A Study on the Settlement of Divorce Cases for Undocumented Marriages at the Raba-Bima Religious Court

DOI

10.2991/assehr.k.210525.101How to use a DOI?

Keywords

statutes, policy, marriage, perspective

Abstract

Problems of undocumented marriage have been discussed since and before the enactment of Law Number 1 of 1974 concerning Marriage which stated that marriage is only carried out according to the religious law and beliefs of both parties. If there is a continuous dispute between husband and wife which results in the break-up of the marriage, the husband and wife must submit a divorce application to the Religious Court accompanied by the applicant for the marriage certificate. This research was carried out: first, to find out and describe that the legal standing of the policy of marriage status according to the marriage laws is carried out to obtain legal certainty for unregistered marriages. Second, to find out the existence of the marriage policy in resolving divorce cases for marriages that ignore Article 2 Paragraph (2) of Law Number 1 of 1974 concerning Marriage. Third, open space for marriages that ignore Article 2 Paragraph (2) in order to apply for a marriage certificate to the Religious Court for the benefit of life in a family and in society. To study and analyze these problems in more depth, the researchers conducted empirical normative research by analyzing various documents, in addition to obtaining direct information from various related sources. To collect the data needed, the researchers did observation and collecting documents in the library related to the problem and conducting direct interviews with Judge at the Religious Court of Raba Bima and parties who have requested marriage, and the researchers analyzed the data descriptively quantitatively to conclude a qualitative solution. The results showed that there was no marriage that was carried out ignoring the applicable laws, because the law itself guarantees the solution to solving marital problems so that the marriage is legally valid.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - M Mastorat
AU  - K Kasmar
AU  - M Munir
AU  - I Iksan
AU  - J Jufrin
PY  - 2021
DA  - 2021/05/26
TI  - A Study on the Settlement of Divorce Cases for Undocumented Marriages at the Raba-Bima Religious Court
BT  - Proceedings of the 2nd Annual Conference on Education and Social Science (ACCESS 2020)
PB  - Atlantis Press
SP  - 330
EP  - 335
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210525.101
DO  - 10.2991/assehr.k.210525.101
ID  - Mastorat2021
ER  -