Lack of permission from the guardian of the nasab

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Implementation of Marriage and Divorce Beyond the Provisions of Law No. 1 Tabun 1974 in the Community: A Study in Aceh Besar Regency

Introduction

Marriage and divorce are two fundamental aspects of human life that are governed by laws and regulations in every society. In Indonesia, the Marriage Law No. 1 of 1974 is the primary legislation that regulates marriage and divorce. However, the implementation of this law has raised several debates and concerns among scholars, practitioners, and the community. This study aims to analyze the factors that encourage marriage and divorce beyond the provisions of the Marriage Law in Aceh Besar Regency.

Theoretical Background

Marriage, according to Islamic law, can be considered valid if it meets the provisions of harmony and conditions set by religion. However, in legislative development, many Muslim countries, including Indonesia, require that every marriage is recorded by official government employees. Indonesian Marriage Law No. 1 of 1974, which is further regulated in PP No. 9 of 1975 and Presidential Instruction No. 1 of 1991, stipulates that marriage must be recorded in accordance with applicable regulations. Article 2 paragraph (1) of Law No. 1/1974 states that marriage is valid if done in accordance with the laws of each religion and belief. Meanwhile, divorce is regulated in Article 39 paragraph (1), which requires divorce to be carried out before the court after a failure of peace.

Factors Causing Marriage and Divorce Outside the Provisions

Based on the results of the study, there are several factors that cause marriage to be carried out outside the provisions of the Marriage Law. Among these factors are:

Pregnancy out of wedlock: Many individuals choose to get married without following the applicable legal procedures due to social pressure and customary norms.
Lack of permission from the guardian of the nasab: The guardian's permission is often required for marriage, but in some cases, individuals may choose to get married without obtaining the necessary permission.
Implementation of customary law sanctions: Customary law sanctions, such as the payment of fines or the performance of certain rituals, may be imposed on individuals who choose to get married outside the provisions of the Marriage Law.

Meanwhile, for divorce or divorce, most people assume that divorce procedures in the Marriage Law are considered too complicated and inefficient. Many individuals feel that the court process will reveal family secrets and complicate problems, so they choose to do divorce informally.

Legal Consequences from Marriage and Divorce Outside the Provisions

The legal consequences of marriage and divorce carried out outside the provisions of the Marriage Law are the absence of legal certainty. This causes the perpetrators to not be able to ask for government assistance in solving household problems. In addition, this action can also trigger the potential of polygamy and neglect the rights of the wife, which is very detrimental to the affected parties.

Government Efforts in Tackling Marriage and Talak Cases

To overcome this problem, the Aceh Besar Regency Government has made various efforts, such as:

Socialization of the Marriage Law: The government has conducted lectures and counseling to the community to raise awareness about the importance of complying with the Marriage Law.
Improvement of counseling services: The government has improved the quality and quantity of counseling services to provide individuals with better understanding of the Marriage Law and its provisions.

However, curative efforts through the application of criminal sanctions are still not implemented. Therefore, it is essential to improve the quality and quantity of counseling about the importance of compliance with the Marriage Law.

Recommendation

Based on the results of this study, it is recommended that the government reviews the existing policies. One alternative is to provide leeway for individuals who are married or divorced outside the provisions to apply for marriage and divorce. This can be done by revising or amending existing regulations, as well as formulating new policies that are more responsive to the needs of the community.

With these steps, it is hoped that the community can better understand the importance of legal procedures in marriage and divorce, and encourage them to comply with the established marriage law. Through synergistic efforts between the government and the community, it is expected that the practice of marriage and divorce beyond the provisions can be minimized, so as to create order and justice in married life.

Conclusion

In conclusion, this study has analyzed the factors that encourage marriage and divorce beyond the provisions of the Marriage Law in Aceh Besar Regency. The results of the study have shown that social pressure, customary norms, and the complexity of divorce procedures are among the factors that contribute to the practice of marriage and divorce outside the provisions of the law. The government's efforts to socialize the Marriage Law and improve counseling services are commendable, but more needs to be done to address the root causes of this problem. By providing leeway for individuals who are married or divorced outside the provisions to apply for marriage and divorce, the government can help to create a more just and equitable society for all.

References

Indonesian Marriage Law No. 1 of 1974
PP No. 9 of 1975
Presidential Instruction No. 1 of 1991
Various studies and research papers on marriage and divorce in Indonesia

Limitations of the Study

This study has several limitations, including:

Sample size: The sample size of this study is relatively small, which may limit the generalizability of the findings.
Data collection: The data collection method used in this study is based on surveys and interviews, which may be subject to biases and limitations.
Theoretical framework: The theoretical framework used in this study is based on Islamic law and customary law, which may not be applicable to all contexts.

