Legitimating the Legitimate: Legal Certainty of Marriage Law in Indonesia

Sukiati, Fatimah, Nurcahaya, Muhammad Hidayat, Syafruddin Syam

2018

Abstract

This paper aims at discussing the problems of legal certainty of marriage in Indonesia. It is known that marriages in Indonesia are based on Wedding Acts No. 1 year 1974. In article 2 (1) of the Acts, it is explained that for married couple “Marriage is lawful if it is done according to the laws of their religions.” This validity is reaffirmed by chapter 4 of KHI (Compilation of Islamic Laws) namely "Marriage is lawful if it is done according to Islamic law.” However, so many marriages are not registered for several reasons. To fulfill the legal certainty of marriages, it must be registered to the Islamic Court or Religious Affairs Office through itsbat of marriage. Using some references as the data source, the authors find that the reasons in doing itsbat of marriage is not merely for having legal certainty of the marriage, but also for having administrative legitimization to divorce and for legitimating polygamy.

Paper Citation

in Harvard Style

Sukiati., Fatimah., Hidayat M., Nurcahaya. and Syam S. (2018). Legitimating the Legitimate: Legal Certainty of Marriage Law in Indonesia.In Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR, ISBN 978-989-758-437-4, pages 686-691. DOI: 10.5220/0008892506860691

in Bibtex Style

@conference{icmr18,
author={Sukiati and Fatimah and Muhammad Hidayat and Nurcahaya and Syafruddin Syam},
title={Legitimating the Legitimate: Legal Certainty of Marriage Law in Indonesia},
booktitle={Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,},
year={2018},
pages={686-691},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0008892506860691},
isbn={978-989-758-437-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,
TI - Legitimating the Legitimate: Legal Certainty of Marriage Law in Indonesia
SN - 978-989-758-437-4
AU - Sukiati.
AU - Fatimah.
AU - Hidayat M.
AU - Nurcahaya.
AU - Syam S.
PY - 2018
SP - 686
EP - 691
DO - 10.5220/0008892506860691