PUBLIC LEGAL PROBLEMS

Unregistered Marriages

Arranged by :

Name : Rama agustianingsih

NPM : 1803101010306

Subject : English

SYIAH KUALA UNIVERSITY

Faculty Of Law

2018/2019
 CHAPTER I

PRELIMINARY

A. Background

Humans as social creatures cannot live by only relying on themselves (individuals). Humans
always need the help of others to meet their needs, not only in meeting the needs of clothing, food
alone. But literally humans have the desire to meet the needs in terms of having offspring and have a life
partner as a complement to his life. This can be realized with a marriage / marriage. The state specifies
in detail about this marriage in Law No. 1 of 1974 concerning Marriage. Where marriage is an "inner and
outer bond between a man and a woman as husband and wife with the aim of forming a happy and
eternal family (household) based on the Godhead. And a legal marriage is a marriage that is done in
accordance with the beliefs of each religion and each marriage must be recorded according to applicable
laws and regulations.

However, lately there has been a lot of siri marriage. Siri marriage is a marriage that is in
accordance with the conditions of marriage but is not registered in accordance with statutory
regulations. Marriage like this is considered negative and taboo by the people of Indonesia. But now it is
considered as an act that is commonly done by some people. Siri marriage is also increasing even has
been considered as a culture that is quickly absorbed by some regions.

Marriage in the days of the apostles in the past was not done by name, because it has not
caused complex problems like today. At present recording is an important thing to do in order to obtain
the name of legal force for both parties. While marriage without registration does not arise a guarantee
of law / legal force. It could be one of the parties in this Siri marriage is disadvantaged. Many factors also
cause the desire of humans to do marital marriages, one of the main factors is the desire to get married
for men.

B. Problem Formulation

1. What is the view of Siri marriage according to positive law and Islamic law?

2. What is the status of a child who is obtained as a result of siri marriage according to positive law and
Islamic law?

3. What are the disadvantages of Siri marriage for women?

4. Factors that cause marital siri?

5. What are the effects and consequences of Siri marriage?

 BAB II

DISCUSSION

A. Siri marriage in view of Indonesia's positive law.

Siri marriage is a marriage carried out in the presence of a guardian, two witnesses, and the
consent of Kabul. But do not take notes in the Office of Religious Affairs (KUA) or commonly called
underhand marriage. Because it does not meet the legal procedure. While marriage according to
positive law is closely related to the government in terms of marriage registration in accordance with
Law No.1 of 1974 concerning marriage. What is stated in Article 2 paragraph (1) is that "a marriage is
legal, if it is carried out according to the law of each religion and that belief". Article (2) "Every marriage
shall be recorded according to the applicable laws and regulations.

From the two verses above explicitly explained like that. That every marriage is declared valid if
done in accordance with their respective beliefs and must do the registration in the government. Where,
this recording is carried out in the same way as other legal events such as births, deaths stated by deed /
official letter by the authorized government. And the purpose of this recording is so that the parties
concerned get legal certainty. at some point if there is a dispute, the deed can be used as strong
evidence in court

This recording is also carried out with the aim that the creation of order / compliance with the
law in the community. Therefore a valid marriage must be registered with the supervision of the
marriage registration employee. If the Muslim religion can be done at KUA and for non-Muslims can take
notes at the Civil Registration office.

This registration is needed because every marriage will give rise to the name rights and
obligations between a husband and a wife. Where these rights and obligations will continue to exist as
long as this marital bond also still exists. Therefore, the benefit of this deed is greater than the absence
of the deed because it does not register at KUA. If the community obeys the existing law regarding
marriage, the parties concerned will receive legal protection by the government in the event of a divorce
or cancellation of the marriage. This is so that things do not happen that are not wanted and please be
used by certain parties which causes his wife and children to be his victim.

In the compilation of Islamic law must also register marriages, because if this is not done the
same as liquidating a spouse outside of marriage and producing children from marriages out of wedlock,
which if there is a dispute such as inheritance the government does not want to handle it. Because the
child only has a relationship with his mother, not with his father. This siri marriage has always been a
controversy, but a lot is happening in today's society. The lack of public knowledge about Siri marriage is
what makes it popular in the community. And do not think that the validity of a marriage must be
recorded by recording.
B. Marriage siri in view of Islamic law.

Siri marriage is not something that is taboo anymore for Indonesian people. Although there are
not many presentations, not a few practice it. When discussed in more detail "Sirri" has a secret
meaning. Siri marriage is actually not the custom of Muslims. In the time of the prophet Muhammad
SAW, never gave an example like this, but instead he suggested that marriage by celebrating by cutting a
goat. If you come from a family, it is enough to serve only modest food. The important thing is to create
a wallimah with the aim of introducing the bride and groom to the community.

But many opinions of scholars regarding this Siri marriage. There are those who consider it valid
and some who don't. Siri siri marriage according to some scholars if done with the terms and harmony in
Islam. The cleric views marriage if it is better than adultery. For scholars who consider siri marriage
unlawful because it will cause slander both in terms of men and women.

