Abstract
Marriage is the Islamic Shari'ah, where Allah SWT has made this Shari'a to create the goal of sakinah, mawaddah, rahmah. The Indonesian government considers it very important about marriage and therefore national marriage legislation is enacted. So issued law No. 1 of 1974 on marriage and government regulation No. 9 of 1975 on the implementation of law No. 1 of 1974 which regulates the problem of marriage. And to keep the destination of this marriage then the government ordered the public to record every marriage that took place in the Ministry of Religious Affairs through the Office of Religious Affairs (KUA) located in the District. As stipulated in the Compilation of Islamic Law article 2 concerning Marriage Registration is "recording of marriage of those who hold their marriage according to Islamic religion, performed by the appointing officer as meant in Law Number 32 Year 1954 concerning Recording of Marriage, Divorce and Reconciliation. But even so unregistered marriages are still considered valid by marriage law in Indonesia, and can be canceled with a 3rd party lawsuit, as for Islamic law marriages that take place without recording can not be undone. Keywords: Marriage, Identity Data Fraud
Highlights
Marriage is the Islamic Shari'ah, where Allah S.W.T. has made this Shari'a to create the goal of sakinah, mawaddah, rahmah
Issued law No 1 of 1974 on marriage and government regulation No 9 of 1975 on the implementation of law No 1 of 1974 which regulates the problem of marriage
As stipulated in the Compilation of Islamic Law article 2 concerning Marriage Registration is "recording of marriage of those who hold their marriage according to Islamic religion, performed by the appointing officer as meant in Law Number 32 Year 1954 concerning Recording of Marriage, Divorce and Reconciliation
Summary
To keep the destination of this marriage the government ordered the public to record every marriage that took place in the Ministry of Religious Affairs through the Office of Religious Affairs (KUA) located in the District. Even so unregistered marriages are still considered valid by marriage law in Indonesia, and can be canceled with a 3rd party lawsuit, as for Islamic law marriages that take place without recording can not be undone. Pernikahan merupakan syariat Islam, dimana Allah S.W.T. telah menjadikan syariat ini untuk menciptakan tujuannya yaitu sakinah, mawaddah, dan rahmah. Sebagaimana yang diatur dalam Kompilasi Hukum Islam pasal 2 tentang Pencatatan Pernikahan yaitu “pencatatan perkawinan dari mereka yang melangsungkan perkawinannya menurut agama islam, dilakukan oleh pegawai pencatat sebagaimana dimaksudkan dalam Undang-undang Nomor 32 Tahun 1954 tentang Pencatatan Nikah, Talak dan Rujuk. Tapi walaupun demikian pernikahan yang tidak tercatat tetap dianggap sah oleh hukum pernikahan di Indonesia, dan dapat dibatalkan dengan gugatan pihak ke 3, adapun secara hukum Islam pernikahan yang berlangsung tanpa pencatatan tidak bisa dibatalkan
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