PRINSIP PENCATATAN PERKAWINAN MENURUT UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

BARZAH LATUPONO, 031070519 (2015) PRINSIP PENCATATAN PERKAWINAN MENURUT UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This research is generally aimed at finding forms of legal arrangements relating to the principle of the marriage registration by Law No. 1 of 1974. Therefore, this research is expected to contribute valid concepts theoretically and practically from aspects of civil law, especially the law of marriage, so it could provide clarity in the principle of marriage registration by law number 1 of 1974 on marriage. In this study, there are three legal issues raised, namely: 1. Nature Marriage Registration in Indonesia; 2. The ratio legis of Marriage Registration; 3. Legal consequences in unregistered marriages toward children, husband and wife. This is a legal research applying normative legal analysis with Legal, Case, and Concept approaches. The results were achieved based on the existing legal issues. Namely the principle of marriage registration indicating marriage performed by religious law. This is then registered to obtain marriage evidence in the form of excerpt of marriage certificate as evidence showing that the parties have a legal relationship, so they should be recognized and protected by law. Thus, a Marriage Registration, the result of efforts (ijtihad) by Islamic scholars, is a compulsory due to benefits for all parties, either the child, husband and wife or marital property acquired. After analyzing the provisions of marriage registration, more studies are required. This is due to then need of effective implementation of such provisions which shall synchronize the legislation and issues related to population administration. New provisions are required, either in the form of more assertive administrative sanction regulated in law and its implementing regulation. Moreover, the marriage registration shall be in a separate article and not merged with the legal requirements of religion. In its implementation, it is expected not creating a variety of opinions leading to failure in obtaining legal certainty in society.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis. H. 17-15 Lat p
Uncontrolled Keywords: Principles of marriage registration, Verification, Legal Protection
Subjects: H Social Sciences > HQ The family. Marriage. Woman > HQ1-2044 The Family. Marriage. Women > HQ503-1064 The family. Marriage. Home
H Social Sciences > HV Social pathology. Social and public welfare > HV1-9960 Social pathology. Social and public welfare. Criminology > HV697-4959 Protection, assistance and relief
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1700-1973 Social legislation
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
BARZAH LATUPONO, 031070519UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorAGUS YUDHA HERNOKO, Prof., Dr., SH., MHUNSPECIFIED
ContributorABDUL SHOMAD, Prof. Dr. Drs., S.H., M.H.UNSPECIFIED
Depositing User: Nn Dhani Karolyn Putri
Date Deposited: 11 Oct 2016 02:50
Last Modified: 11 Jul 2017 20:07
URI: http://repository.unair.ac.id/id/eprint/32618
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