Lentera:Indonesian Journal of Multidisciplinary Islamic Studies
Vol 4 No 2 (2022): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies

Analisis Hukum Tentang Isbat Nikah Menurut KUH Perdata dan KHI Indonesia

Rita Khairani - (Pascasarjana IAIN Langsa)
Royan Bawono (Mahkamah Syari'iyyah Langsa Aceh)



Article Info

Publish Date
11 Sep 2022

Abstract

This study examines the legal analysis of marriage isbat according to the Civil Code, Law Number 1 of 1974 concerning Marriage and the Indonesian KHI. Based on the results of the study, it was found that marriage isbat is regulated in the Civil Code Articles 100-102. Regarding marriage isbat, the Civil Code does not provide strict limits on the elements that can be considered by the judge in determining the validity of a marriage. However, it has weaknesses, namely the disparity between the Indigenous, foreign and Chinese residents, this is what causes the absence of unification of a regulation and is the background for the birth of Law Number 1 of 1974 concerning Marriage. Law Number 1 of 1974 concerning Marriage also does not provide limitations regarding marriage events that can be requested for ratification. In contrast to the two provisions, the Compilation of Islamic Law (KHI) regulates the isbat of marriage in a strict manner by providing limitations as described in Article 7 paragraphs (1) to (4) in which a marriage can only be proven by a Marriage Certificate. A marriage cannot be proven by a marriage certificate, its marriage certificate can be submitted to the Religious Court/Syar'iyyah Court. The marriage isbat submitted is limited to five things and those who are entitled to apply for itsbat marriage are husband or wife, their children, marriage guardians and parties with an interest in the marriage.

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Journal Info

Abbrev

lentera

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

LENTERA invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related to Islam, Muslim society, and other religions which covers textual and fieldwork investigation with various perspectives of law, philosophy, mysticism, history, art, ...