Karya Ilmiah

DISERTASI (0115) - Prinsip Pencatatan Perkawinan Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan

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This research is generally aimed at finding forms of legal arrangements
relating to the principle of the marriage registration by Law No. 1 of 1974.
Therefore, this research is expected to contribute valid concepts theoretically and
practically from aspects of civil law, especially the law of marriage, so it could
provide clarity in the principle of marriage registration by law number 1 of 1974
on marriage. In this study, there are three legal issues raised, namely: 1. Nature
Marriage Registration in Indonesia; 2. The ratio legis of Marriage Registration; 3.
Legal consequences in unregistered marriages toward children, husband and wife.
This is a legal research applying normative legal analysis with Legal, Case, and
Concept approaches.
The results were achieved based on the existing legal issues. Namely the
principle of marriage registration indicating marriage performed by religious law.
This is then registered to obtain marriage evidence in the form of excerpt of
marriage certificate as evidence showing that the parties have a legal relationship,
so they should be recognized and protected by law. Thus, a Marriage Registration,
the result of efforts (ijtihad) by Islamic scholars, is a compulsory due to benefits
for all parties, either the child, husband and wife or marital property acquired.
After analyzing the provisions of marriage registration, more studies are
required. This is due to then need of effective implementation of such provisions
which shall synchronize the legislation and issues related to population
administration. New provisions are required, either in the form of more assertive
administrative sanction regulated in law and its implementing regulation.
Moreover, the marriage registration shall be in a separate article and not merged
with the legal requirements of religion. In its implementation, it is expected not
creating a variety of opinions leading to failure in obtaining legal certainty in
society.

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Ketersediaan

031070519

0115

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0115

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERKAWINAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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