Pelaksanaan Perkawinan Bawah Tangan Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Di Kecamatan Sungai Apit)

Astika, Peni (2021) Pelaksanaan Perkawinan Bawah Tangan Berdasarkan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Di Kecamatan Sungai Apit). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Life in this world, between a man and a woman, naturally has an attraction between one another to be able to live together. In other words, they want to form a physical and spiritual bond that aims to create a household life that is prosperous, harmonious, eternal and happy. So that the sanctity of love and affection between the two is maintained and they will also be preserved from the destruction of their respective lusts, and for the realization of the goal of creating a harmonious, peaceful and happy family, this is legalized by a marriage. Article 1 of Law Number 1 of 1974 states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Article 2 of Law Number 1 of 1974 states that: (1) marriage is legal, if it is carried out according to the law of each religion and belief (2) each marriage is recorded according to the applicable laws and regulations. In practice, many people, especially in the Sungai Apit subdistrict, carry out underhand marriages. Where the marriage is carried out by fulfilling the pillars and requirements of marriage according to the Islamic religion, but the marriage is not registered by the marriage registration officer. So that the marriage does not have legal legality and does not get legal protection. In conducting this research, the authors formulate the main problems including how is the implementation of underhand marriage in the community in the Sungai Apit sub-district and what are the consequences of the underhand marriage carried out by the community in the Sungai Apit sub-district. The research method that the author uses in this study is empirical law, namely the author goes directly to the field to obtain information and data that will be used as material in writing by conducting interviews and questionnaires. The nature of this research is descriptive, namely the author provides an overview of the implementation and consequences of underhand marriages carried out by the community in the Sungai Apit sub-district. Based on the results of research on the implementation of underhand marriages in the community in the Sungai Apit sub-district, namely marriages carried out by the community meet the pillars and requirements of marriage based on Islam, but the marriage is not registered by the marriage registration officer Meanwhile, the consequences of underhand marriages carried out by the community in the Sungai Apit sub-district are the wife cannot claim her rights which are not fulfilled by her husband, cannot make an ID card, family card, passport and others, children born from such marriages are difficult to recognize, the wife is also difficult to recognize. by the state, the wife does not get the gono gini property and the child also does not have inheritance rights.

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