Kedudukan Pencatatan terhadap Keabsahan Perkawinan: Telaah Pencatatan Perkawinan

Abstract

The practice of sirri marriage is not only carried out by ordinary people, but also by public officials. One of the factors causing this is due to the unclear relationship of legal norms between paragraph 1 and paragraph 2 of Article 2 of the Marriage Law, resulting in different interpretations. On the one hand, it is considered that paragraph 1 and paragraph 2 are one unit, on the other hand, it is considered that the clauses stand on their own. Starting from this, this paper explains the relationship between paragraph 1 and paragraph 2 of Article 2 of the Marriage Law. Data is collected from literature review through library studies. It uses maqashid shari'ah as an analytical tool. This paper argues that the position of marriage registration is in direct contact with the dharuri needs of humans, including the legal protection of wives from physical and psychological violence (hifdz al-nafs), the protection of property obtained during marriage (hifdz al-mal) and the protection of children born from marriage (hifdz nasl). By placing the legal relationship between paragraph (1) and paragraph (2) into an inseparable unity, from the perspective of maqashid shari'ah. So, every marriage that is held is not enough just to fulfil the pillars of marriage but also the elements of marriage registration must be fulfilled in a valid marriage. Keywords: Marriage Registration, Maqashid Shari’ah, Marriage Validity