[ ABSTRAK
Perkawinan adalah sah menurut Undang-Undang Nomor 1 Tahun 1974 apabiladilakukan sesuai dengan agama dan kepercayaannya masing-masing sertadicatatkan di kantor pencatatan perkawinan. Dalam perkembangan masyarakatsekarang ini munculah istilah kawin kontrak, dimana perkawinan dilaksanakandalam jangka waktu tertentu, dan adanya imbalan materi bagi salah satu pihak,serta ketentuan-ketentuan lain yang diatur dalam suatu kontrak atau kesepakatantertentu. Hal tersebut menjadi permasalahan yang diangkat dalam penelitian ini.Utamanya metode yang digunakan dalam penelitian ini adalah yuridis normatif,dengan menggunakan metode analisis kualitatif, sehingga akan menghasilkansuatu data deskriptif, yaitu data yang melukiskan keadaan obyek atau peristiwayang diteliti. Penelitian ini juga dilengkapi dengan studi kasus kawin kontrak yangterjadi di Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua, Bogor melaluibeberapa wawancara. Kawin kontrak berakibat pada tidak diakuinya istri dalamkawin kontrak sebagai istri yang sah, serta anak yang dilahirkan akibatperkawinan kontrak digolongkan sebagai anak luar kawin. Diperlukan upayahukum untuk mencegah kawin kontrak, seperti upaya pemerintah memasukkanRancangan UndangUndang (RUU) Hukum Materiil Peradilan Agama tentangPerkawinan ke dalam program legislasi nasional 2010-2014 yang melarangpraktek kawin kontrak, atau diperlukan upaya hukum lainnya seperti membuatpara pihak dalam perjanjian kawin kontrak tersebut mempunyai kedudukan yangseimbang.
ABSTRACT Marriage is legally recognize according to Indonesia?s 1974 Marriage Law if it isperformed according to the religion of the two parties and were listed in themarriages registry office. In society development of today's came the term oftemporary marriage, where the marriage performed in a certain period, and anymaterial rewards for one of the parties, and other provisions that was arranged inparticular contract or agreement.. This becomes the issue raised in this study. Inthis study, the method used is empirical juridical, using methods of qualitativeanalysis, so it will generate some descriptive data, data that describes the state ofthe object or event under study. This study also equipped with case study ofTemporary Marriage in Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua,Bogor by doing some interviews. Temporary Marriage resulting in derecognitionof wife in that marriage as a legitimate wife and the children born in temporarymarriage are classified as child born out of wedlock. Legal action is required toprevent the temporary marriage. Such as government efforts to enter the draft Lawabout Materil Law in Religious Court about Marriage into National LegislationProgram (Prolegnas) 2010-2014 that prohibiting the practice of temporarymarriage. Also needed the other legal action to make the parties in that temporarymarriage have the balance position;Marriage is legally recognize according to Indonesia?s 1974 Marriage Law if it isperformed according to the religion of the two parties and were listed in themarriages registry office. In society development of today's came the term oftemporary marriage, where the marriage performed in a certain period, and anymaterial rewards for one of the parties, and other provisions that was arranged inparticular contract or agreement.. This becomes the issue raised in this study. Inthis study, the method used is empirical juridical, using methods of qualitativeanalysis, so it will generate some descriptive data, data that describes the state ofthe object or event under study. This study also equipped with case study ofTemporary Marriage in Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua,Bogor by doing some interviews. Temporary Marriage resulting in derecognitionof wife in that marriage as a legitimate wife and the children born in temporarymarriage are classified as child born out of wedlock. Legal action is required toprevent the temporary marriage. Such as government efforts to enter the draft Lawabout Materil Law in Religious Court about Marriage into National LegislationProgram (Prolegnas) 2010-2014 that prohibiting the practice of temporarymarriage. Also needed the other legal action to make the parties in that temporarymarriage have the balance position;Marriage is legally recognize according to Indonesia?s 1974 Marriage Law if it isperformed according to the religion of the two parties and were listed in themarriages registry office. In society development of today's came the term oftemporary marriage, where the marriage performed in a certain period, and anymaterial rewards for one of the parties, and other provisions that was arranged inparticular contract or agreement.. This becomes the issue raised in this study. Inthis study, the method used is empirical juridical, using methods of qualitativeanalysis, so it will generate some descriptive data, data that describes the state ofthe object or event under study. This study also equipped with case study ofTemporary Marriage in Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua,Bogor by doing some interviews. Temporary Marriage resulting in derecognitionof wife in that marriage as a legitimate wife and the children born in temporarymarriage are classified as child born out of wedlock. Legal action is required toprevent the temporary marriage. Such as government efforts to enter the draft Lawabout Materil Law in Religious Court about Marriage into National LegislationProgram (Prolegnas) 2010-2014 that prohibiting the practice of temporarymarriage. Also needed the other legal action to make the parties in that temporarymarriage have the balance position;Marriage is legally recognize according to Indonesia?s 1974 Marriage Law if it isperformed according to the religion of the two parties and were listed in themarriages registry office. In society development of today's came the term oftemporary marriage, where the marriage performed in a certain period, and anymaterial rewards for one of the parties, and other provisions that was arranged inparticular contract or agreement.. This becomes the issue raised in this study. Inthis study, the method used is empirical juridical, using methods of qualitativeanalysis, so it will generate some descriptive data, data that describes the state ofthe object or event under study. This study also equipped with case study ofTemporary Marriage in Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua,Bogor by doing some interviews. Temporary Marriage resulting in derecognitionof wife in that marriage as a legitimate wife and the children born in temporarymarriage are classified as child born out of wedlock. Legal action is required toprevent the temporary marriage. Such as government efforts to enter the draft Lawabout Materil Law in Religious Court about Marriage into National LegislationProgram (Prolegnas) 2010-2014 that prohibiting the practice of temporarymarriage. Also needed the other legal action to make the parties in that temporarymarriage have the balance position, Marriage is legally recognize according to Indonesia’s 1974 Marriage Law if it isperformed according to the religion of the two parties and were listed in themarriages registry office. In society development of today's came the term oftemporary marriage, where the marriage performed in a certain period, and anymaterial rewards for one of the parties, and other provisions that was arranged inparticular contract or agreement.. This becomes the issue raised in this study. Inthis study, the method used is empirical juridical, using methods of qualitativeanalysis, so it will generate some descriptive data, data that describes the state ofthe object or event under study. This study also equipped with case study ofTemporary Marriage in Kampung Warung Kaleng, Desa Tugu Selatan, Cisarua,Bogor by doing some interviews. Temporary Marriage resulting in derecognitionof wife in that marriage as a legitimate wife and the children born in temporarymarriage are classified as child born out of wedlock. Legal action is required toprevent the temporary marriage. Such as government efforts to enter the draft Lawabout Materil Law in Religious Court about Marriage into National LegislationProgram (Prolegnas) 2010-2014 that prohibiting the practice of temporarymarriage. Also needed the other legal action to make the parties in that temporarymarriage have the balance position] |
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