PELAKSANAAN SANKSI BAGI PIHAK YANG MENIKAHKAN TANPA KEWENANGAN PADA PERKAWINAN YANG TIDAK TERCATAT

Authors

  • Barzah Latupono Universitas Patimura Indonesia
  • Jolanda Uruilal Politeknik Yasanto, Merauke, Indonesia
  • Tajri Latupono Universitas Patimura Indonesia

Abstract

The marriage must be in accordance with the legal provisions in Law Number 1 of 1974 which was amended by Law Number 16 of 2019 concerning Marriage. According to the Marriage Law, a marriage must be valid according to religious law and then registered with an agency that has the right to register for those who are diverse in Islam, namely the KUA and for those who are of a religion other than Islam in KCS if the marriage is carried out according to legal regulations it is said to be valid but if the marriage is not carried out in accordance According to the rule of law, marriages are said to be invalid and marriages that are considered invalid because those who marry the parties are not those who have the authority to marry, in this case not officers appointed by the KUA but religious leaders such as Imams and ustad who do not have the authority according to law to marry the parties. . This practice is carried out in society so that it gives birth to marriages that are illegitimate in the eyes of the law so that the law provides sanctions to people who marry without having authority in the form of corporal punishment or fines so that they become deterrent and no longer carry out this kind of practice in society.

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Published

2023-08-28

How to Cite

Barzah Latupono, Jolanda Uruilal, & Tajri Latupono. (2023). PELAKSANAAN SANKSI BAGI PIHAK YANG MENIKAHKAN TANPA KEWENANGAN PADA PERKAWINAN YANG TIDAK TERCATAT. Jurnal Komunikasi Hukum (JKH), 9(2), 57–70. Retrieved from https://ejournal.undiksha.ac.id/index.php/jkh/article/view/66883

Issue

Vol. 9 No. 2 (2023): Agustus, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).