POLITIK HUKUM ITSBAT NIKAH
DOI:
https://doi.org/10.14421/musawa.2013.122.279-294Abstract
Marital Itsbat is still necessary as a policy, even for marriages conducted prior to the entry to force of Law No. 1 of 1974 on Marriage. Changes regarding the provision of Itsbat are necessary to ensure that the law could still act as the guardian of legal certainty to achieve justice for citizens. In reality, a policy of legitimizing marital. Itsbat is necessary in Indonesia’s legal politics, which is not only based on past marital laws (iusconstituendum), current laws but must also encompass the need to regulate future marriages (iusconstitutum. Considering thse needs, the policy in question must not only fulfill the needs of Muslims, but also those who are deprived of the chance to legitimize their marriages’ documentation; whether due to poverty, ignorance or other factors (such as the religious validity of the couple), migration or other issues. This material change of Itsbat should still be based on the principle of protection and non-discrimination towards women so that it can still give a sense of justice to women. In other words, it should not only stem from the fulfillment of the requirements in Law No. 1 of 1974, which in reality has been proven to be discriminatory to women.Downloads
Download data is not yet available.
Downloads
Published
2016-03-01
Issue
Section
Articles
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- 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.
- 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).
Abstract Viewed = 1169 times
|
PDF downloaded = 1978 times