PERKAWINAN DAN PERCERAIAN YANG TIDAK TERCATAT


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PERKAWINAN DAN PERCERAIAN YANG TIDAK TERCATAT
12.06.08 (4:50 pm)   [edit]
Perkawinan yang tidak didaftarkan, dikalangan masyarakat disebut perkawinan dibawah tangan, yaitu pernikahan yang dilakukan secara agama tetapi tidak dihadapan PPN (tidak dicatatkan). Nikah ini meskipun sah secara agama, tetapi menurut hukum positif tidak memiliki kekuatan hukum (KHI Pasal 6 Ayat 2), sehingga tidak dilindungi segala kepentingan dan segala konsekuensinya oleh hukum. Nikah bawah tangan juga sangat riskan terhadap timbulnya mafsadat (kerusakan). Banyak hal yang negatif dan kemungkinan buruk yang terjadi dari pernikahan bawah tangan. Nikah ini laksana memberi kendaraan atau sebidang tanah yang tidak memiliki surat-surat kepemilikan. yang paling banyak dirugikan adalah pihak perempuan, disamping status nikahnya tidak memiliki kekuatan hukum (meskipun sah secara agama) dengan berbagai konsekuensi hukumnya. Misalnya, suami tidak bertanggung jawab atau meninggalkan istrinya, bahkan pergi begitu saja, maka pihak perempuan tidak dapat berbuat apa-apa. Jika suami meninggal, istri tidak dapat menuntut hak waris ataupun harta gono-gini, karena status perkawinannya tidak terdaftar, begitu pula dengan perceraian yang tidak terdaftar, melanggar ketentuan administrasi Undang-Undang Perkawinan Nomor 1 Tahun 1974 (Pasal 38 - 41). meskipun secara agama sah, tetapi menurut aturan negara perceraian tersebut tidak sah dimata hukum. disini juga yang paling banyak dirugikan adalah pihak istri, yaitu istri tidak dapat kawin lagi dengan laki-laki lain jika status perceraiannya tidak terdaftar, karena aturan hukum masih menganggap perempuan tersebut masih terikat perkawinan, pihak perempuan pun tidak dapat menuntut nafkah iddah, harta gono-gini dan nafkah untuk anak-anak.

 


posted by: Fachrul (reply)
post date: 12.09.08 (7:59 am)

ass.. trimaksih ya bu'..
atas semua materi kuliah ilmu hukum islamnya..



posted by: Fachrul (reply)
post date: 12.09.08 (8:01 am)

email: Fachrul.Aroel@yahoo.co.id




posted by: cosmopolitanserpong (reply)
post date: 03.20.09 (1:48 am)

tambahan: secara hukum anak yg dilahirkan adalah adalah anak dari ibu, dan anaknya tidak dapat menuntut apapun ke Bapaknya, semua tergantung moral dan mental si Bapak mengakui atau tidaknya,



posted by: sayid (reply)
post date: 04.30.09 (6:58 pm)

bagaimana mengenai harta bersama yang diperoleh selama pernikahan di bawah tangan, apakah dapat dimintakan pembagiannya bilamana terjadi perpisahan / perceraian ?



posted by: riana (reply)
post date: 05.04.09 (6:01 am)

Jika sebelum perkawinan ada membuat akta perjanjian perkawinan mengenai masalah harta bersama, maka bisa dituntut pembagiannya. Tapi, jika tidak ada, maka akan sulit bagi pihak istri untuk menuntut karena status perkawinannya tidak tercatat, jika tidak tercatat sama juga tidak diakui oleh negara dan menurut UU perkawinan tidak sah serta melanggar PP No.9/1975.




posted by: ElLoco (reply)
post date: 03.16.12 (1:22 pm)

bagaimana perkembangan ikaleentutl pada masa lalu dan sekarang?kl ttg perkembangan pemikiran para ahli hukum indonesia ada baiknya efrida baca bukunya Khudzaifah Dimyati yang diangkat dari disertasinya dengan judul: Teorisasi Hukum: Studi tentang Perkembangan Pemikiran Hukum di Indonesia 1945 – 1990, . ada banyak hal yg menarik dalam buku tersebut meskipun belum komprehensif.Jika perkembangan ikaleentutl dalam hukum internasional yg ada di Indonesia saya kira tidak banyak. Mungkin yg patut diperhatikan adalah perdebatan pengklasifikasian hukum humaniter antara Mochtar Kusumaatmadja dengan Haryomataram. Atau perbedaan penggunaan istilah hukum internasional dengan hukum transnasional antara Mochtar Kusumaatmadja dengan C.G.F. Sunaryati Hartono.terima kasih



posted by: B.TAVIP (reply)
post date: 08.15.12 (10:57 pm)

HARTA YG DICARI BERSAMA SELAMA PERKAWINAN DIBAWAH TANGAN LALU SI SUAMI MENINGGAL APAKAH ADA HAK UNTUK ISTRI MAUPUN ANAK DARI SI SUAMI UNTUK MENGAMBILNYA



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