Some Salient Legal Programs are Discussed

Jakarta | Portal Rakernas

“To solve marriage law problems is not as easy as falling off a log. Many of them are hardly solved”, Justice, Habuburrahman said.

He presents his paper in the meeting of the Commission II during the second day of the National Meeting held by the Supreme Court,  Tuesday (20/09/2011).

One crucial problem related to marriage law is unofficial marriage (nikah sirri). Habibirrahman states that a marriage must be registered as it is stipulated by the article 2 verse (2) of the Law No. 1/1974 on Marriage.

 

He also explains that the article 23 of the Law No. 23/2006 on Population Administration stipulates the registration of marriage. A marriage must be reported to be registered in 60 days.

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According to him, so many cases of unofficial marriage happen in Indonesia.

 

Recently, the Religious Court of Central Jakarta held a trial in Kinabalu, Malaysia. It examined case of “isbat nikah” (marriage legalization). I was based on the Decision Letter of the Chief Justice, No. 084/KMA/SK/V/2011.

There were 640 cases of marriage legalization file to the court. It shows a great interest of people to this new trend of trial.

Another crucial legal problem on marriage is wali adhol (a term used to define marriage guardian who is reluctant to permit a girl to marry). Usually, cases of wali adhol is are regarded as volunteer cases. According to Habibirrahman, this case should be contentious.

(arijaya)