In the Compilation of Islamic Law, it does not expressly reject the siri marriage. because of the marriage
issue, that is, the two parties conducting this Siri marriage experienced a dispute that required divorce.
Because he did not do the registration he had to first do the marriage isbat so that there was a record,
so he could complete his divorce. The regulations in this compilation certainly have received approval
from the scholars. Considering the separation between religion and state contained in article 2
paragraph (1) (2) of Law No.1 Year 1974 concerning marriage. where in verse one states marriage must
be done according to their respective beliefs and religions. the scholars consider that if a marriage is
carried out on the terms and harmony in accordance with Islamic religion is considered valid and there is
no relevance to the record. But the recording is considered an administrative requirement that can be
done at any time.

C. Status of children who are obtained from Siri marriage according to a positive legal view

children obtained through serial marriages are still not recognized by law. In accordance with
Law No.1 Year 1974 article 42 that "a legitimate child is a child born in or as a result of a legal marriage".
From the above article, we can conclude that children from this marital marriage are considered
illegitimate by state law, even though they are carried out according to religious terms and conditions.
This is because the marriage was not done publicly and recorded by the state. It is still difficult for the
state to recognize the legal status of children from this Siri marriage. Not a few people consider as
children out of wedlock.

Article 43 of Act No.1 of 1974 states that "children born outside of marriage only have a civil
relationship with their mother and mother's family". So that the child will be difficult in managing their
rights such as inheritance if the father dies or divorces his mother, even he doesn't have a birth
certificate. In this case the child is very difficult to get legal certainty from the state. So that feels
disadvantaged from this marriage is his wife and child.

But this problem has come to light. Through the decision of the Constitutional Court No.46 /
PUU-VII / 2010 concerning the testing of article 43 paragraph (1) of the Marriage Law, that
 children born outside of marriage have a biological relationship with their father, not only to the
mother and the mother's family. Marriage registration is not a determining factor for the legality
of marriage but only administrative conditions in order to obtain guaranteed protection and
fulfillment of human rights for those concerned.This administrative record is carried out so that
one day a dispute between the parties in question can become valid evidence with an authentic
deed. A child who is obtained from a siri marriage can get an inheritance if both parents engage
in marriage in court to register with the state.

D. Status of serial marriage children according to Islamic law.

Society understands siri marriage as marriage under the hand or marriage without registration.
Where valid in religion but not based on state law. In Islam every marriage that is carried out in
accordance with Islamic terms and conditions is legal according to religion. Namely the guardians,
witnesses, consent Kabul. However, if one of these conditions is not fulfilled, marriage is invalid both in
the eyes of the state and religion.

In Islamic law a child obtained from a siri marriage is entitled to a living, an inheritance if the
father dies and is entitled to joint property if the mother divorces his father. Even so the Indonesian
ulema council still advocates that a legal marriage according to the state in order to minimize losses will
be borne by the women. Because the marriage has no legal power in the eyes of the state.

If the wife and child are abandoned, they cannot sue their husband or father because there is no
proof of marriage. Therefore, the wife and child do not have legal power. This is the weakness of Siri
marriage.

E. Losses siri marriage for women.

Every woman who has grown up craves a marriage in her life. But the low knowledge of women
and society about law. Most women are trapped in this Siri marriage. They easily get married in a series
without thinking about the impact. The parties concerned only think of their lust as fulfilling their needs.

Not a few men who do this Siri marriage because they want to have more than a wife. The
target is women who are easily willing to be invited to have a marriage of siri because of factors like, the
economy to have a state marriage.

Without realizing it by the woman, it turns out women have enormous losses. Both legally and socially.

• If we look at it legally

1. Wives are not considered legitimate wives.

2. If you are not entitled to living, inheritance if the husband dies.

3. The wife is not entitled to joint assets / joint assets if divorced.

4. The child does not have a civil relationship with the father.

5. Children find it difficult to enter school because they do not have birth certificates.
• Social impact.

The existence of inner pressure due to gossip around the community. Wives find it difficult to socialize
because they are considered to be married together or live in the same house with men without legal
marriage ties. usually this social impact has the most influence on a woman's life. Ordinary people
consider a woman like this as a mistress or cheating husband.

F. Factors - making marital siri.

he marriage is generally known to many people is a marriage that is done officially both
religiously and nationally. But there are still many people who do siri marriage because of several
factors.

1. educational background factors are minimal, so the lack of understanding of legal awareness that
marriage is required to be registered in the Office of Religious Affairs (KUA). Registering a marriage in
KUA is something that is difficult for people who do not understand deeply about the importance of the
registration

2. economic factors, unable to pay the cost of recording his marriage at the local religious affairs office.

3. Factors of religious differences, Recording is considered as an obstacle or difficult for people who will
get married without thinking about the consequences for children born

4. Service / work ties. There are service / work ties or regulations that do not allow marriage because he
works for a certain time in accordance with the agreement that has been agreed, or because he / she is
still in service / work then he / she must not get married until he has passed the agreed agreement.