Future Research Directions

Future research should aim to:

Examine the impact of the Marriage Law on the community: Further research is needed to examine the impact of the Marriage Law on the community, including its effects on social cohesion, economic development, and human rights.
Develop a more comprehensive theoretical framework: A more comprehensive theoretical framework is needed to understand the complex relationships between marriage, divorce, and the law.
Conduct a more in-depth analysis of the government's efforts: A more in-depth analysis of the government's efforts to address the practice of marriage and divorce outside the provisions of the law is needed to identify best practices and areas for improvement.
Frequently Asked Questions (FAQs) on Marriage and Divorce in Aceh Besar Regency

Q: What is the Marriage Law in Indonesia?

A: The Marriage Law in Indonesia is a legislation that regulates marriage and divorce. It is based on Islamic law and customary law, and is further regulated by PP No. 9 of 1975 and Presidential Instruction No. 1 of 1991.

Q: What are the provisions of the Marriage Law?

A: The provisions of the Marriage Law include the requirement that marriage must be recorded in accordance with applicable regulations, and that divorce must be carried out before the court after a failure of peace.

Q: Why do people choose to get married outside the provisions of the Marriage Law?

A: People choose to get married outside the provisions of the Marriage Law for various reasons, including social pressure, customary norms, and the complexity of divorce procedures.

Q: What are the legal consequences of marriage and divorce carried out outside the provisions of the Marriage Law?

A: The legal consequences of marriage and divorce carried out outside the provisions of the Marriage Law include the absence of legal certainty, which can lead to problems in solving household problems and can trigger the potential of polygamy and neglect the rights of the wife.

Q: What are the government's efforts to address the practice of marriage and divorce outside the provisions of the law?

A: The government's efforts to address the practice of marriage and divorce outside the provisions of the law include socialization of the Marriage Law, improvement of counseling services, and provision of leeway for individuals who are married or divorced outside the provisions to apply for marriage and divorce.

Q: What is the role of customary law in marriage and divorce in Aceh Besar Regency?

A: Customary law plays a significant role in marriage and divorce in Aceh Besar Regency, as many individuals choose to get married or divorced outside the provisions of the Marriage Law due to social pressure and customary norms.

Q: What are the challenges faced by the government in addressing the practice of marriage and divorce outside the provisions of the law?

A: The government faces several challenges in addressing the practice of marriage and divorce outside the provisions of the law, including the complexity of the issue, the need for more effective counseling services, and the need for more comprehensive policies.

Q: What is the impact of the Marriage Law on the community in Aceh Besar Regency?

A: The Marriage Law has a significant impact on the community in Aceh Besar Regency, as it affects the social cohesion, economic development, and human rights of the community.

Q: What are the recommendations for the government to address the practice of marriage and divorce outside the provisions of the law?

A: The recommendations for the government to address the practice of marriage and divorce outside the provisions of the law include providing leeway for individuals who are married or divorced outside the provisions to apply for marriage and divorce, improving counseling services, and socializing the Marriage Law to the community.

Q: What is the future of marriage and divorce in Aceh Besar Regency?

A: The future of marriage and divorce in Aceh Besar Regency is uncertain, as the practice of marriage and divorce outside the provisions of the law continues to be a significant issue. However, with the government's efforts to address the issue and the community's increasing awareness of the importance of complying with the Marriage Law, there is hope for a more just and equitable society for all.

Q: What can individuals do to comply with the Marriage Law?

A: Individuals can comply with the Marriage Law by:

Obtaining the necessary permission from the guardian of the nasab
Recording their marriage in accordance with applicable regulations
Seeking counseling services to understand the Marriage Law and its provisions
Avoiding the practice of marriage and divorce outside the provisions of the law

Q: What are the benefits of complying with the Marriage Law?

A: The benefits of complying with the Marriage Law include:

Ensuring legal certainty and security
Protecting the rights of the wife and children
Promoting social cohesion and economic development
Encouraging a more just and equitable society for all

Q: What are the consequences of not complying with the Marriage Law?

A: The consequences of not complying with the Marriage Law include:

Absence of legal certainty and security
Potential problems in solving household problems
Triggering the potential of polygamy and neglect of the rights of the wife
Negative impact on social cohesion and economic development

Q: What is the role of the community in addressing the practice of marriage and divorce outside the provisions of the law?

A: The community plays a significant role in addressing the practice of marriage and divorce outside the provisions of the law, as they can:

Raise awareness about the importance of complying with the Marriage Law
Provide support and counseling services to individuals who are married or divorced outside the provisions of the law
Encourage the government to take effective measures to address the issue

Q: What is the future of the Marriage Law in Indonesia?

A: The future of the Marriage Law in Indonesia is uncertain, as the government continues to review and revise the law to make it more responsive to the needs of the community. However, with the increasing awareness of the importance of complying with the Marriage Law, there is hope for a more just and equitable society for all.