QUIZ

1. Please mention the Condition or Requirement of Marriage based on Law

No.1 of 1974! How the validity of marriage when the marriage do not
registered before official mariage registrar (nikah siri) ? Explain!
2. Joko wants to get married. However, his parents are reluctant to marry
due to Joko age is still 17 years old. But the parents see that Joko
relationship and his girlfriend is getting intimate, they worry if later
they commit fornicate. Therefore, his parents agreed to marry them
both. What legal efforts should they make to make their wish come
true?
3. Gery and Lita are busy couples. When they get married they do not
have time to go to KUA to tell their wedding intentions. They just send
a notification and attach the required file to the local KUA via post.
Whereas KUA employees have the obligation to investigate the
registered marriage validity (see Article 6 paragraphs (1) and (2) and
Article 7 of Government Regulation No. 9 of 1975). The investigation is
important so that no harmful gharar (fraud) elements in the marriage
(eg, the bride has been "pregnant", one of the brides still bound by
previous marriage, "underage" and so on). Do you think the presence
of the bride in marriage registration / notification is mandatory or not?
Explain with the legal basis!
4. Muklis is in love and is determined to marry his neighbor, his neighbor
rina. The wish of Muklis received warm welcome from Mr. Herman
(father rina). Therefore, both sides informed of their wishes to the KUA
to be married. However, the plan got opposition from Mrs. Laksmi (her
mother Rina) because she once breastfeeding to Muklis when muklis
still in baby (radla'ah/saudara sepersusuan). Mr. Herman told Mrs.
Lakshmi to remain silent, because it could mess up the family plan and
would embarrass the family. The question:
a. what should Mrs. Lakshmi should do ?; and
b. And what should be done by the Registrar Officer?
Answers:

1. Nikah siri is unvalid because based on Article 2 Paragraph 2 Law No. 1

of 1974 that each marriage shall be entered in a register conform to the
statutory regulations
2. According to article 7 Law No. 1 of 1974 that the legal effort should
parent’s joko make is must ask permission or dispensation to the court.
The applicant must provide a very urgent reason with sufficient
supporting evidence.
3. No, it is not mandatory the presence of the bride in marriage
registration based on Article 6 Paragraph 2 Government Regulation No
9 of 1975. If they can’t attend to registrar marriage, the requirement is
to make power of attorney.
4. a. Mrs Laksmi can inform the situation to the marriage registration
b. The registrar officer is obliged to prevent the marriages, because it is
not permitted and violated article 8 Law No. 1 of 1974.