FENOMENA PRAKTIK NIKAH SIRI DAN UPAYA LEGALISASI DI KECAMATAN TAMBELANGAN KABUPATEN SAMPANG

Sukron, S.H., NIM.: 21203012128 (2024) FENOMENA PRAKTIK NIKAH SIRI DAN UPAYA LEGALISASI DI KECAMATAN TAMBELANGAN KABUPATEN SAMPANG. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research stems from the researcher's interest in writing about the practice of unregistered marriages and recording efforts at the Tambelangan KUA. Even though there have been many studies that have discussed similar themes, this research has a different discussion focus, namely that this research focuses on the reasons why Tambelangan people carry out unregistered marriages before registering pre-marriages. This research also examines the community's efforts to legalize the marriage and examines the extent to which the Tambelangan KUA headman responds to these efforts. To answer the questions above, this research uses a legal sociology approach with legal awareness theory and authority theory. This type of research is a type of field research with primary data in the form of direct interviews with 15 husbands or wives, two marriage guardians, 2 kiai or religious leaders, 3 village officials, and 3 Tambelangan KUA employees. Apart from that, this research is also supported by secondary data in the form of articles, journals, theses, theses, dissertations, and other similar things that discuss the practice of unregistered marriage and legalization efforts. This research found that: first, the practice of unregistered marriage is influenced by two factors, namely, the tradition of determining the day of the contract (nyareh dina) which is requested by the couple from religious figures who have charismatic authority and encouragement from the community to comply with the Kiai's directions. Apart from that, the practice of unregistered marriages is also caused by less than optimal service from village officials in arranging marriage cover letters (N1), which is closely related to the tradition of giving bereghet fees from couples to village officials, who they consider to be the traditional authority in managing all forms of marriage registration. Second, couples who carry out unregistered marriages also make efforts to legalize the marriage by submitting a request for registration to the Office of Religious Affairs (KUA), where this practice from a normative perspective is not in accordance with the provisions of Article 7 paragraph 2 of the KHI related to applications for marriage isbat which must be carried out in Religious Court (PA). The choice of this practice has been passed down from generation to generation, influenced by the attitude of the office of relegious affairs which tends to accommodate applications for the registration of serial marriages. Third, the office of relegious affairs officials have two attitudes in responding to requests for registration of unregistered marriages, including: a. an attitude of acceptance that the celebrants carry out the registration of unregistered marriages, especially for unregistered marriage couples whose application for marriage registration is not far from their unregistered marriage and for couples who have not yet experienced pregnancy. b. attitude of refusal, that the office of relegious affairs refuses to carry out registration as is the attitude of the office of relegious affairs in general and recommends the parties to submit a marriage isbat application to the Religious Court. This attitude is shown especially towards couples who are known to have children or are currently pregnant.

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