Praktik perkawinan di bawah tangan dan penyelesaian hukumnya di Daerah Istimewa Yogyakarta = Practice of Unregistered Marriage and its Legal Solution in Yogyakarta Special Province

• Main Author: Perpustakaan UGM, i-lib
• Format: Article NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2003
• Subjects: Jurnal i-lib UGM
• Online Access: https://repository.ugm.ac.id/19951/; http://i-lib.ugm.ac.id/jurnal/download.php?dataId=2792
• Institution: Universitas Gadjah Mada

A marriage among Moslems can be assumed legal and recognized its existence if it is carried out according to Islamic Law and it is carried out before Marriage Registration Official (Article 2 :1, 2 Marriage Act jo Article 10 : 3 Government Regulation No. 9 Year 1975). In the fact, many Moslems get married merely according to Islamic Law, without registration in Office of Religious Affairs. The aims of this research are to find out of the reasons, execution and legal impact that maybe arisen and faced by unregistered marriage actors or sirri marriage and its legal solution. The research was conducted within Yogyakarta Special Province by studying document of Court of Religious Judgments, and interviewing five judges of Court of Religious, ten heads of the Office of Religious Affairs, thirty unregistered marriage actors, fifteen trustees, fifteen witnesses, and ten Islamic scholars. Then, the collected data were analyzed qualitatively. The research conveys that the reasons why the unregistered marriage is carried out are to avoid sin, to make the cost cheaper, and to avoid difficult bureaucracy, and other casuistic reasons. The procedure of sirri marriage (unregistered marriage) is not different with marriage procedure in Islamic Law. The Law Impact of unregistered marriage is assumed to be a violation of the act of marriage and Criminal Code (KUHP). The problem of sirri marriage can be settled by itsbat nikah (marriage itsbat).