Upaya hukum terhadap perkawinan yang tidak dilakukan pencatatan sebelumnya = Legal efforts on marriage that are not registered before

Anggita, Riska Putri (2017) Upaya hukum terhadap perkawinan yang tidak dilakukan pencatatan sebelumnya = Legal efforts on marriage that are not registered before. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Related to article 2 verse (1) of the Marriage Act States that a marriage is legal if it is conducted according to the law of each other religion and belief. Furthermore, article 2 verse (2) of the Marriage Act obligies that every marriage should be registered according to the regulations. The marriage act does not regulate and describe about what it’s legal consequences are, if a marriage is conducted only based on the law of religion or belief without conducting a registration for that marriage. However, many people mistaken and only implement the marriage, without registering on the authorized institution, that consequences the marriage is not considered valid by the State. In Tangerang region, Banten Provience, it can be found that there are many Chinese descendant people conducting marriages based on the religious ceremonies without conducting marriage registration. That condition may cause a legal consequence that the children from those unregistered marriages will receive a position as an illegitimate child and the marriage is not considered by the State so that wife and childrens could not demand their rights. This research aims to understand the effort that required on a marriage that had been done, but did not do the registration in authorized institutions, so the marriage rights and obligations can be fulfilled. Implement the regulations by registering it to the authorized institution cause the marriage and children born within marriage has a legitimate legal status, thus do not cause law polemics in the future.

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