Pandangan Masyarakat tentang Nikah di Bawah Tangan di Kota Palangka Raya

Abstract

The study observed society’s view to the factor and impact of the occurrence of siri’s marriage in Palangkaraya Raya town. The purpose of this study was to: (1) know and describe society’s view on the factor of the occurrence of siri’s marriage in Palangkaraya Raya town and (2) know and describe society‟s view on the impact of the occurrence of siri’s marriage in Palangka Raya town. This study applied descriptive with field research by using juridical empirical approach. The type of this study applied law sociology that examined the "law as it is in society". The results of the study showed that the factors of the occurrence of siri’s marriage, according to society’s view, were: not having divorce certificate but wishing to get married again, pregnant before marriage, wishing to quickly get married and not wishing to deal with KUA, the existence of brokers, the husband wishing to quietly polygamy, uncomplete administrative requirements, the bride and groom are not yet married enough, lacking of knowledge, away access to KUA, lacking of education, lacking of information, promiscuity. Meanwhile, the impact of the occurrence of siri’s marriage were: not having marriage book, unable to make family card and child's birth certificate, not obtaining state protection and inheritance rights (mother and children), having difficulties of dealing with societies (such as, renting, borrowing and even performing hajj/umroh), unable to claim property and make BPJS cards. The solution to overcome siri’s marriage is by filing an isbath marriage request to the Religious Court.