Hukum Perkawinan Siri Dan Konsekuensinya Terhadap Istri Dan Anak Di Kecamatan Marpoyan Damai

Hokianetta, Alma Bonita (2022) Hukum Perkawinan Siri Dan Konsekuensinya Terhadap Istri Dan Anak Di Kecamatan Marpoyan Damai. Other thesis, Universitas Islam Riau.

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Abstract

SIRI MARRIAGE LAW AND CONSEQUENCES FOR WIFE AND CHILDREN IN MARPOYAN DAMAI DISTRICT In the Compilation of Islamic Law and Law Number 1 of 1974 concerning Marriage, a legal marriage based on the rule of law in Indonesia is a marriage that meets the pillars and requirements of marriage based on their respective beliefs and is registered with the Marriage Registrar. In the law that applies in Indonesia, it’s not known that there’re unregistered marriages because they are marriages that are’nt recognized by the State because marriages are not registered with the authorized institution. Here, author examines law of unregistered marriage from CIL and that occurred in Marpoyan Damai District, Pekanbaru City. The type of research in the author's thesis is normative-empirical which triggers the legal norms contained in the legislation, namely Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law, while the empirical approach is an approach by looking at a reality that occurred. From the results of an interview with the head of KUA Marpoyan Damai, he said that the unregistered marriage that occurred in Marpoyan Damai District was due to factors such as pregnant women before marriage, the pandemic period, being underege, polygamy. After the authors conducted further research, the authors found other factors, such as family factors and the previous husband left the wife. The existence of an unregistered marriage itself has consequences for the wife and children resulting from the marriage. For the wife will get consequences such as not being entitled to a husband's maintenance, not being a legal wife under the law, so that if a problem occurs the husband can easily disown his wife, the marriage they go through does not have legal certainty, so they are vulnerable to domestic violence. The wife is not entitled to joint property at the time of divorce. For children themselves, there will be consequences, namely children resulting from unregistered marriages are not legal children or are considered children out of wedlock. The father he knew as his biological father was not his real father in the eyes of the State. In other words, the child will lose the legal relationship with the father. Such as the absence of the father's name in the child's birth certificate, as well as in state documents on behalf of the child. Children are also not entitled to inheritance, as well as a living from their father. The child also loses the rights of care from the father if the father is not responsible for the family. As well as psychologically the wife and childrend will also have problems due to the many blasphemy, slander and scorn received.

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