THE VALIDITY OF MARRIAGE AGREEMENT REGARDING PROPERTIES IN UNREGISTERED MARRIAGES
The purpose of this study is to analyze the married couples engaged in an unregistered marriage and the position of the marriage agreement regarding the property as well as the concept of equal treatment of couples before and after isbat based on the theory of equality. This is important due to the...
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| Autores principales: | , , , , , |
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| Formato: | article |
| Lenguaje: | EN ID |
| Publicado: |
Faculty of Law, Universitas Sebelas Maret
2021
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| Materias: | |
| Acceso en línea: | https://doaj.org/article/4b68764d5e624c9e9ad9370a5abd9881 |
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| Sumario: | The purpose of this study is to analyze the married couples
engaged in an unregistered marriage and the position of the
marriage agreement regarding the property as well as the
concept of equal treatment of couples before and after isbat
based on the theory of equality. This is important due to the
legal gap observed in the norms, especially in relation to
the unregistered legal marriages, despite the recognition of
religious and registered marriages in Indonesian laws. This
is legal research conducted using a conceptual and regulatory
approach and the results defined an unregistered marriage as
a legal marriage which fulfills the requirements determined
by religion. Therefore, the failure to register a marriage does
not invalidate its legality but there is a need for the record to
be available with the state charged with such responsibility.
Moreover, the agreements made concerning properties
in unregistered marriages are valid as long as the parties
conducted the process voluntarily and fulfill all the elements
required. These agreements can also be recognized through the
submission of isbat (marriage authorization) which recognizes
and stipulates all activities conducted in the marriage before
the isbat. |
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