation of Islamic Law states that to ensure orderliness of marriage for the Muslim community, every marriage must be recorded. Thus the importance of registering marriages is to regulate the administration of marriage in society because at any time the means of proof of marriage in the form of a marriage certificate can be used and is required as authentic written evidence and has legal force based on law. In the Banjarsari Village community, there are still many unregistered marriages where most of the people are alumni of Islamic boarding schools. This situation can hinder the realization of the hopes of the sakinah mawadah wa rahmah family, which results in the emergence of social problems. They know and understand religious laws, but in their environment, unregistered marriages still occur. The practice of unregistered marriages is carried out by them, both those who are old enough and those who are still underage, which is prohibited by the State.Banjarsari Village is best known as a village where a lot of unregistered marriages from many villages, namely 18 villages in Bantarkawung District, Brebes Regency. Some people do not comply with the Office of Religious Affairs, in addition to the lack of awareness of the community about According to the law that applies in Indonesia in matters of marriage, in that area there are also several community leaders "ulama" who seem to recommend marrying in a series if they are already loving each other and getting married because impoverished and avoiding adultery. Siri to avoid committing adultery, think that the procedure for marriage can only go through a cleric or kyai that is enough because it contains an element of religious marriage. However, they did not consider the impact or influence in the future after carrying out unregistered marriages such as the status of children, income, and inheritance issues. The formulation of the problem in this study is what problems occur in unregistered marriages in Banjarsari Village, Bantarkawung District, Brebes Regency? Why do people in Banjarsari Village, Bantarkawung District, and Brebes Regency practice unregistered marriages? This research is field research using qualitative methods. To understand the practice of the above-unregistered marriage phenomenon, the author uses the perspective of the sociology of Islamic law as an approach and the Structural-Functional Theory of Talcott Parsons as his analytical. The results of this study indicate that unregistered marriages that took place in Banjarsari Village, Bantarkawung District, Brebes Regency created a problem for those who did it, including the following: Lack of fulfillment of the husband's role responsibilities towards wife and children, difficulties in managing population administration, vulnerable marital integrity, difficult to maintain, and decreased quality of life of children. As contained in KHI article 6 paragraph (2), in this case, the marriage is unregistered because it does not have a legal force so it has an impact on the wife, children, and assets. The analysis of the phenomenon of unregistered marriage practices uses the Structural Functionalism theory approach of Talcott Parsons' thinking with the AGIL scheme, namely adaptation (A/adaptation), (Goal attainment/goal attainment), (integration) and (Latency) or pattern maintenance. Thus this theory can achieve the goal of minimizing and giving awareness to the public to register their marriages so they can achieve happiness in the household

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