Itsbat (law stipulation) for mixed marriage in Indonesia Tourism Destination

Khosyi’ah, Siah and Sururie, Ramdani Wahyu and Fuadah, Aah Tsamrotul and Sholeh, Aziz (2018) Itsbat (law stipulation) for mixed marriage in Indonesia Tourism Destination. Itsbat (Law Stipulation) for Mixed Marriage in Indonesia Tourism Destination.

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Abstract

This study aims to describe the itsbat marriage and judicial legal considerations in granting itsbat marriage to mixed marriages in tourist areas in Indonesia in relation to material rights after the marriage has legal force. Thisstudy uses a normative juridical method with a qualitative approach, primary data sources in the form of reasons and judicial legal considerations that are related to this research, while secondary data sources, in the form of books that have relevance to research. Data collection techniques in addition to interviews with judges that establish its marriage rights for mixed marriage applications in tourist areas in Indonesia are also related literature. The data analysis in this study is a qualitative analysis with a normative juridical approach. The results showed that juridically itsbat mixed marital marriage in tourist areas in Indonesia legal considerations of religious court judges not only use written law as in the Compilation of Islamic Law Article 3 paragraph (3) letter e which is used as a reason ijtihad judges in granting itsbat marriage of mixed marriages in tourist areas in Indonesia, but more emphasis on other aspects so that from various formulations of judges' consideration, disparities can be seen from one another. A marriage that has legal certainty (principle of legal security and rechtzheheid), the state guarantees the rights and obligations of every citizen including those who engage in mixed marriages in tourist areas in Indonesia, the effect of the itsbat marriage about the right and obligation to strengthen marriage itself rights and obligations will arise which have to do with material rights, for example, the right to livelihood, rights to joint property, inheritance rights, and so on.

Item Type: Article
Uncontrolled Keywords: Itsbat; Marriage; Juridical;
Subjects: Fikih (Fiqih, Fiqh), Hukum Islam > Hukum Keluarga dan Hukum Perkawinan, Pernikahan menurut Islam
Private Law > Domestic Relations, Family Law, Marriage
Divisions: Fakultas Syariah dan Hukum > Prgram Studi Al-Ahwal Al-Syakhshiyah
Depositing User: Rasyida Rofiatun Nisa
Date Deposited: 13 Jul 2020 02:05
Last Modified: 13 Jul 2020 02:05
URI: http://digilib.uinsgd.ac.id/id/eprint/31821

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