5. Legal awareness factor, the intention is legal awareness on the perpetrators is still not high enough.

6. Siri marriage is carried out because it does not get the blessing of the parents of both parties or one
of the parties.

7. Siri marriage is carried out because of an illicit relationship / affair, for example one or both of the
parties had previously been legally married but want to remarry with another person.

8. Siri marriage is done on the grounds that someone feels unhappy with his partner, so that the
intention arises to find another partner to get happiness.

9. Siri marriage is done under the pretext of avoiding sins due to adultery. Concerns Many of these
concerns are experienced by student couples. Relationships are getting closer and closer, raising fears of
acts that violate sharia. Marriage marriage is considered as a way out which can cause turmoil in love
and at the same time eliminate the fear of adultery.

10. There is a desire to polygamy for men, but not blessed by his wife / wives.

11. Lack of material and social readiness from the parties concerned.

12. There is a desire to have sexual relations between the two parties.
 With the factors of action to conduct a marriage of siri increasingly widespread found in today's
society, both from the upper classes to the lower classes. This was influenced by limited knowledge of
the law and costs. As for the upper class with the reason of fear of sin and adultery. But if they know the
consequences caused by practicing Siri marriage, they may be reluctant to do so. Because the
consequences caused in the future will be troublesome yourself. will be the result in the future. If they
are blessed with a child, then the child's status automatically becomes a problem. Will he be a legitimate
child or not

G. The impact of marriage in a series.

Marriage is a legal act. The resulting consequences of marriage are legal according to the law.
However, siri marriage is an act of concealing a marriage so that it includes legal defects, where if there
is a dispute and dispute there is no legal protection for both husband, wife and children.We know that
every legal marriage will have ups and downs which will be colored by problems and conflicts between
wives and husbands. Especially if the marriage is done in a series that is very vulnerable to conflict. Both
influenced by internal and external elements.

1 Family problems, this conflict will arise if:

a. Marriage is done because of coercion by parents and it could be because it was not approved by
parents

b. The existence of a third party, this problem can be said to be very complicated. Where a legal wife is
of course very alert with cases like this. Women must be prepared for the inner pressures that their legal
wives will do.

c. Polygamy, we know that human beings have insatiable qualities, as well as men who always want to
have more than one wife. And the other way is by marriage siri. and the community will certainly be
more negative about women who should be protected.

d. Religious differences. The strong sense of trust in each person sometimes makes people reluctant to
convert even though they are loving. Until finally justifies interfaith marriages. Although it is a violation
according to both state law and religious law.

2. Economic and educational problems

a. This problem is usually done by the middle class and students. Where they do not yet have an income
that meets their needs but do a Siri marriage. Students are very difficult to divide time between work,
class schedules, and assignments that burden them.

3. Legal problems

Siri marriage is a deformity and violates the law. If only the government gave strict sanctions
against this act. Maybe it can minimize this action. Actually, the biggest problem of Siri marriage is
burdened by his wife and children. although he is legally religious, his wife does not have birth and inner
rights in the form of inheritance rights if divorce occurs at any time., the right of complaints in the event
of domestic violence, children will find it difficult to enter school because they do not have birth
certificates, the right to legal protection if left by the husband without news for 2 years. This all
happened very likely because the husband was not touched by the law at all. The husband can be free to
do anything like remarrying, because it is considered illegitimate by state law, the husband can
circumvent in order to avoid the obligation to provide a living, the husband is not to mess around with
the distribution of inheritance, shared assets because his wife does not get legal protection in the eyes
of the state.

4. Social and psychological factors.

Living with men under Siri marriage, especially with the absence of a marriage certificate as
evidence is an act that cannot be understood by every community. With we know that human thought is
very different. There will be many people who want to know why someone is doing this Siri marriage. It
is from this question that triggers prejudices from the public. People will gossip, ridicule and make it a
taboo event to do.

Village officials will also find it difficult to collect data on the population of couples who marry
Siri because there is no written evidence to record. So that the couple will also be difficult in terms of
socializing with the community and the surrounding environment. It can even be isolated from the
community. This can affect the psychic of his wife and child.
 CHAPTER III

CONCLUSION

A. Conclusion
Marriage according to positive law is closely related to the government in terms of
marriage registration in accordance with Law No.1 of 1974 concerning marriage. What is stated
in Article 2 paragraph (1) is that "a marriage is legal, if it is carried out according to the law of
each religion and that belief". Article (2) "Every marriage shall be recorded according to the
applicable laws and regulations. From the two verses above explicitly explained like that. That
every marriage is declared valid if done in accordance with their respective beliefs and must do
the registration in the government. Where, this recording is carried out in the same way as
other legal events such as births, deaths stated by deed / official letter by the authorized
government. And the purpose of this recording is so that the parties concerned get legal
certainty. at some point if there is a dispute, the deed can be used as strong evidence in court.

B. Suggestions
As good citizens, we should have legal marriages both according to religious law and the
country's positive law. We as women must be smart when it comes to marriages, so we are not
always harmed by the men