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Impact of the absence of quotations of marriage certificates for families in Geulumpang Village, Pirak Timu District
In Article 2 paragraph 2 of the Marriage Law Number 1 of 1974 stipulates that each marriage is recorded according to the applicable laws and regulations. By not explaining the purpose of the recording, in the General Explanation it is only said that each marriage is the same as recording important events in a person's life, such as birth, death, stated in the statements, an official deed which is also contained in the listing.
Marriage records are recognized by Islamic law reviewers as having a very important position especially to ensure order and legal certainty for the community. Marriage witnesses can be understood in two forms, living witnesses and deed witnesses which in turn are authentic proofs of a marriage. It is also possible to record marriages placed administrative requirements but with a more strict status. That is, even though the marriage certificate is still placed as an administrative requirement, the state perspective has a very important and influential position on the other side of his life, especially in the context of state life. For example, married people must show their deeds if they have an affair, whether they are a KTP, a family card, driver's license, enroll school children and other matters.
Marriage certificate is a mandatory requirement set by the state on the validity of a marriage. Marriage records are only administrative in nature but must be considered important because through recording the marriage will
published book of marriage certificate (marriage book) that will be authentic proof of the existence of a legitimate marriage. Nevertheless,
marriage registration is not a legal requirement, but only an administrative requirement. By not registering a marriage by itself the couple or family does not have a marriage certificate (marriage book) and directly affects the couple and their children.
Based on the results of interviews that the author has done with respondents from families who do not have a marriage certificate (marriage book) in Geulumpang Village, Pirak Timu District, it can be concluded that the absence of a marriage book (quotation of marriage certificate) brings some effects, namely as the following:
Weak Legal Protection Against Wives
According to Islamic marriage law that is not recorded and does not have a marriage certificate (marriage book) is legal as long as it meets the requirements and pillars of marriage, but this unregistered marriage, the state law does not recognize it so that various household problems include divorce in the future it can only be completed outside the state law line, which is carried out by deliberation according to Islamic law and at the village level.
The impact of a marriage that is not listed and does not have a quotation of a marriage certificate (marriage book) on the wife is; Wives cannot sue husbands, if abandoned by husbands, wives do not get benefits if husbands die, such as raharja service allowances, if the husband is an employee, then the wife does not get a marriage allowance and husband's pension benefit.
Legally women who are married without a marriage certificate are not considered as legitimate wives. In other words the marriage is considered invalid. Therefore his wife is not entitled to a living and inheritance if the husband dies. The wife is not entitled to the property of gono gini (treasure hareukat) in the event of a divorce. The wife is also not entitled to a wife's allowance and a pension benefit from her husband, because her name is not recorded in the husband's office.
Based on the results of interviews with the residents of Geulumpang Village, Pirak Timu Subdistrict, some of the effects of the absence of a marriage certificate (marriage book) that harm the wife legally are that the wife cannot sue her husband for divorce which does not give her an inner birth of more than 5 years, as delivered by Ms. Nurjannah who had been abandoned for 5 years by her husband without any news from her husband and was not given an inner and outer income. When planning to sue for her husband's divorce (fasakh) to the Religious Court, the Religious Court (Mahkamah Syar'iyah) Lhoksukon requested authentic evidence from her marriage, namely a marriage certificate (marriage book). As a result of the absence of the marriage book, the lawsuit has not been accepted until now and his life is hanging around without clarity of status, even though he plans to marry someone else.
The weak position of the wife in terms of law as a result of the absence of a marriage book was also felt by Ibu Rohani, a widow of the residents of Gampong Geulumpang, Pirak Timu Sub-District, as she explained to the author, she could not get veteran allowances from her late husband