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AKIBAT HUKUM ISBAT NIKAH DALAM PENCATATAN PERNIKAHAN SIRI DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU
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Institusion
Universitas Muhammadiyah Ponorogo
Author
Ernianti, Sri Kulsum
Subject
KZ Law of Nations 
Datestamp
2022-09-14 02:08:14 
Abstract :
ABSTRACT At the time of writing this paper, the author has a formulation of the problem that is the main focus of this research, namely: first, who can apply for an isbat nikah against a sirri marriage? Second, what are the legal consequences of applying for a marriage isbat against a sirri marriage? So from the formulation of the problem, this study has objectives, namely: First, to find out in advance who can apply for a marriage isbat against a sirri marriage, and Second, to find out and understand what the legal consequences are in applying for a marriage isbat against a sirri marriage. To make this research a success, the authors apply a normative type of research method through a statutory approach, which is a legal research that focuses on reviewing documents, namely implementing various secondary data such as legal references, legislation, decisions courts, legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of the study indicate that the submission of the isbat marriage case cannot be done by just anyone. Where the submission must be made by husband and wife only, who have previously carried out a series of marriages, namely marriages that are legally in accordance with Islamic religious rules, but are not legal in the eyes of state law. Marriage is a sacred and meaningful thing for all people in various religions, especially Islam. As it is known that Indonesia has declared and regulated the existence of marriage in Law Number 1 of 1974 concerning Marriage. Therefore, the submission of the marriage isbat will also give birth to legal effects or consequences after but the legal consequences are certainly more positive, namely when the marriage isbat application has been granted, the applicant will get evidence that is authentic and can be done to resolve problems related to family or other matters. related to the Religious Courts, where marriage isbat has a function, namely to provide definite laws, provide order, and provide legal protection guarantees, therefore marriage registration is a formal legal requirement for marriage, which has an administrative nature. Keywords: Siri Marriage, Marriage Isbat Application, LaW 
Institution Info

Universitas Muhammadiyah Ponorogo